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Children (Scotland) Act 1995

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  • Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This amendment not applied to legislation.gov.uk. These Regulations never came into effect, having been revoked before coming into force by S.I. 2010/1906, reg. 2)

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8(1)Where relevant proceedings in relation to a child have been commenced and on the relevant date have not been concluded, the provisions of Part III of the 1968 Act shall continue to apply to those proceedings until the proceedings are concluded, notwithstanding the repeal of any of those provisions by this Act.S

(2)For the purposes of this paragraph, “relevant proceedings” means any proceedings at a children’s hearing under Part III of the 1968 Act, any application to the sheriff under that Part for a warrant or under section 42(2)(c) of that Act to establish any ground of referral, and any appeal under section 49 or 50 of that Act; and a reference to the commencement, or to the conclusion, of such proceedings shall be construed in accordance with sub-paragraph (3) or, as the case may be, (4) below.

(3)Relevant proceedings are commenced when one of the following occurs—

(a)a children’s hearing is arranged under section 37(4) or section 39(3) of the 1968 Act;

(b)an application under section 42(2)(c) of that Act is lodged;

(c)an appeal to the sheriff under section 49 of that Act is lodged;

(d)an application under section 50(2) of that Act is made.

(4)Relevant proceedings are concluded when one of the following occurs—

(a)the sheriff discharges the referral under section 42(5) of the 1968 Act;

(b)a children’s hearing discharge the referral under section 43(2) of that Act;

(c)the period of three weeks after a children’s hearing make a supervision requirement under section 44 of that Act or on remission to them under section 49(5) of that Act, expires provided that no appeal has been lodged within that period against that decision under section 49 of that Act;

(d)subject, as respects a decision under section 49(5)(b) of that Act, to head (c) above, the period of twenty eight days after the sheriff has disposed of an appeal under section 49(4), (5) or (6) of that Act expires provided that no application has been made within that period to him to state a case under section 50(2) of that Act;

(e)the period of twenty eight days after the sheriff has disposed of a case remitted to him under section 50(3) expires provided that no further application under the said section 50(2) has been made.

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