Children (Scotland) Act 1995

59 Initial hearing of case of child subject to child protection order. S

(1) This section applies where—

(a) a child in respect of whom a child protection order has been made—

(i) has been taken to a place of safety by virtue of section 57(4)(b) of this Act; or

(ii) is prevented from being removed from any place by virtue of section 57(4)(c) of this Act;

(b) the Principal Reporter has not exercised his powers under section 60(3) of this Act to discharge the child from the place of safety; and

(c) the Principal Reporter has not received notice, in accordance with section 60(9) of this Act, of an application under subsection (7) of that section.

(2) Where this section applies, the Principal Reporter shall arrange a children’s hearing to conduct an initial hearing of the child’s case in order to determine whether they should, in the interests of the child, continue the child protection order under subsection (4) below.

(3) A children’s hearing arranged under subsection (2) above shall take place on the second working day after that order is implemented.

(4) Where a children’s hearing arranged under subsection (2) above are satisfied that the conditions for the making of a child protection order under section 57 of this Act are established, they may continue the child protection order and any direction given under section 58 of this Act (whether with or without variation of the order or, as the case may be, the direction) until the commencement of a children’s hearing in relation to the child arranged in accordance with section 65(2) of this Act.

(5) In subsection (3) above, section 60 and section 65(2) of this Act any reference, in relation to the calculation of any period, to the time at which a child protection order is implemented shall be construed as a reference—

(a) in relation to such an order made under paragraph (b) of subsection (4) of section 57 of this Act, to the day on which the child was removed to a place of safety in accordance with the order; and

(b) in relation to such an order made under paragraph (c) of that subsection, to the day on which the order was made,

and “implement” shall be construed accordingly.

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Modifications etc. (not altering text)

C1 S. 59(4) amended (forms prescribed) (1.4.1997) by S.I. 1996/3261, Rule 27, Sch.