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Children (Scotland) Act 1995
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Changes over time for: Section 71A
Version Superseded: 24/06/2013
Alternative versions:
- 31/01/2005- Amendment
- 01/04/2011
Point in time - 24/06/2013- Amendment
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Children (Scotland) Act 1995, Section 71A is up to date with all changes known to be in force on or before 24 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F171AEnforcement of local authorities' duties under section 71U.K.
(1)The sheriff principal may, on an application under subsection (2) below, make an order requiring a relevant local authority in breach of a duty imposed on them under section 71 of this Act to perform that duty.
(2)The Principal Reporter, having been so authorised by a children’s hearing under section 70(7E) of this Act, may apply for an order under subsection (1) above.
(3)No such application shall be competent unless—
(a)the Principal Reporter has, on a direction of the children’s hearing made under section 70(7A) of this Act, given the relevant local authority the notice referred to in that provision; and
(b)the authority have failed to comply, within the period stipulated in the notice, with the duty there referred to.
(4)In deciding whether to apply under subsection (2) above, the Principal Reporter shall not take into account any factor relating to the adequacy of the means available to the relevant local authority to enable it to comply with the duty.
(5)An application under subsection (2) above shall be made by summary application.
(6)The sheriff principal having jurisdiction under this section is the sheriff principal of the sheriffdom in which is situated the principal office of the relevant local authority in breach of the duty referred to in subsection (1) above.
(7)An order under subsection (1) above shall be final.]
Textual Amendments
F1S. 71A inserted (31.1.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 136(3), 145(2); S.S.I. 2004/420, art. 3, Sch. 4
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