The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

Interpretation

2.—(1) Subject to paragraph (3), in this Order unless the context otherwise requires—

“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986(1);

“the 1989 Act” means the Children Act 1989(2);

“the 1995 Act” means the Children (Scotland) Act 1995(3);

“the 1995 Order” means the Children (Northern Ireland) Order 1995(4);

“the 2011 Act” means the Children’s Hearings (Scotland) Act 2011(5);

“child” has the meaning given by section 199 of the 2011 Act;

“child assessment order” means an order mentioned in section 35 of the 2011 Act;

“child protection order” means an order mentioned in section 37 of the 2011 Act;

“children’s hearing” is to be construed in accordance with section 5 of the 2011 Act;

“compulsory supervision order” has the meaning given by section 83 of the 2011 Act;

“constable” includes a constable within the meaning of section 43A of the Interpretation Act (Northern Ireland) 1954(6);

“court”, in relation to Northern Ireland, means a court of summary jurisdiction;

“interim compulsory supervision order” has the meaning given by section 86 of the 2011 Act;

“local authority” means—

(a)

in relation to England, the council of a county, a metropolitan district, a London borough or the Common Council of the City of London;

(b)

in relation to Wales, the council of a county or a county borough;

(c)

in relation to Northern Ireland, a Health and Social Care Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(7) and renamed by section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009(8); and

(d)

in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(9);

“medical examination order” has the meaning given by section 87 of the 2011 Act;

“place of safety”, in relation to a child, means—

(a)

a residential or other establishment provided by a local authority;

(b)

a community home within the meaning of section 53 of the 1989 Act;

(c)

a police station;

(d)

a hospital or surgery in England or Wales, the person or body of persons responsible for the management of which is willing temporarily to receive the child;

(e)

a hospital in Northern Ireland under the management of a Health and Social Care Trust(10), the body or persons responsible for the management of which is willing temporarily to receive the child;

(f)

the dwelling-house of a suitable person who is so willing; or

(g)

any other suitable place, the occupier of which is so willing;

“pre-hearing panel” has the meaning given by section 79(2)(a) of the 2011 Act;

“residential establishment” means—

(a)

an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the 2011 Act, the 1995 Act or the Social Work (Scotland) Act 1968(11);

(b)

a home in England or Wales that is—

(i)

a community home within the meaning of section 53 of the 1989 Act;

(ii)

a voluntary home within the meaning of that Act; or

(iii)

a private children’s home within the meaning of that Act; or

(c)

an establishment in Northern Ireland that is—

(i)

a private children’s home, within the meaning of the 1995 Order(12);

(ii)

an authority home provided under Part VII of that Order(13); or

(iii)

a voluntary home provided under Part VIII of that Order;

“secure accommodation” means accommodation provided for the purpose of restricting the liberty of children which—

(a)

in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Service Reform (Scotland) Act 2010(14);

(b)

in England, is provided in a children’s home within the meaning of the Care Standards Act 2000(15) (“the 2000 Act”) in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003(16), “secure accommodation” means accommodation in relation to England which—

(i)

is provided in a children’s home, within the meaning of the 2000 Act, in respect of which a person is registered under Part 2 of that Act; and

(ii)

is approved by the Secretary of State for the purpose of restricting the liberty of children;

(c)

in Wales, is provided in a children’s home within the meaning of the 2000 Act in respect of which a person is registered under Part 2 of that Act; and

“warrant to secure attendance” has the meaning given by section 88 of the 2011 Act.

(2) Any notification mentioned in article 13(1)(c) or 14(1)(c) or consent mentioned in article 13(1)(d) or 14(1)(d) which must be done in writing may be made in electronic form which is—

(a) sent by electronic means; and

(b) capable of being reproduced in legible form.

(3) For the purpose of article 4, the definition of “place of safety” in paragraph (1) does not apply.

(1)

S.I. 1986/594 (N.I. 3).

(2)

1989 c.41.

(3)

1995 c.36.

(4)

S.I. 1995/755 (N.I. 2).

(5)

2011 asp 1.

(6)

1954 c.33 (N.I.).

(7)

S.I. 1991/194 (N.I. 1).

(8)

2009 c.1 (N.I.). Pursuant to Article 2(3) of the 1995 Order and S.R. 1994 No. 64 (as amended by S.R. 1996 No. 439), references in the 1995 Order to an “authority” are construed as references to a Health and Social Care Trust.

(9)

1994 c.39.

(10)

Established by Article 10 of S.I. 1991/194 (N.I. 1) and renamed by section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

(11)

1968 c.49.

(12)

Relevant amending instrument is S.I. 2003/431 (N.I. 9).

(13)

Pursuant to Article 2(3) of the 1995 Order and S.R. 1994 No. 64 (as amended by S.R. 1996 No. 439), references in the 1995 Order to an “authority” are construed as references to a Health and Social Care Trust.

(14)

2010 asp 8.

(15)

2000 c.14.

(16)

2003 c.43.