Explanatory Notes

Antisocial Behaviour etc. (Scotland) Act 2004

2004 asp 8

26 July 2004

Commentary on Sections

Part 9 – Parenting Orders

Section 103 – Parenting orders

229.Section 103 provides for the effect of a parenting order. An order will direct a parent as to how he or she should behave in respect of their child. A parenting order may last for up to 12 months and the parent subject to the order must comply with the requirements of it for that whole period. Further, an order will include a requirement to attend counselling or guidance as directed by a local authority supervising officer for a maximum period of 3 months during the period of the order unless the parent has previously been the subject of a parenting order in respect of the same child. In that situation the guidance/counselling requirement is not mandatory. Schedule 4, paragraph 1(a)(i) makes a consequential amendment to the Social Work (Scotland) Act 1968 to ensure services are available for parenting orders.

230.Subsection (3) gives the Scottish Ministers the power to amend by order the number of months which the requirements of the order must not exceed. This order is subject to affirmative resolution procedure.