Antisocial Behaviour etc. (Scotland) Act 2004

The Children (Scotland) Act 1995 (c. 36)

This section has no associated Explanatory Notes

4(1)The Children (Scotland) Act 1995 shall be amended as follows.

(2)In section 51(5) (powers of sheriff on allowing appeal against decision of children’s hearing), in paragraph (b) for the words from “condition” to “70(9)” substitute “movement restriction condition imposed under subsection (3)(b) of section 70 of this Act or a condition imposed under subsection (9) of that section”.

(3)In subsection (6) of section 66 (warrant to keep child where hearing unable to dispose of case), for the words from “that”, where it first occurs, to “satisfied” substitute—

(a)that one of the conditions mentioned in section 70(10) of this Act is met; and

(b)that it is necessary to do so,.

(4)In subsection (11) of section 68 (application to sheriff to establish grounds of referral), for the words from “that”, where it first occurs, to “fulfilled” substitute—

(a)that one of the conditions mentioned in section 70(10) of this Act is met; and

(b)that it is necessary for the order to do so,.

(5)In subsection (11) of section 69 (continuation or disposal of referral by children’s hearing) for the words from “that”, where it first occurs, to “fulfilled” substitute—

(a)that one of the conditions mentioned in section 70(10) of this Act is met; and

(b)that it is necessary to do so,.

(6)In section 93 (interpretation of Part 2)—

(a)in subsection (1), in the definition of “relevant local authority”—

(i)after “area” insert “there is established”; and

(ii)for “formed” substitute “constituted”; and

(b)in subsection (2), in paragraph (b), after “3” insert “(except section 75A)”.