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Children’s Hearings (Scotland) Act 2011

Termination of order

Section 52 – Automatic termination of order

54.This section provides for a child protection order made under section 37(2)(b), authorising the removal of the child to a place of safety, to cease to have effect if the applicant has not attempted to implement the order within 24 hours of it having been made. Subsection (3) provides that any order which includes an authorisation to remove a child to a place of safety will cease to have effect after 6 days where implementation of the order has not been possible within that timeframe.

Section 53 – Power of Principal Reporter to terminate order

55.This section provides the Principal Reporter with the power to terminate or vary a child protection order made by the sheriff where the reporter receives further evidence to suggest that the conditions for the making of the order, or specific directions included in an order, are no longer satisfied. The reporter may terminate or vary an order up until the Children’s Hearing commences under section 45 or 46, or until the hearing of an application to the sheriff commences under section 48.

Section 54 – Termination of order after maximum of 8 working days

56.This section establishes the maximum duration of child protection orders. Where a child protection order directs the removal of a child to a place of safety under section 37(2)(b), the order cannot remain effective beyond the eighth day after the child was removed to the place of safety. Where a child protection order does not direct the removal of a child to a place of safety the order cannot remain effective beyond the eighth working day after it was made. A child protection order ceases to have effect before that day on those instances when a Children’s Hearing arranged under section 69 begins or when notice is given under section 68(3) that no hearing will take place.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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