Explanatory Notes

Children’s Hearings (Scotland) Act 2011

2011 asp 1

6 January 2011

Commentary on Sections

Part 5 – Child Assessment and Child Protection Orders

Consideration of application by sheriff

Section 38 – Consideration by sheriff: application by local authority only

40. This section relates specifically to the sheriff’s consideration of a local authority application for a child protection order. Subsection (2) sets out what the sheriff must be satisfied of before making the child protection order.

Section 39 – Consideration by sheriff: application by a local authority or other person

41. This section relates to the sheriff’s consideration of an application for a child protection order by any person, including a local authority. Subsection (2) sets out what the sheriff must be satisfied of before making the child protection order.