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Children’s Hearings (Scotland) Act 2011

Ancillary measures

Section 40 – Information non-disclosure directions

42.This section places a duty on the sheriff to consider whether to make a direction regarding the non-disclosure of the location of a child who is the subject of a child protection order or any other information relating to the child as directed by the sheriff. This sheriff will also specify in the direction the person or class of person to whom that non-disclosure direction applies.

Section 41 – Contact directions

43.This section places a duty on the sheriff to consider contact between the child and certain other persons, specified in subsection (4), during the subsistence of the child protection order. It provides the sheriff with discretion to prohibit contact or to make contact arrangements subject to any conditions that they consider appropriate, in order to safeguard and promote the welfare of the child and to make any other provision that the sheriff considers appropriate about contact between the child and any other person.

Section 42 – Parental responsibilities and rights directions

44.This section provides for an applicant for a child protection order to also apply to the sheriff for a direction in relation to parental responsibilities and rights. A child protection order does not transfer parental responsibilities and rights to the applicant. It provides for the sheriff to give such direction as might be necessary, for example, in order to ensure that a parent maintains beneficial contact with the child, or when a parent refuses to consent to a medical examination which is considered essential to allow for the proper consideration of the child’s needs.

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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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