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

Ancillary measures

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.