SCHEDULE 5

Minor and consequential amendments

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
3
In section 12 of the Antisocial Behaviour etc. (Scotland) Act 2004 (sheriff's power to refer child to children's hearing where antisocial behaviour order made etc.), for subsection (1) substitute—
1
This section applies where—
a
the sheriff makes an antisocial behaviour order or an interim order in respect of a child, and
b
the sheriff considers that a section 67 ground (other than the ground mentioned in section 67(2)(j)) applies in relation to the child.
1A
The sheriff may require the Principal Reporter to arrange a children's hearing.
1B
The sheriff must give the Principal Reporter a section 12 statement if—
a
the sheriff makes a requirement under subsection (1A), and
b
a compulsory supervision order is not in force in relation to the child.
1C
A section 12 statement is a statement—
a
specifying which of the section 67 grounds the sheriff considers applies in relation to the child,
b
setting out the reasons why the sheriff considers the ground applies, and
c
setting out any other information about the child which appears to the sheriff to be relevant.
1D
In this section—
- “compulsory supervision order” has the meaning given by section 83 of the Children's Hearings (Scotland) Act 2011,
- “section 67 ground” means a ground mentioned in section 67(2) of that Act.
.
Sch. 5 para. 3 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3