SCHEDULE 5Minor and consequential amendments

Children (Scotland) Act 1995 (c.36)

2

I21

The Children (Scotland) Act 1995 is amended as follows.

I22

In section 12 (restrictions on certain decrees)—

a

in subsection (1), for “or 54 of this Act” substitute “ of this Act or section 62 of the Children's Hearings (Scotland) Act 2011 ”,

b

in subsection (2)(a), for “or 54 of this Act” substitute “ of this Act or section 62 of the Children's Hearings (Scotland) Act 2011 ”.

I23

In section 16 (welfare of child and consideration of views)—

a

in subsection (1)—

i

the words “a children's hearing decide, or” are repealed,

ii

the words “their or” are repealed,

b

in subsection (2), the words “a children's hearing or as the case may be” are repealed,

c

in subsection (3)—

i

for “(4)(a)(i) or (ii) or (b)” substitute “ (4) ”,

ii

the words “requirement or”, in both places where they occur, are repealed,

iii

the words “the children's hearing consider, or as the case may be” are repealed,

d

for subsection (4) substitute—

4

The circumstances to which subsection (2) refers are that the sheriff is considering whether to make, vary or discharge an exclusion order.

e

in subsection (5)—

i

paragraph (a) is repealed,

ii

in paragraph (b), for “Chapters 1 to 3” substitute “ Chapter 1 or 3 ”.

I24

In section 17 (duty of local authority to child looked after by them)—

a

in subsection (6), for paragraph (b) substitute—

b

who is subject to a compulsory supervision order or an interim compulsory supervision order and in respect of whom they are the implementation authority (within the meaning of the Children's Hearings (Scotland) Act 2011);

b

subsection (6)(c) is repealed,

c

in subsection (6)(d), for “such responsibilities” substitute “ responsibilities as respects the child ”.

I25

In section 19 (local authority plans for services for children)—

a

in subsection (2), after paragraph (a) insert—

aa

the Children's Hearings (Scotland) Act 2011;

b

in subsection (5)—

i

in paragraph (c), the words “appointed under section 127 of the Local Government etc. (Scotland) Act 1994” are repealed,

ii

for paragraph (d) substitute—

d

the National Convener of Children's Hearings Scotland;

I26

In section 33 (effect of orders etc. made in different parts of the United Kingdom)—

a

in subsection (1)—

i

the words “or to a supervision requirement” are repealed,

ii

the words “or, as the case may be, as if it were a supervision requirement” are repealed,

b

in subsection (2)—

i

paragraph (b) is repealed,

ii

in the full-out, the words “or requirement” are repealed,

c

subsection (4) is repealed,

d

in subsection (5)(b), the words “or to a supervision requirement” are repealed,

e

in subsection (5)(c), the words “or to a supervision requirement” are repealed.

I27

In section 38(4) (limited disapplication of certain enactments while child being provided with refuge), for “section 83 of this Act” substitute “ section 171 of the Children's Hearings (Scotland) Act 2011 ”.

I1I48

In section 75 (powers in relation to secure accommodation)—

a

in subsection (1)(b), for “supervision requirement” substitute “ compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance (all within the meaning of the Children's Hearings (Scotland) Act 2011) ”,

b

after subsection (2) insert—

2A

In subsection (2), “relevant person” has the meaning given by section 200 of the Children's Hearings (Scotland) Act 2011 and includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act.

c

for subsection (4) substitute—

4

A child may not be kept in secure accommodation by virtue of regulations made under this section for a period exceeding 66 days from the day when the child was first taken to the secure accommodation.

I29

In section 76(8) (making of child protection order instead of exclusion order)—

a

in paragraph (b), for “section 57 of this Act” substitute “ Part 5 of the Children's Hearings (Scotland) Act 2011 ”,

b

in the full-out—

i

for “an order under that section” substitute “ a child protection order ”,

ii

after “that” insert “ Part ”.

I310

In section 93(1) (interpretation), in the definition of “children's hearing”, for “section 39(3); but does not include a business meeting arranged under section 64, of this Act” substitute “ section 5 of the Children's Hearings (Scotland) Act 2011 ”.

I211

In section 93(2)(b) (meaning of “child”), for the definition of “child” substitute—

“child” means—

i

in relation to section 75, a person under the age of 18 years,

ii

in relation to any other section, a person under the age of 16 years;