190Effect of orders made outwith ScotlandS
(1)The Scottish Ministers may by regulations make provision for a specified non-Scottish order which appears to them to correspond to a compulsory supervision order to have effect [F1in Scotland].
[F2(2)Regulations under subsection (1) may in particular—
(a)provide that a non-Scottish order is to have such effect only—
(i)in specified circumstances,
(ii)for specified purposes,
(iii)subject to specified conditions,
(b)provide that a non-Scottish order is—
(i)to have effect as if it were a compulsory supervision order, or
(ii)to have such other effect as may be specified,
(c)include provision—
(i)requiring specified persons to provide or share specified information,
(ii)requiring specified persons to provide, or make arrangements for the provision of, any services which are needed to support a child who is the subject of a non-Scottish order,
(iii)requiring specified persons to meet the costs incurred in relation to, or as a consequence of, giving effect to a non-Scottish order in Scotland,
(iv)in connection with the safeguarding and promotion of the welfare of a child who is the subject of a non-Scottish order,
(d)make provision for or in connection with—
(i)the monitoring of whether any condition specified by virtue of paragraph (a)(iii) is being met in relation to a non-Scottish order,
(ii)the consequences of such a specified condition not being met,
(iii)the monitoring of whether any requirement imposed is being complied with in relation to a non-Scottish order (where compliance with the requirement is not a condition specified by virtue of paragraph (a)(iii)),
(iv)the consequences of failing to comply with such a requirement.
(2A)Regulations under subsection (1)—
(a)may modify any enactment in its application by virtue of the regulations to a non-Scottish order, including—
(i)the Social Work (Scotland) Act 1968,
(ii)the Children (Scotland) Act 1995,
(iii)this Act,
(b)are subject to the affirmative procedure.]
(3)In this section—
“non-Scottish order” means an order made by a court in England and Wales or in Northern Ireland,
“specified” means specified in the regulations.
Textual Amendments
F1Words in s. 190(1) substituted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(a), 38(3); S.S.I. 2025/115, reg. 2(2)(c)
F2S. 190(2)(2A) substituted for s. 190(2) (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(b), 38(3); S.S.I. 2025/115, reg. 2(2)(c)
Commencement Information
I1S. 190 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3