Part 5Child assessment and child protection orders

Variation or termination of order by sheriff

48Application for variation or termination

1

An application may be made by any of the following persons to the sheriff to vary a child protection order—

a

the child in respect of whom the order is made,

b

a relevant person in relation to the child,

c

a person not falling within paragraph (b) who has (or recently had) a significant involvement in the upbringing of the child,

d

the person who applied for the child protection order,

e

the person specified in the child protection order under section 37(2)(a),

f

the Principal Reporter,

g

any other person prescribed by rules of court.

2

An application may be made by any of the persons mentioned in subsection (1)(a) to (g) (other than the Principal Reporter) to the sheriff to terminate a child protection order.

3

An application under this section may be made only—

a

before the commencement of a children’s hearing arranged under section 45 or 46, or

b

if the children’s hearing arranged under section 45 or 46 continues the child protection order (with or without variation), within 2 working days after the day on which the child protection order is continued.