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Children’s Hearings (Scotland) Act 2011

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    Commentary on Sections

    Part 5 – Child Assessment and Child Protection Orders

    Variation or termination of order by sheriff

    Section 48 – Application for variation or termination

    50.This section relates to an application to the sheriff to vary or terminate a child protection order. Subsection (1) sets out the persons eligible to seek a variation of a child protection order and subsection (2) sets out the persons eligible to apply for the termination of a child protection order. The Principal Reporter cannot apply for a termination. Subsection (3) provides that an application to the sheriff can only be made before a Children’s Hearing arranged under section 45 or 46 is commenced or if the order was continued by a Children’s Hearing arranged under section 45 or 46 within 2 working days from the continuation of the order.

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