Search Legislation

Children's Hearings (Scotland) Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 83

 Help about opening options

Changes to legislation:

Children's Hearings (Scotland) Act 2011, Section 83 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

83Meaning of “compulsory supervision order”S

This section has no associated Explanatory Notes

(1)In this Act, “compulsory supervision order”, in relation to a child, means an order—

(a)including any of the measures mentioned in subsection (2),

(b)specifying a local authority which is to be responsible for giving effect to the measures included in the order (the “implementation authority”), and

(c)having effect for the relevant period.

(2)The measures are—

(a)a requirement that the child reside at a specified place,

(b)a direction authorising the person who is in charge of a place specified under paragraph (a) to restrict the child's liberty to the extent that the person considers appropriate having regard to the measures included in the order,

(c)a prohibition on the disclosure (whether directly or indirectly) of a place specified under paragraph (a),

(d)a movement restriction condition,

(e)a secure accommodation authorisation,

(f)subject to section 186, a requirement that the implementation authority arrange—

(i)a specified medical or other examination of the child, or

(ii)specified medical or other treatment for the child,

(g)a direction regulating contact between the child and a specified person or class of person,

(h)a requirement that the child comply with any other specified condition,

(i)a requirement that the implementation authority carry out specified duties in relation to the child.

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A compulsory supervision order may include a movement restriction condition only if—

(a)one or more of the conditions mentioned in subsection (6) applies, and

(b)the children's hearing or, as the case may be, the sheriff is satisfied that it is necessary to include a movement restriction condition in the order.

(5)A compulsory supervision order may include a secure accommodation authorisation only if—

(a)the order contains a requirement of the type mentioned in subsection (2)(a) which requires the child to reside at—

(i)a residential establishment which contains both secure accommodation and accommodation which is not secure accommodation, or

(ii)two or more residential establishments, one of which contains accommodation which is not secure accommodation,

(b)one or more of the conditions mentioned in subsection (6) applies, and

(c)having considered the other options available (including a movement restriction condition) the children's hearing or, as the case may be, the sheriff is satisfied that it is necessary to include a secure accommodation authorisation in the order.

(6)The conditions are—

(a)that the child has previously absconded and is likely to abscond again and, if the child were to abscond, it is likely that the child's physical, mental or moral welfare would be at risk,

(b)that the child is likely to engage in self-harming conduct,

(c)that the child is likely to cause injury to another person.

(7)In subsection (1), “relevant period” means the period beginning with the making of the order and ending with—

(a)where the order has not been continued, whichever of the following first occurs—

(i)the day one year after the day on which the order is made,

(ii)the day on which the child attains the age of 18 years,

(b)where the order has been continued, whichever of the following first occurs—

(i)the end of the period for which the order was last continued,

(ii)the day on which the child attains the age of 18 years.

(8)In subsection (2)—

  • medical” includes psychological,

  • specified” means specified in the order.

Textual Amendments

Commencement Information

I1S. 83 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources