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Children (Scotland) Act 2020

Detailed provisions

Delay in proceedings likely to prejudice child’s welfare

109.Section 30 requires the court, when considering the child’s welfare, to consider whether any delay in proceedings would negatively affect the child’s welfare. The section does not prescribe the length of delay that would have a negative effect on the child’s welfare, as this would vary from case to case.

110.This section applies where the court is considering the child’s welfare. This can be as part of a decision about an order under section 11 of the 1995 Act; under section 16 of the 1995 Act; in relation to adoption cases under section 14 of the 2007 Act; and for children’s hearings or children’s hearings court proceedings under section 25 of the 2011 Act.

111.In relation to children’s hearings this section works in conjunction with the existing statutory deadlines.

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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.


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