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Children (Scotland) Act 2020

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30Delay in proceedings likely to prejudice child’s welfare

This section has no associated Explanatory Notes

(1)The Children (Scotland) Act 1995 is modified by subsections (2) and (3).

(2)In section 11ZA (paramountcy of child’s welfare, and the non-intervention presumption) (which is inserted by section 1(4) of this Act), after subsection (2) insert—

“(2A)When considering the child’s welfare, the court is to have regard to any risk of prejudice to the child’s welfare that delay in proceedings would pose.”.

(3)In section 16 (welfare of child and consideration of his views), after subsection (1) insert—

“(1A)When considering the child’s welfare, the court is to have regard to any risk of prejudice to the child’s welfare that delay in proceedings would pose.”.

(4)The Adoption and Children (Scotland) Act 2007 is modified by subsection (5).

(5)In section 14 (considerations applying to the exercise of powers), after subsection (3) insert—

“(3A)When considering the child’s welfare, the court is to have regard to any risk of prejudice to the child’s welfare that delay in proceedings would pose.”.

(6)The Children’s Hearings (Scotland) Act 2011 is modified by subsection (7).

(7)In section 25 (welfare of the child), after subsection (2) insert—

“(3)The children’s hearing, pre-hearing panel or court is to have regard to any risk of prejudice to the child’s welfare that delay in proceedings would pose.”.

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