Period within which children’s hearing must be heard in certain cases
66.Section 109(7) of the 2011 Act provides that where a sheriff makes an interim compulsory supervision order under section 109(3) or (5), specifying that the child is to reside at a place of safety, a children’s hearing must be arranged to take place no later than the third day after the day on which the child begins to reside at the place of safety.
67.Section 143 of the 2011 Act provides that where a child is residing at a particular place, because of a requirement for them to do so in a compulsory supervision order, the chief social work officer may transfer the child to another place if it is in the interests of the child or another child in the place that the child is being moved out of. Section 137(3) of the 2011 Act provides that where a child is transferred in this way, a children’s hearing must be arranged to take place before the expiry of 3 working days, beginning with the day on which the child was transferred.
68.Paragraph 5(2) of schedule 3 of the Act modifies the time limit in section 109(7) of the 2011 Act to 7 days, instead of 3 days.
69.Paragraph 5(3) modifies the time limit in section 137(3) of the 2011 Act to 7 working days, instead of 3 working days.
70.Paragraph 5(4) provides that the modifications in paragraph 5(2) and (3) do not apply in relation to an interim compulsory supervision order (as defined in paragraph 5(5) by reference to the 2011 Act) made the day before those modifications come into force or in relation to the transfer of a child before that date.
