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Coronavirus (Scotland) Act 2020

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Maximum period for which interim compulsory supervision order or interim variation of compulsory supervision order has effect

This section has no associated Explanatory Notes

4(1)The Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) applies in accordance with the modifications in sub-paragraphs (2) and (3).

(2)Section 86(3) (period for which interim compulsory supervision order has effect) has effect as if—

(a)in paragraph (d), for the words from “the period” to the end there were substituted “whichever is the longer of—

(i)the period of 44 days beginning on the day on which the order is made, or

(ii)where the order is made by a sheriff, such other period of days beginning on that day as the sheriff may specify,”,

(b)in paragraph (e), for the words from “the period” to the end there were substituted “whichever is the longer of—

(i)the period of 44 days beginning on the day on which the order is extended, or

(ii)such other period of days beginning on that day as the sheriff may specify.”.

(3)Section 140(4) (period for which interim variation of compulsory supervision order has effect) has effect as if in paragraph (d) for the words from “the period” to the end there were substituted “whichever is the longer of—

(i)the period of 44 days beginning on the day on which the order is varied, or

(ii)where the order is made by a sheriff, such other period of days beginning on that day as the sheriff may specify.”.

(4)The—

(a)modifications in sub-paragraph (2)—

(i)do not apply in relation to interim compulsory supervision orders made or extended (or extended and varied) before the day on which that sub-paragraph comes into force,

(ii)do apply in relation to interim compulsory supervision orders made before that day but extended (or extended or varied) on or after that day,

(b)modification in sub-paragraph (3) does not apply in relation to interim variations of compulsory supervision orders where the variations were made before the day on which that sub-paragraph comes into force.

(5)In sub-paragraph (4), “compulsory supervision order”, “interim compulsory supervision order” and “interim variation” have the meanings given by section 202 of the 2011 Act.

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