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Coronavirus (Scotland) Act 2020

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Maximum period for which compulsory supervision order has effectS

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

(2)Section 83 (meaning of “compulsory supervision order”) has effect as if—

(a)in subsection (7), after paragraph (b) there were inserted—

(c)where the order has, by virtue of subsection (7A), not ceased to have effect under paragraph (a)(i) or (b)(i), whichever of the following first occurs—

(i)the day 6 months after the day on which the order would, but for subsection (7A), have ceased to have effect,

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

(b)after that subsection there were inserted—

(7A)An order is not to cease to have effect under subsection (7)(a)(i) or, as the case may be, (b)(i) if, at the time when the order would (but for this subsection) cease to have effect, a children's hearing to review the order—

(a)has not been arranged under section 137(2), or

(b)has been arranged under that section but a children's hearing has not yet made a decision under section 138(3) in relation to the review..

(3)Section 133 (Principal Reporter's duty to initiate review) has effect as if—

(a)the existing text were subsection (1),

(b)in that subsection—

(i)in paragraph (a), for “the order will expire within” there were substituted “ the original expiry date of the order falls within the next ”,

(ii)in paragraph (b), for “it expires” there were substituted “ the original expiry date ”,

(c)after that subsection there were inserted—

(2)Where a compulsory supervision order would, but for section 83(7A), cease to have effect on the original expiry date, the Principal Reporter must initiate a review of the order as soon as practicable after the original expiry date (unless the order will otherwise be reviewed before the order ceases to have effect under section 83(7)(c)).

(3)In this section, the “original expiry date” is the date on which the compulsory supervision order would, but for section 83(7A), cease to have effect..

(4)The modifications in sub-paragraphs (2) and (3) apply in relation to—

(a)a compulsory supervision order which is in effect on the day before this paragraph comes into force, and

(b)a compulsory supervision order made on or after the day on which this paragraph comes into force.

(5)In sub-paragraph (4), “compulsory supervision order” has the meaning given by section 202 of the 2011 Act.

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