Search Legislation

Children (Care and Justice) (Scotland) Act 2024

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 8

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Children (Care and Justice) (Scotland) Act 2024, Section 8 is up to date with all changes known to be in force on or before 19 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Prospective

8Provision of information to person affected by child's offence or behaviourS

(1)The 2011 Act is amended as follows.

(2)In section 179A (request for information by person affected by child's offence or behaviour)—

(a)in subsection (5)—

(i)at the beginning insert “Subject to subsections (5A) and (5B),”,

(ii)for “may” substitute “must, so far as reasonably practicable,”,

(b)after that subsection insert—

(5A)The Principal Reporter may, where a person mentioned in subsection (4)(a) or (b) is a child, inform any relevant person in relation to the child, as well as, or instead of, the child, of the relevant person’s right to request information under subsection (3).

(5B)The Principal Reporter need not inform a person mentioned in subsection (4)(a), (b) or (c) of the person’s right to request information under subsection (3)—

(a)if the person has indicated (whether to the Principal Reporter or otherwise) that they do not wish to exercise that right,

(b)if satisfied that doing so would be detrimental to the best interests of—

(i)the child mentioned in subsection (1),

(ii)where the person mentioned in subsection (4)(a) or (b) is a child, that child, or

(iii)any other child, or

(c)if satisfied, having regard to the factors mentioned in section 179C(2), that it would be inappropriate in the circumstances of the case to do so..

(3)In section 179B (information to which section 179A applies)—

(a)in subsection (1)—

(i)in paragraph (a)(i), for “subsection (2)(a)” substitute “subsection (2)”,

(ii)in paragraph (a)(ii), for “subsection (2)(b)” substitute “subsection (3) and the further information mentioned in subsection (4)”,

(iii)in paragraph (b), for “subsection (2)(b)” substitute “subsection (3) and the further information mentioned in subsection (4)”,

(b)for subsection (2) substitute—

(2)The information referred to in subsection (1)(a)(i) is information as to—

(a)what determination the Principal Reporter made under section 66(2), and

(b)any other action taken by the Principal Reporter (under section 68(5) or otherwise).,

(c)after subsection (2) insert—

(3)The information referred to in subsection (1)(a)(ii) and (b) is—

(a)information as to whether a compulsory supervision order has been made in respect of the child or, as the case may be, whether a compulsory supervision order which is already in force in respect of the child has been terminated, varied or continued,

(b)where such an order has been made or, as the case may be, varied or continued, information as to—

(i)whether a measure has been included in the order which prohibits the child from approaching, communicating with, attempting to approach or communicate with or otherwise contacting the person who made the request or, where that person is a relevant person, the child in relation to whom that person is a relevant person,

(ii)whether a secure accommodation authorisation has been included in the order,

(c)information as to how the referral to the children’s hearing was otherwise discharged,

(d)other information necessary to assist safety planning by or in relation to the person who made the request or, where the person is a relevant person, the child in relation to whom that person is a relevant person.

(4)The further information referred to in subsection (1)(a)(ii) and (b) is—

(a)where a compulsory supervision order has been made in respect of the child, or such an order which is already in force in respect of the child has been varied or continued—

(i)information as to whether the order is subsequently varied or continued to include, vary or remove a measure such as is mentioned in subsection (3)(b)(i) or (ii),

(ii)information as to whether the order is subsequently terminated,

(b)where other changes relating to the child’s case occur, information necessary to assist safety planning by or in relation to the person who made the request or, where the person is a relevant person, the child in relation to whom that person is a relevant person.

(5)In this section, “communicating with” has the meaning given by section 83(8).

(6)In this section and in section 179C, references to a compulsory supervision order include references to an interim compulsory supervision order..

(4)In section 179C (decision by Principal Reporter following request under section 179A)—

(a)in subsection (1)(a), for “the child mentioned in section 179A(1) (or any other child),” substitute “—

(i)the child mentioned in section 179A(1),

(ii)where a person mentioned in section 179A(4)(a) or (b) is a child, that child, or

(iii)any other child,,

(b)after subsection (3) insert—

(4)But subsection (3) does not prohibit the Principal Reporter, when providing information that a compulsory supervision order includes a measure mentioned in section 179B(3)(b)(i), from providing information about the details of the measure in so far as they relate to the person who made the request or, where that person is a relevant person, the child in relation to whom that person is a relevant person..

Commencement Information

I1S. 8 not in force at Royal Assent, see s. 38(3)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources