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Children’s Hearings (Scotland) Act 2011

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    Commentary on Sections

    Part 5 – Child Assessment and Child Protection Orders

    Variation or termination of order by sheriff

    Section 51 – Determination by sheriff

    53.This section relates to the sheriff’s determination of an application under section 48. It stipulates that the sheriff must provide an opportunity for the persons listed in subsection (2) to make representations before the sheriff makes a determination. Subsections (3) and (4) set out the timescale for determination of the application and provide for the order to cease if the application is not determined within three working days. Subsection (5) provides that the sheriff may terminate, vary or confirm the child protection order. Any termination has immediate effect.

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