Children (Scotland) Act 1995

Changes over time for: Section 93

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Children (Scotland) Act 1995, Section 93 is up to date with all changes known to be in force on or before 24 April 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.

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

Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This amendment not applied to legislation.gov.uk. These Regulations never came into effect, having been revoked before coming into force by S.I. 2010/1906, reg. 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 3(3A)(ba) inserted by 2009 c. 24 Sch. 6 para. 25
s. 4B inserted by 2020 asp 16 s. 28(2)
s. 6(1A)-(1D) inserted by 2020 asp 16 s. 1(2)(b)
s. 10(1A) inserted by 2024 asp 2 Sch. 1 para. 18(b)
s. 11(14) inserted by 2020 asp 16 s. 10(2)(b)
s. 11B 11C inserted by 2020 asp 16 s. 8(2)
s. 11B(2) power to amend conferred by 2020 asp 16 s. 32
s. 11D inserted by 2020 asp 16 s. 17(2)
s. 11D(3) power to amend conferred by 2020 asp 16 s. 32
s. 11E inserted by 2020 asp 16 s. 18(2)
s. 11F inserted by 2020 asp 16 s. 20(2)
s. 11G inserted by 2020 asp 16 s. 22(2)
s. 11ZA 11ZB inserted by 2020 asp 16 s. 1(4)
s. 11ZA(2A) inserted by 2020 asp 16 s. 30(2)
s. 11ZA(3)(f) inserted by 2020 asp 16 s. 16(2)
s. 16(1A) inserted by 2020 asp 16 s. 30(3)
s. 16(2)-(2B) substituted for s. 16(2) by 2020 asp 16 s. 1(6)
s. 100A inserted by 2020 asp 16 s. 21(2)
s. 101D inserted by 2020 asp 16 s. 11(2)
s. 101E inserted by 2020 asp 16 s. 12(2)

93 Interpretation of Part II.U.K.

(1)In this Part of this Act, unless the context otherwise requires,—

“accommodation” shall be construed in accordance with section 25(8) of this Act;
F1 F2...
F1 F2...
F1 F2...
“children’s hearing” shall be construed in accordance with F3[F4section 5 of the Children's Hearings (Scotland) Act 2011];
F1 F2...
“constable” means a constable of [F5the Police Service of Scotland];
“contact order” has the meaning given by section 11(2)(d) of this Act;
“disabled” has the meaning given by section 23(2) of this Act;
F1 F2...
“exclusion order” has the meaning given by section 76(12) of this Act;
“family”, in relation to a child, includes—
(a)
any person who has parental responsibility for the child; and
(b)
any other person with whom the child has been living;
“local authority” means a council constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994;
F1 F2...
“parental responsibilities” has the meaning given by section 1(3) of this Act;
F6. . .
“parental rights” has the meaning given by section 2(4) of this Act;
F1 F2...
F1 F2...
F1 F2...
“residence order” has the meaning given by section 11(2)(c) of this Act;
“residential establishment”—
(a)
in relation to a place in Scotland, means an establishment (whether managed by a local authority, by a voluntary organisation or by any other person) which provides residential accommodation for children for the purposes of this Act or the M2Social Work (Scotland) Act 1968; [F7or the Children’s Hearings (Scotland) Act 2011;]
(b)
in relation to a place in England and Wales, means a community home, voluntary home or [F8private] children’s home (within the meaning of the Children Act 1989); and
(c)
in relation to a place in Northern Ireland, means
(i)
[F9a private children’s home within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755),
(ii)
an authority home provided under Part VII of that Order, or
(iii)
a voluntary home provided under Part VIII of that Order,]
“school age” shall be construed in accordance with section 31 of the M3Education (Scotland) Act 1980;
“secure accommodation” means accommodation provided [F10for the purpose of restricting the liberty of children which—
(a)
in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (asp 8),
(b)
in England, is provided in a children’s home (within the meaning of the Care Standards Act 2000 (c.14) (“the 2000 Act”)) in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43), “secure accommodation” means accommodation in relation to England which—
(i)
is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act, and
(ii)
is approved by the Secretary of State for the purpose of restricting the liberty of children,
(c)
in Wales, is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act,]
F2...
“voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit; and
F2...

(2)For the purposes of—

(a)Chapter 1 and this Chapter (except this section) of this Part F11[F12and section 44], “child” means a person under the age of eighteen years; and

(b)F13[F14Chapter 2 (except section 44) and Chapter] 3 F15... of this Part—

[F16“child” means—
(i)
a child who has not attained the age of sixteen years;
(ii)
a child over the age of sixteen years who has not attained the age of eighteen years and in respect of whom a supervision requirement is in force; or
(iii)
a child whose case has been referred to a children’s hearing by virtue of section 33 of this Act;
and for the purposes of the application of those Chapters to a person who has failed to attend school regularly without reasonable excuse includes a person who is over sixteen years of age but is not over school age; and]
[F16“child” means—
(i)
in relation to section 75, a person under the age of 18 years,
(ii)
in relation to any other section, a person under the age of 16 years;]
F17 F18...

(3)Where, in the course of any proceedings under Chapter 2 or 3 of this Part, a child ceases to be a child within the meaning of subsection (2) above the provisions of those Chapters of this Part and of any statutory instrument made under those provisions, shall continue to apply to him as if he had not so ceased to be a child.

(4)Any reference in this Part of this Act to a child—

(a)being “in need”, is to his being in need of care and attention because—

(i)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless there are provided for him, under or by virtue of this Part, services by a local authority;

(ii)his health or development is likely significantly to be impaired, or further impaired, unless such services are so provided;

(iii)he is disabled; or

(iv)he is affected adversely by the disability of any other person in his family;

(b)who is “looked after” by a local authority, shall be construed in accordance with section 17(6) of this Act.

(5)Any reference to any proceedings under this Part of this Act, whether on an application or on appeal, being heard by the sheriff, shall be construed as a reference to such proceedings being heard by the sheriff in chambers.

Textual Amendments

F1Words in s. 93(1) repealed (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 2 Pt. 2

F2Words in s. 93(1) repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186); S.S.I. 2013/195, arts. 2, 3

F3Words in s. 93(1) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 2 Pt. 1

F4Words in s. 93(1) substituted (24.6.2013 for specified purposes) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(10) (with s. 186); S.S.I. 2013/195, arts. 2, 3(d)

F5Words in s. 93(1) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 11(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6S. 93(1): definition of "parental responsibility order" repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(2), 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21)

F7Words in s. 93(1) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 5

F8Word in the definition of "residential establishment" in s. 93 substituted (1.4.2002 for E. and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 23(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4)

F9Words in s. 93(1) substituted (S.) (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 9(4)(a)

F10Words in s. 93(1) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 9(4)(b)

F11Words in s. 93(2)(a) inserted (E.W.N.I.) (30.9.2015) by The Children and Young People (Scotland) Act 2014 (Consequential and Saving Provisions) Order 2015 (S.I. 2015/907), arts. 1(3), 2(3)(a) (with art. 4)

F12Words in s. 93(2)(a) inserted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 52(b)(i), 89; S.S.I. 2003/288, art. 2, Sch.

F13Words in s. 93(2)(b) substituted (E.W.N.I.) (30.9.2015) by The Children and Young People (Scotland) Act 2014 (Consequential and Saving Provisions) Order 2015 (S.I. 2015/907), arts. 1(3), 2(3)(b) (with art. 4)

F14Words in s. 93(2)(b) substituted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 52(b)(ii), 89; S.S.I. 2003/288, art. 2, Sch.

F15Words in s. 93(2)(b) repealed (S.) (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 2

F16Words in s. 93(2)(b) substituted (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(11) (with s. 186); S.S.I. 2013/195, arts. 2, 3

F17Words in s. 93(2)(b) repealed (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 2 Pt. 2

F18Words in s. 93(2)(b) repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

C1S. 93(1): saving for effect of 2011 asp 1, sch. 6 (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), arts. 1(2), 4(6)