The Children (Reciprocal Enforcement of Prescribed Orders etc. (England and Wales and Northern Ireland)) (Scotland) Regulations 1996

Transfer of supervision requirements etc from Scotland to England and Wales

4.—(1) The supervision requirements as described and listed 1 to 5 in column 1 of Schedule 4 and a parental responsibilities order as described and listed as 6 in that column of that Schedule (appearing to the Secretary of State as generally corresponding in effect to those orders as described and listed with the corresponding numbers respectively in column 2 of that Schedule) shall in the circumstances described in paragraphs (2) and (3) have effect for all the purposes of the 1989 Act or the 1969 Act (depending under which of these enactments the corresponding England or Wales order is made) as if they were orders under the enactment under which the corresponding England or Wales order is made placing the child in question in the care of or under the supervision or education supervision of the local authority in whose area he is to live.

(2) The circumstances referred to in paragraph (1) are that:–

(a) where a children’s hearing under section 73(9) of the Act, following a notification under section 73(7) of the Act that it is proposed to move a child to England or Wales (or the child has already been so moved without notification), continues a supervision requirement with or without variation or insertion and the Principal Reporter has notified the local authority in England or Wales under whose care, supervision or education supervision and in whose area it is proposed the child will reside; or

(b) where a child is subject to a parental responsibilities order, the local authority with responsibility for the child has notified the local authority in England or Wales under whose care order and in whose area it is proposed the child will reside.

(3) The circumstances referred to in paragraph (1) are that the local authority in England or Wales, under whose care, supervision or education supervision and in whose area it is proposed the child will reside, has consented to the proposed transfer in writing through the Principal Reporter in the case of a supervision requirement, or, in the case of a parental responsibilities order, directly to the local authority in Scotland in whose area the child has resided and in respect of whom the supervision requirement or parental responsibilities order has been made.

(4) The supervision requirements and parental responsibilities order referred to in paragraph (1) shall cease to have effect for the purposes of the law of Scotland in the circumstances prescribed in paragraphs (2) and (3).