The Children’s Hearings (Scotland) Act 2011 (Child Protection Emergency Measures) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision concerning the duties of any person removing a child to, or keeping a child in, a place of safety under the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”). Regulations 3 to 9 make provision in respect of an order made by a justice of the peace under section 55 of the 2011 Act and regulations 10 to 14 make provision in respect of a constable’s power to remove a child under section 56 of the 2011 Act.

Regulation 3 requires that an order made by a justice of the peace under section 55(2) of the 2011 Act (authorising the removing of a child to, or keeping of a child in, a place of safety) is implemented as soon as practicable (under section 55(4) of the 2011 Act any such order requires to be implemented within 12 hours failing which it ceases to have effect).

Regulations 4, 5 and 6 make provision in connection with the sharing of information with, or withholding of information from, certain persons following implementation of a justice of the peace order.

Regulation 7 requires that the justice of the peace and certain other persons are informed when an order made by the justice of the peace is not implemented.

Where the applicant for a justice of the peace order is not also the person specified to implement the order, and under section 55(6) of the 2011 Act the Principal Reporter has terminated the order (by giving notice of such to the applicant), regulation 8 requires the Principal Reporter to inform the specified person that the order has been terminated.

Regulation 9(1) provides that the person implementing the justice of the peace order is to regard the need to safeguard the welfare of the child as the paramount consideration.

Regulation 9(2) makes provision in connection with information to be shared with the child on implementation of a justice of the peace order.

Regulation 9(3) makes provision in connection with contact with a child following implementation of a justice of the peace order.

Regulations 10, 11 and 12 make provision in connection with the sharing of information with, or withholding of information from, certain persons following removal of a child to a place of safety by a constable.

Regulation 13 provides that a constable may only continue to keep a child in a place of safety where satisfied of the matters mentioned in section 39(2)(a) of the 2011 Act (including that the child is suffering from or is likely to suffer significant harm) and that it is necessary to keep the child in a place of safety to protect the child from such harm or from further harm.

Regulation 14(1) provides that after the removal of a child to a place of safety by a constable, the constable must regard the need to safeguard the welfare of the child as the paramount consideration.

Regulation 14(2) makes provision in connection with information to be shared with the child removed to a place of safety by a constable.

Regulation 14(3) makes provision in connection with contact with a child following their removal to a place of safety by a constable.