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47.—(1) Where an order made in England and Wales or Northern Ireland has effect as if it were a compulsory supervision order by virtue of Part 15 of these Regulations, the provisions of the Act apply, subject to the modifications specified in paragraph (2), in relation to that order.
(2) The modifications are that—
(a)a reference to an implementation authority is to be read as if—
(i)where regulation 43 applies, it were a reference to the host local authority referred to in regulation 43(1)(c),
(ii)where regulation 44 applies, it were a reference to the host local authority referred to in regulation 44(1)(b),
(iii)where regulation 45 applies, it were a reference to the host local authority referred to in regulation 45(1)(c),
(iv)where regulation 46 applies, it were a reference to the host local authority referred to in regulation 46(1)(b),
(b)section 131(2) (duty of implementation authority to require review) applies as if after paragraph (e), there were inserted—
“(f)the authority becomes aware that the child is subject to a compulsory supervision order by virtue of Part 15 of the Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026,”,
(c)section 137 (duty to arrange children’s hearing) applies as if after subsection (3) there were inserted—
“(3A) If the review is initiated under section 131(2)(f) the children’s hearing must be arranged to take place no later than 20 working days after notice is given to the Principal Reporter under section 131(1).”,
(d)section 199 (meaning of “child”) applies as if there were substituted—
199. In this Act, “child” means a person who is under the age of 18 years.”.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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