Children (Scotland) Act 1995
Subject to section 3(1)(b) , and (d) and (3) of this Act, a parent has in relation to his child the responsibility— but only in so far as compliance with this section is practicable and in the interests of the child.
to safeguard and promote the child’s health, development and welfare;
to provide, in a manner appropriate to the stage of development of the child— to the child;
direction;
guidance,
if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and
to act as the child’s legal representative,
“Child” means for the purposes of—
paragraphs (a), (b)(i), (c) and (d) of subsection (1) above, a person under the age of sixteen years;
paragraph (b)(ii) of that subsection, a person under the age of eighteen years.
The responsibilities mentioned in paragraphs (a) to (d) of subsection (1) above are in this Act referred to as “parental responsibilities”; and the child, or any person acting on his behalf, shall have title to sue, or to defend, in any proceedings as respects those responsibilities.
The parental responsibilities supersede any analogous duties imposed on a parent at common law; but this section is without prejudice to any other duty so imposed on him or to any duty imposed on him by, under or by virtue of any other provision of this Act or of any other enactment.
Subject to section 3(1)(b) , and (d) and (3) of this Act, a parent, in order to enable him to fulfil his parental responsibilities in relation to his child, has the right—
to have the child living with him or otherwise to regulate the child’s residence;
to control, direct or guide, in a manner appropriate to the stage of development of the child, the child’s upbringing;
if the child is not living with him, to maintain personal relations and direct contact with the child on a regular basis; and
to act as the child’s legal representative.
Subject to subsection (3) below, where two or more persons have a parental right as respects a child, each of them may exercise that right without the consent of the other or, as the case may be, of any of the others, unless any decree or deed conferring the right, or regulating its exercise, otherwise provides.
Without prejudice to any court order, no person shall be entitled to remove a child habitually resident in Scotland from, or to retain any such child outwith, the United Kingdom without the consent of a person described in subsection (6) below.
The rights mentioned in paragraphs (a) to (d) of subsection (1) above are in this Act referred to as “parental rights”; and a parent, or any person acting on his behalf, shall have title to sue, or to defend, in any proceedings as respects those rights.
The parental rights supersede any analogous rights enjoyed by a parent at common law; but this section is without prejudice to any other right so enjoyed by him or to any right enjoyed by him by, under or by virtue of any other provision of this Act or of any other enactment.
The description of a person referred to in subsection (3) above is a person (whether or not a parent of the child) who for the time being has and is exercising in relation to him a right mentioned in paragraph (a) or (c) of subsection (1) above; except that, where both the child’s parents are persons so described, the consent required for his removal or retention shall be that of them both.
In this section, “child” means a person under the age of sixteen years.
Notwithstanding section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 (provision for disregarding whether a person’s parents are not, or have not been, married to one another in establishing the legal relationship between him and any other person)—
a child’s mother has parental responsibilities and parental rights in relation to him whether or not she is or has been married to or in a civil partnership with his father; and
without prejudice to any arrangements which may be made under subsection (5) below and subject to any agreement which may be made under section 4 of this Act, his father has such responsibilities and rights in relation to him only if
married to or in a civil partnership with the mother at the time of the child’s conception or subsequently, or
where not married to or in a civil partnership with the mother at that time or subsequently, the father is registered as the child's father under any of the enactments mentioned in subsection (1A).
without prejudice to any arrangements which may be made under subsection (5) below, where a child has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008, that parent has parental responsibilities and parental rights in relation to the child;
without prejudice to any arrangements which may be made under subsection (5) below and subject to any agreement which may be made under section 4A(1) of this Act, where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, that parent has parental responsibilities and parental rights in relation to the child if she is registered as a parent of the child under any of the enactments mentioned in subsection (3A).
For the purposes of subsection (1)(b) above, the father shall be regarded as having been—
married to the mother at any time when he was a party to a purported marriage with her which was—
voidable; or
void but believed by them (whether by error of fact or law) in good faith at that time to be valid;
in a civil partnership with the mother at any time when he was a party to a purported civil partnership with her which was—
voidable; or
void but believed by them (whether by error of fact or law) in good faith at that time to be valid.
Those enactments are—
section 18(1)(a), (b)(i) and (c) and (2)(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49);
sections 10(1)(a) to (e) and 10A(1)(a) to (e) of the Births and Deaths Registration Act 1953 (c. 20); and
article 14(3)(a) to (e) of the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041).
Subsection (1) above is without prejudice to any order made under section 11 of this Act or section 3(1) of the said Act of 1986 (provision analogous to the said section 11 but repealed by this Act) or to any other order, disposal or resolution affecting parental responsibilities or parental rights; and nothing in subsection (1) above or in this Part of this Act shall affect any other— by, under or by virtue of which a person may have imposed on him (or be relieved of) parental responsibilities or may be granted (or be deprived of) parental rights.
enactment (including any other provision of this Act or of that Act); or
rule of law,
The fact that a person has parental responsibilities or parental rights in relation to a child shall not entitle that person to act in any way which would be incompatible with any court order relating to the child or the child’s property, or with any compulsory supervision order or interim compulsory supervision order (as defined in sections 83 and 86 respectively of the Children’s Hearings (Scotland) Act 2011 (asp 1)) that is in force in relation to the child..
Without prejudice to sections 4(1) and 4A(1) of this Act, a person who has parental responsibilities or parental rights in relation to a child shall not abdicate those responsibilities or rights to anyone else but may arrange for some or all of them to be fulfilled or exercised on his behalf; and without prejudice to that generality any such arrangement may be made with a person who already has parental responsibilities or parental rights in relation to the child concerned.
Those enactments are—
paragraphs (a), (b) and (d) of section 18B(1) and section 18B(3)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965;
paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953;
sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.
The making of an arrangement under subsection (5) above shall not affect any liability arising from a failure to fulfil parental responsibilities; and where any arrangements so made are such that the child is a foster child for the purposes of the Foster Children (Scotland) Act 1984, those arrangements are subject to the provisions of that Act.
Where a child’s mother has not been deprived of some or all of the parental responsibilities and parental rights in relation to him and, by virtue of subsection (1)(b) of section 3 of this Act, his father has no parental responsibilities or parental rights in relation to him, the father and mother, whatever age they may be, may by agreement provide that, as from the appropriate date, the father shall have the parental responsibilities and parental rights which (in the absence of any order under section 11 of this Act affecting those responsibilities and rights) he would have if married to the mother.
No agreement under subsection (1) above shall have effect unless—
in a form prescribed by the Secretary of State; and
registered in the Books of Council and Session while the mother still has the parental responsibilities and parental rights which she had when the agreement was made.
The date on which such registration as is mentioned in subsection (2)(b) above takes place shall be the “appropriate date” for the purposes of subsection (1) above.
An agreement which has effect by virtue of subsection (2) above shall, subject only to section 11(11) of this Act, be irrevocable.
Subject to subsection (2) below, it shall be the responsibility of a person who has attained the age of sixteen years and who has care or control of a child under that age, but in relation to him either has no parental responsibilities or parental rights or does not have the parental responsibility mentioned in section 1(1)(a) of this Act, to do what is reasonable in all the circumstances to safeguard the child’s health, development and welfare; and in fulfilling his responsibility under this section the person may in particular, even though he does not have the parental right mentioned in section 2(1)(d) of this Act, give consent to any surgical, medical or dental treatment or procedure where—
the child is not able to give such consent on his own behalf; and
it is not within the knowledge of the person that a parent of the child would refuse to give the consent in question.
Nothing in this section shall apply to a person in so far as he has care or control of a child in a school (“school” having the meaning given by section 135(1) of the Education (Scotland) Act 1980).
Where— the mother and the other parent may by agreement provide that, as from the appropriate date, the other parent shall have the parental responsibilities and rights (in the absence of any order under section 11 of this Act affecting responsibilities and rights) as if the other parent were treated as a parent by virtue of section 42 of that Act of 2008.
a child's mother has not been deprived of some or all of the parental responsibilities and parental rights in relation to the child; and
the child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and that parent is not registered as such under any of the enactments mentioned in section 3(3A),
Section 4(2), (3) and (4) applies in relation to an agreement under subsection (1) of this section as it applies in relation to an agreement under subsection (1) of section 4.
A person shall comply with subsections (1A) and (1D), in reaching any major decision which involves— ....
his fulfilling a parental responsibility or the responsibility mentioned in section 5(1) of this Act; or
his exercising a parental right or giving consent by virtue of that section
A transaction entered into in good faith by a third party and a person acting as legal representative of a child shall not be challengeable on the ground only that the child, or a person with parental responsibilities or parental rights in relation to the child, was not consulted or that due regard was not given to his views before the transaction was entered into.
The person must—
give the child an opportunity to express the child's views in—
the manner that the child prefers, or
a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and
have regard to any views expressed by the child, taking into account the child's age and maturity.
But the person is not required to comply with subsection (1A) if the person is satisfied that—
the child is not capable of forming a view, or
the location of the child is not known.
In considering whether the child is capable of forming a view, the person is to start with the presumption that the child is.
The person must, so far as is practicable, have regard to the views of any other person who has parental responsibilities or parental rights in relation to the child.
A child’s parent may appoint a person to be guardian of the child in the event of the parent’s death; but—
such appointment shall be of no effect unless—
in writing and signed by the parent; and
the parent, at the time of death, was entitled to act as legal representative of the child (or would have been so entitled if he had survived until after the birth of the child); and
any parental responsibilities or parental rights (or the right to appoint a further guardian under this section) which a surviving parent has in relation to the child shall subsist with those which, by, under or by virtue of this Part of this Act, the appointee so has.
A guardian of a child may appoint a person to take his place as guardian in the event of the guardian’s death; but such appointment shall be of no effect unless in writing and signed by the person making it.
An appointment as guardian shall not take effect until accepted, either expressly or impliedly by acts which are not consistent with any other intention.
If two or more persons are appointed as guardians, any one or more of them shall, unless the appointment expressly provides otherwise, be entitled to accept office even if both or all of them do not accept office.
Subject to any order under section 11 or 86 of this Act, a person appointed as a child’s guardian under this section shall have, in respect of the child, the responsibilities imposed, and the rights conferred, on a parent by sections 1 and 2 of this Act respectively; and sections 1 and 2 of this Act shall apply in relation to a guardian as they apply in relation to a parent.
Without prejudice to the generality of subsection (1) of section 6 of this Act, a decision as to the appointment of a guardian under subsection (1) or (2) above shall be regarded for the purposes of that section (or of that section as applied by subsection (5) above) as a major decision which involves exercising a parental right.
An appointment made under section 7(1) or (2) of this Act revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as a result of an express provision in the later appointment or by any necessary implication) that the purpose of the later appointment is to appoint an additional guardian.
Subject to subsections (3) and (4) below, the revocation of an appointment made under section 7(1) or (2) of this Act (including one made in an unrevoked will or codicil) shall not take effect unless the revocation is in writing and is signed by the person making the revocation.
An appointment under section 7(1) or (2) of this Act (other than one made in a will or codicil) is revoked if, with the intention of revoking the appointment, the person who made it—
destroys the document by which it was made; or
has some other person destroy that document in his presence.
For the avoidance of doubt, an appointment made under section 7(1) or (2) of this Act in a will or codicil is revoked if the will or codicil is revoked.
Once an appointment of a guardian has taken effect under section 7 of this Act, then, unless the terms of the appointment provide for earlier termination, it shall terminate only by virtue of—
the child concerned attaining the age of eighteen years;
the death of the child or the guardian; or
the termination of the appointment by a court order under section 11 of this Act.
Subject to section 13 of this Act, this section applies where—
property is owned by or due to a child;
the property is held by a person other than a parent or guardian of the child; and
but for this section, the property would be required to be transferred to a parent having parental responsibilities in relation to the child or to a guardian for administration by that parent or guardian on behalf of the child.
Subject to subsection (4) below, where this section applies and the person holding the property is an executor or trustee, then— apply to the Accountant of Court for a direction as to the administration of the property.
if the value of the property exceeds £20,000, he shall; or
if that value is not less than £5,000 and does not exceed £20,000, he may,
Subject to subsection (4) below, where this section applies and the person holding the property is a person other than an executor or trustee, then, if the value of the property is not less than £5,000, that person may apply to the Accountant of Court for a direction as to the administration of the property.
Where the parent or guardian mentioned in subsection (1)(c) above has been appointed a trustee under a trust deed to administer the property concerned, subsections (2) and (3) above shall not apply, and the person holding the property shall transfer it to the parent or guardian.
On receipt of an application under subsection (2) or (3) above, the Accountant of Court may do one, or (in so far as the context admits) more than one, of the following— to be administered on behalf of the child.
apply to the court for the appointment of a judicial factor (whether or not the parent or guardian mentioned in subsection (1)(c) above) to administer all or part of the property concerned and in the event of the court making such an appointment shall direct that the property, or as the case may be part, concerned be transferred to the factor;
direct that all or part of the property concerned be transferred to himself;
direct that all or, in a case where the parent or guardian so mentioned has not been appointed by virtue of paragraph (a) above, part of the property concerned be transferred to the parent or guardian,
A direction under subsection (5)(c) above may include such conditions as the Accountant of Court considers appropriate, including in particular a condition—
that in relation to the property concerned no capital expenditure shall be incurred without his approval; or
that there shall be exhibited annually to him the securities and bank books which represent the capital of the estate.
A person who has applied under subsection (2) or (3) above for a direction shall not thereafter transfer the property concerned except in accordance with a direction under subsection (5) above.
The Secretary of State may from time to time prescribe a variation in any sum referred to in subsections (2) and (3) above.
In this section “child” means a person under the age of sixteen years who is habitually resident in Scotland.
A person acting as a child’s legal representative in relation to the administration of the child’s property— and subject to subsection (2) below, on ceasing to act as legal representative, shall be liable to account to the child for his intromissions with the child’s property.
shall be required to act as a reasonable and prudent person would act on his own behalf; and
subject to any order made under section 11 of this Act, shall be entitled to do anything which the child, if of full age and capacity, could do in relation to that property;
No liability shall be incurred by virtue of subsection (1) above in respect of funds which have been used in the proper discharge of the person’s responsibility to safeguard and promote the child’s health, development and welfare.
In the relevant circumstances in proceedings in the Court of Session or sheriff court, whether those proceedings are or are not independent of any other action, an order may be made under this subsection in relation to—
parental responsibilities;
parental rights;
guardianship; or
subject to section 14(1) and (2) of this Act, the administration of a child’s property.
The court may make such order under subsection (1) above as it thinks fit; and without prejudice to the generality of that subsection may in particular so make any of the following orders—
an order depriving a person of some or all of his parental responsibilities or parental rights in relation to a child;
an order—
imposing upon a person (provided he is at least sixteen years of age or is a parent of the child) such responsibilities; and
giving that person such rights;
an order regulating the arrangements as to— a child under the age of sixteen years is to live (any such order being known as a “residence order”);
with whom; or
if with different persons alternately or periodically, with whom during what periods,
an order regulating the arrangements for maintaining personal relations and direct contact between a child under that age and a person with whom the child is not, or will not be, living (any such order being known as a “contact order”);
an order regulating any specific question which has arisen, or may arise, in connection with any of the matters mentioned in paragraphs (a) to (d) of subsection (1) of this section (any such order being known as a “specific issue order”);
an interdict prohibiting the taking of any step of a kind specified in the interdict in the fulfillment of parental responsibilities or the exercise of parental rights relating to a child or in the administration of a child’s property;
an order appointing a judicial factor to manage a child’s property or remitting the matter to the Accountant of Court to report on suitable arrangements for the future management of the property; or
an order appointing or removing a person as guardian of the child.
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The relevant circumstances mentioned in subsection (1) above are—
that application for an order under that subsection is made by a person who—
not having, and never having had, parental responsibilities or parental rights in relation to the child, claims an interest;
has parental responsibilities or parental rights in relation to the child;
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that although no application for an order under subsection (1) above has been made, the court (even if it declines to make any other order) considers it should make such an order.
that application for a contact order is made with the leave of the court by a person whose parental responsibilities or parental rights in relation to the child were extinguished on the making of an adoption order;
that application for an order under subsection (1) above ... is made by a person who has had, but for a reason other than is mentioned in subsection (4) below, no longer has, parental responsibilities or parental rights in relation to the child;
The reasons referred to in (3)(ab) above are that the parental responsibilities or parental rights have been—
extinguished on the making of an adoption order; or
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extinguished by virtue of section 55(1) of the Human Fertilisation and Embryology Act 2008 (parental orders: supplementary provision) on the making of a parental order under section 54 or 54A of that Act; . . .
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An order doing any of the things mentioned in subsection (2) is to be regarded as an order in relation to at least one of the matters mentioned in subsection (1).
In subsection (3)(a) and (ab) above “person” includes (without prejudice to the generality of that subsection) the child concerned; but it does not include a local authority.
In subsections (3)(aa) and (4) above— . . . “adoption order” has the meaning given by section 119 of the Adoption and Children (Scotland) Act 2007 (asp 4).
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“parental responsibilities order” has the meaning given by section 86(1) of this Act.
Subject to subsection (8) below, in considering whether or not to make an order under subsection (1) above and what order to make, the court—
shall regard the welfare of the child concerned as its paramount consideration and shall not make any such order unless it considers that it would be better for the child that the order be made than that none should be made at all; and
taking account of the child’s age and maturity, shall so far as practicable—
give him an opportunity to indicate whether he wishes to express his views;
if he does so wish, give him an opportunity to express them; and
have regard to such views as he may express.
The court shall, notwithstanding subsection (7) above, endeavour to ensure that any order which it makes, or any determination by it not to make an order, does not adversely affect the position of a person who has, in good faith and for value, acquired any property of the child concerned, or any right or interest in such property.
Nothing in paragraph (b) of subsection (7) above requires a child to be legally represented, if he does not wish to be, in proceedings in the course of which the court implements that paragraph.
Without prejudice to the generality of paragraph (b) of subsection (7) above, a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view for the purposes both of that paragraph and of subsection (9) above.
In carrying out the duties imposed by subsection (7)(a) above, the court shall have regard in particular to the matters mentioned in subsection (7B) below.
An order under subsection (1) above shall have the effect of depriving a person of a parental responsibility or parental right only in so far as the order expressly so provides and only to the extent necessary to give effect to the order; but in making any such order as is mentioned in paragraph (a) or (b) of subsection (2) above the court may revoke any agreement which, in relation to the child concerned, has effect by virtue of section 4(2) or 4A(2) of this Act.
Those matters are—
the need to protect the child from— which affects, or might affect, the child;
any abuse; or
the risk of any abuse,
the effect such abuse, or the risk of such abuse, might have on the child;
the ability of a person— to care for, or otherwise meet the needs of, the child; and
who has carried out abuse which affects or might affect the child; or
who might carry out such abuse,
the effect any abuse, or the risk of any abuse, might have on the carrying out of responsibilities in connection with the welfare of the child by a person who has (or, by virtue of an order under subsection (1), would have) those responsibilities.
Where the court makes a residence order which requires that a child live with a person who, immediately before the order is made does not have in relation to the child all the parental responsibilities mentioned in paragraphs (a), (b) and (d) of section 1(1), and the parental rights mentioned in paragraphs (b) and (d) of section 2(1), of this Act (those which he does not so have being in this subsection referred to as the “relevant responsibilities and rights”) that person shall, subject to the provisions of the order or of any other order made under subsection (1) above, have the relevant responsibilities and rights while the residence order remains in force.
In subsection (7B) above—
Any reference in this section to an order includes a reference to an interim order or to an order varying or discharging an order.
Where— the court shall consider whether it would be appropriate to make the order.
the court is considering making an order under subsection (1) above; and
in pursuance of the order two or more relevant persons would have to co-operate with one another as respects matters affecting the child,
In subsection (7D) above, “relevant person”, in relation to a child, means—
a person having parental responsibilities or parental rights in respect of the child; or
where a parent of the child does not have parental responsibilities or parental rights in respect of the child, a parent of the child.
In any action for the court shall, where this section applies, consider (in the light of such information as is before the court as to the arrangements which have been, or are proposed to be, made for the upbringing of each child by virtue of which it applies) whether to exercise with respect to him the powers conferred by section 11 of this Act or section 62 of the Children's Hearings (Scotland) Act 2011 .
divorce, judicial separation or declarator of nullity of marriage, or
dissolution or declarator of nullity of a civil partnership or separation of civil partners,
Where, in any case to which this section applies, the court is of the opinion that— it shall postpone its decision on the granting of decree in the action until it is in such a position.
the circumstances of the case require, or are likely to require, it to exercise any power under section 11 of this Act or section 62 of the Children's Hearings (Scotland) Act 2011 with respect to the child concerned;
it is not in a position to exercise that power without giving further consideration to the case; and
there are exceptional circumstances which make it desirable in the interests of that child that it should not grant decree in the action until it is in a position to exercise such a power,
This section applies where a child of the family has not reached the age of sixteen years at the date when the question first arises as to whether the court should give such consideration as is mentioned in subsection (1) above.
In this section “child of the family”, in relation to the parties to a marriage or civil partnership, means a child—
of both of them; or
who has been treated by both of them as a child of their family, not being a child who is placed with them as foster parents by a local authority or voluntary organisation.
Subsection (2) applies where a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4)) is in force in respect of a child.
The court may not, under subsection (1) of section 11 of this Act, make an order such as is mentioned in any of paragraphs (a) to (e) of subsection (2) of that section.
Where in any court proceedings a sum of money becomes payable to, or for the benefit of, a child under the age of sixteen years, the court may make such order relating to the payment and management of the sum for the benefit of the child as it thinks fit.
Without prejudice to the generality of subsection (1) above, the court may in an order under this section—
appoint a judicial factor to invest, apply or otherwise deal with the money for the benefit of the child concerned;
order the money to be paid— to be invested, applied or otherwise dealt with, under the directions of the court, for the benefit of that child; or
to the sheriff clerk or the Accountant of Court; or
to a parent or guardian of that child,
order the money to be paid directly to that child.
Where payment is made to a person in accordance with an order under this section, a receipt given by him shall be a sufficient discharge of the obligation to make the payment.
The Court of Session shall have jurisdiction to entertain an application for an order relating to the administration of a child’s property if the child is habitually resident in, or the property is situated in, Scotland.
A sheriff shall have jurisdiction to entertain such an application if the child is habitually resident in, or the property is situated in, the sheriffdom.
Subject to subsection (4) below, any question arising under this Part of this Act—
concerning— in relation to a child shall, in so far as it is not also a question such as is mentioned in paragraph (b) below, be determined by the law of the place of the child’s habitual residence at the time when the question arises;
parental responsibilities or parental rights; or
the responsibilities or rights of a guardian,
concerning the immediate protection of a child shall be determined by the law of the place where the child is when the question arises; and
as to whether a person is validly appointed or constituted guardian of a child shall be determined by the law of the place of the child’s habitual residence on the date when the appointment was made (the date of death of the testator being taken to be the date of appointment where an appointment was made by will), or the event constituting the guardianship occurred.
Nothing in any provision of law in accordance with which, under subsection (3) above, a question which arises in relation to an application for, or the making of, an order under subsection (1) of section 11 of this Act falls to be determined, shall affect the application of subsection (7) of that section.
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In this Part of this Act—
“family home” means any house, caravan, houseboat or other structure which is used as a family residence and in which the child ordinarily resides with any person described in subsection (13) below and the expression includes any garden or other ground or building attached to and usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure.
Section 39(2).
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the first, and any second or fourth additional member, by the Secretary of State;
any third or fifth additional member, by the local authority.
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to submit names of possible panel members to the Secretary of State;
to advise the Secretary of State, in so far as he requires advice, on the suitability of persons referred to him as potential panel members; and
to advise the Secretary of State on such matters relating to the general administration of the panels as he may refer to them.
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to appoint sub-committees;
to appoint to any such sub-committee a person who is not a member of the Children’s Panel Advisory Committee; and
to refer all or any of the duties set out in paragraph 6 above to any such sub-committee for their advice.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to enable the Children’s Panel Advisory Committee to obtain names for submission to the Secretary of State as potential panel members; and
to train panel members or potential panel members.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to a member or a potential member of a children’s panel,
to a member of the Children’s Panel Advisory Committee,
to any person appointed under paragraph 7 above,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Adoption (Scotland) Act 1978 shall be amended in accordance with this Schedule.
In section 1(2) (facilities to be provided as part of adoption service)—
paragraph (a) shall cease to have effect; and
for paragraph (c) substitute—.
Section 8 (direction where adoption society inactive or defunct) shall cease to have effect.
In section 9 (regulations relating to an adoption agency’s exercise of its functions)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after subsection (3) insert—.
In section 11(3) (offence of receiving child illegally placed for adoption), for paragraph (c) substitute—.
In section 12 (adoption orders)—
in subsection (1)—
for the words “rights and duties relating” substitute “ responsibilities and parental rights in relation ”; and
; except that an adoption order may be made in relation to a person who has attained the age of 18 years if the application for it was made before such attainment.
in subsection (2), for the words “rights and duties” substitute “ responsibilities and parental rights ”;
in subsection (3)—
in paragraph (a), for the words “right or duty” substitute “ responsibility or parental right ”; and
in paragraph (b)(ii), for the words “rights and duties” substitute “ responsibilities and parental rights ”; and
at the end add—.
In section 14 (adoption by married couple)—
in subsection (1), the words from “subject” to “certain cases)” shall cease to have effect; and
in subsection (2), after paragraph (b) add—, or .
In section 15 (adoption by one person)—
in subsection (1), the words from “subject” to “certain cases)” shall cease to have effect; and
in subsection (2), after paragraph (b) add—, or .
In section 16 (provision for parental agreement to adoption order)—
for subsection (2) substitute—; and
subsection (5) shall cease to have effect.
In section 18 (making and effect of orders freeing for adoption)—
in subsection (1), after the word “agency” insert “ which is a local authority ”;
for subsection (5) substitute—;
for subsection (7) substitute—; and
at the end add—.
In section 19 (progress reports)—
in subsection (1)—
for the words “(”the former parent”)” substitute “ (in this section and in section 20 referred to as the “relevant parent”) ”; and
for the words “did not do so” substitute—either— ;
in subsection (2)—
for the words “in which the parental rights and duties were vested” substitute “ to which the parental responsibilities and parental rights were transferred ”; and
for the word “former”, in both places where it occurs, substitute “ relevant ”;
in subsection (3)—
for the word “former”, wherever it occurs, substitute “ relevant ”; and
for the words “have his home with a person with whom he has been placed for adoption” substitute “ be placed with a person with a view to his being adopted by that person ”; and
in subsection (4)—
for the words “the former” substitute “ the relevant ”;
after paragraph (b) add— “ but a declaration under this subsection may be withdrawn in the same way as may a declaration under subsection (6) of section 18, in which event the agency shall no longer be so released ”; and
for the words “that former” substitute “ that relevant ”.
In section 20 (revocation of order under section 18)—
in subsection (1)—
for the word “former” substitute “ relevant ”; and
for the words “rights and duties” substitute “ responsibilities and parental rights ”;
after subsection (1) insert—;
in subsection (2)—
for the words “the application” substitute “ an application under subsection (1) or (1A) ”; and
for the words “rights and duties” substitute “ responsibilities and parental rights ”;
for subsection (3) substitute—;
in subsection (4)—
for the words “if the application” substitute “ if an application under subsection (1) ”; and
in paragraph (a), for the word “former” substitute “ relevant ”; and
in subsection (5), for the word “former” substitute “ relevant ”.
In section 21 (variation of order under section 18 so as to substitute one adoption agency for another)—
in subsection (1)—
for the words “rights and duties” substitute “ responsibilities and parental rights ”; and
for the words “in which they are vested under” substitute “ to which they are transferred by virtue of ”; and
in subsection (3)—
for the words “rights and duties” substitute “ responsibilities and parental rights ”; and
for the words “vested in” substitute “ been transferred to ”.
After section 22 insert—.
In section 24 (restrictions on making adoption orders), for subsection (2) substitute—.
In section 25(1) (making of interim order and preconditions for so doing)—
are complied with
for the words “vesting the custody of the child in” substitute “ giving parental responsibilities and parental rights to ”.
After section 25 insert—.
In section 27 (restrictions on removal of a child by a parent or guardian who has agreed to an adoption order or to an order freeing the child for adoption)—
for subsections (1) and (2), substitute—; and
in subsection (3), for the words “contravenes subsection (1) or (2)” substitute “ removes a child in contravention of subsection (1) ”.
In section 28 (restriction on removal of child from care and possession of applicant for adoption order etc.)—
in subsection (4), for the words from “, in terms of” to the end substitute “ under or by virtue of Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995 ”; and
in subsection (5), the words “or of a voluntary organisation” and “ or the organisation ” shall cease to have effect.
Sections 32 to 37 (protected children) shall cease to have effect.
In section 45(5) (restrictions as to persons to whom information contained in the Adopted Children Register or in certain other registers or books may be provided, including a restriction as to the minimum age which an adopted person must be for it to be provided to him), for the word “17” substitute “ 16 ”.
In section 49(1) (adoption of children abroad), for the words “vesting in him the parental rights and duties relating” substitute “ transferring to him the parental responsibilities and parental rights in relation ”.
In section 51 (prohibition on certain payments)—
in subsection (1), after the word “section” insert “ and of section 51A(3) ”;
in subsection (2), for the words “the court may order any child in respect of whom the offence was committed” substitute “ without prejudice to any power which the court has to make any other order in relation to the child as respects whom the offence was committed, it may order him ”;
in subsection (5)—
at the beginning insert “ Subject to section 51B, ”; and
at the end add “ (including any such payment made by virtue of section 51B) ”; and
subsections (6)(a) and (7) to (11) shall cease to have effect.
After section 51 insert—.
In section 58 (curatorsad litem and reporting officers), in subsection (2)(c), for the words “rights and duties relating” substitute “ responsibilities and parental rights in relation ”.
In section 59(4) (disapplication of provisions regarding rules), for the words “, 11 and 32 to 37” substitute “ and 11 ”.
In section 60(3) (affirmative procedure for certain orders), the words “or 51(9)” shall cease to have effect.
In section 65 (interpretation)—
in subsection (1)—
in the definition of “adoption order”, in each of paragraphs (b) and (c), for the words “and 30 to 32” substitute “ 30 and 31 ”;
“compulsory measures of supervision” has the same meaning as in Part II of the Children (Scotland) Act 1995;
in the definition of “guardian”, paragraph (b) shall cease to have effect;
in the definition of “local authority”, the words “, 35(1)” shall cease to have effect;
“parent” means, irrespective of whether or not they are, or have been, married to each other— “parental responsibilities” and “parental rights” have the meanings respectively given by sections 1(3) and 2(4) of the Children (Scotland) Act 1995 (analogous expressions being construed accordingly);
in the definition of “relative” for the words from “and any person” to the end substitute “ where he is not a parent within the meaning of this Act, and any person who would be a relative within the meaning of this definition if the father were such a parent; ” and
“supervision requirement” has the same meaning as in Part II of the Children (Scotland) Act 1995;
in subsection (3), for the words “44 of the Social Work (Scotland) Act 1968” substitute “ 70 of the Children (Scotland) Act 1995 ”; and
after subsection (5) add—.
Section 105(3).
Where, immediately before the day appointed for the coming into force of section 25 of this Act, a child is by virtue of section 15 of the 1968 Act (duty of local authority to provide for orphans, deserted children etc.) in the care of a local authority, the child shall on and after that day be treated as if he had been provided with accommodation under (and within the meaning of) subsection (1) of the said section 25.
Sections 29 and 30 of this Act shall apply in respect of a person who, at the time when he ceased to be of school age (as defined in section 31 of the Education (Scotland) Act 1980) or at any subsequent time, was— as they apply in respect of a person who at such time was looked after (within the meaning of Part II of this Act) by a local authority.
in the care of a local authority by virtue of the said section 15 or of section 16 of the 1968 Act (assumption of parental rights and powers); or
subject to a supervision requirement (within the meaning of section 44(1) of the 1968 Act),
Where the parental rights in respect of a child have, by a resolution under the said section 16 or under section 16A of the 1968 Act (duty of local authority in cases of necessity to assume parental rights and powers vested in a voluntary organisation), vested in a local authority and immediately before the day appointed for the coming into force of section 86 of this Act those rights remain so vested, the resolution shall on and after that day have effect as if it were a parental responsibilities order transferring the appropriate parental rights and responsibilities (as defined in subsection (3) of the said section 86) relating to the child to the authority; and any access order made under section 17B of the 1968 Act in relation to the child (with any order made under section 17C of that Act as respects the access order) being (in either case) an order which immediately before that day remains undischarged, shall on and after that day have effect as if it were an order made under section 88(3) of this Act as respects the child.
Where the parental rights in respect of a child have, by a resolution under the said section 16, vested in a voluntary organisation (as defined in section 93 of this Act) and immediately before the day mentioned in paragraph 3 above those rights remain so vested, the resolution shall, notwithstanding the repeal by this Act of the said section 16, continue to have effect until one of the following occurs—
the child attains the age of eighteen years;
the resolution is rescinded by the local authority because it appears to them that their doing so would promote the child’s welfare;
the period of six months commencing with that day expires;
an order is made by virtue of section 11(2)(b), or under section 86(1), of this Act in relation to the child;
the making of an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4)) in respect of the child;
the making of a permanence order (as defined in subsection (2) of section 80 of that Act) which includes provision such as is mentioned in paragraph (c) of that subsection in respect of the child.
Where the circumstance by virtue of which a resolution under the said section 16 ceases to have effect is that mentioned in sub-paragraph (c) of paragraph 4 above, the appropriate parental rights and responsibilities (defined as mentioned in paragraph 3 above) in relation to the child shall transfer forthwith to the local authority in whose area he resides; and for the purposes of sections 86(6) and 87 to 89 of this Act the transfer shall be deemed effected by a parental responsibilities order applied for by that authority.
While a resolution continues to have effect by virtue of paragraph 4 above, sections 17(3A) and (6) to (10), 17A, 17B, 17D, 17E and 20(3) of the 1968 Act (together with the code of practice last published under subsection (5) of the said section 17E) shall continue to have effect in relation to the child in question notwithstanding the repeal by this Act of those sections.
Where an order made under—
“family home” means any house, caravan, houseboat or other structure which is used as a family residence and in which the child ordinarily resides with any person described in subsection (13) below and the expression includes any garden or other ground or building attached to and usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure.
section 10 (power of court in actions of divorce etc. to commit care of child to local authority) or 12 (power of court to provide for supervision of child) of the Matrimonial Proceedings (Children) Act 1958;
...
“school age” shall be construed in accordance with section 31 of the Education (Scotland) Act 1980;
section 11 of the Guardianship Act 1973 (orders relating to care and custody of children); or
presence in a specified place or area.
section 26 of the Adoption (Scotland) Act 1978 (provision for supervision or care where adoption order refused), committed the care of the child to, or as the case may be placed the child under the supervision of, a local authority and immediately before the repeal by this Act of the section in question (the “relevant repeal”) that order remained undischarged, the order shall continue to have effect notwithstanding the relevant repeal until one of the following occurs—
the period of six months commencing with the date of the relevant repeal expires;
the Court of Session direct, or the sheriff directs, that the order be discharged; or
there is an event in consequence of which, but for the provisions (apart from this paragraph) of this Act, the order would have fallen to be discharged.
violence, harassment, threatening conduct and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress;
the period of six months commencing with the date of the relevant repeal expires;
the Court of Session direct, or the sheriff directs, that the order be discharged; or
there is an event in consequence of which, but for the provisions (apart from this paragraph) of this Act, the order would have fallen to be discharged.
Where relevant proceedings in relation to a child have been commenced and on the relevant date have not been concluded, the provisions of Part III of the 1968 Act shall continue to apply to those proceedings until the proceedings are concluded, notwithstanding the repeal of any of those provisions by this Act. For the purposes of this paragraph, “relevant proceedings” means any proceedings at a children’s hearing under Part III of the 1968 Act, any application to the sheriff under that Part for a warrant or under section 42(2)(c) of that Act to establish any ground of referral, and any appeal under section 49 or 50 of that Act; and a reference to the commencement, or to the conclusion, of such proceedings shall be construed in accordance with sub-paragraph (3) or, as the case may be, (4) below. Relevant proceedings are commenced when one of the following occurs— Relevant proceedings are concluded when one of the following occurs—
Where a child has been taken to a place of safety, or is being detained in such a place, in accordance with section 37(2) of the 1968 Act before the relevant date, and the first lawful day for the purposes of subsection (4) of that section is on or after that date, the child’s case shall be proceeded with as if that day had been before the relevant date.
Where on the relevant date a child is subject to a supervision requirement imposed under section 44 of the 1968 Act, he shall be treated as if the requirement had been imposed under section 70 of this Act; and in calculating any period of time for the purposes of section 73 of this Act, that requirement shall be deemed to have been imposed on the day on which the requirement was imposed under the said section 44 or, as the case may be, was last reviewed or varied under the said Act of 1968. Where any relevant proceedings are concluded as mentioned in paragraph 8(4)(c) above, a supervision requirement imposed under section 44 of the 1968 Act shall have effect as if it were made under section 70 of this Act. Where before the relevant date, or in any relevant proceedings, the sheriff has in relation to a supervision requirement made an order under section 49(6) of the 1968 Act, that order shall have effect in relation to the supervision requirement deemed to have been made under section 70 of this Act as it would have had effect in relation to the supervision requirement made under section 44 of the 1968 Act.
In this Schedule—
“residential establishment”—
domestic abuse;
a private children’s home within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755),
Section 105(4).
The Lands Clauses Consolidation (Scotland) Act 1845 shall be amended in accordance with this paragraph. In section 7 (which makes provision for certain persons to have full power to sell and convey land)— In section 67 (certain payments to persons under a disability to be deposited with the Bank)— In section 69 (nomination of trustees to whom certain payments of under £200 may be paid)— In section 70 (sums of under £20 to be paid to certain persons), after the word “husbands,” insert “ legal representatives of a child (within the meaning of Part I of the Children (Scotland) Act 1995), ”.
The Judicial Factors (Scotland) Act 1849 shall be amended in accordance with this paragraph. In section 1 (interpretation), the words from “the word ”Guardian” to” “years;” shall cease to have effect. In section 10 (duty of accountant to supervise judicial factors and others), for the words “guardians and tutors” substitute “ , tutors ”. Section 25(2) (guardians to be subject to the provisions of the Act), shall cease to have effect. In section 27 (limitation by court of amount of caution), the words “guardians and” shall cease to have effect. In section 31 (power of court to remove tutors etc.), the word “guardian” shall cease to have effect. In section 32 (provisions of the Act not to alter existing powers, rights and duties of offices), the word “guardian,” shall cease to have effect. In section 33 (power of accountant to obtain information from banks), the words “guardians or” shall cease to have effect. In section 34 (petitions for discharge of office), in both places where it occurs, the word “guardian,” shall cease to have effect. In section 34A (act of sederunt to provide for other forms of discharge), for the words “, death or coming of age” substitute “ or death ”. In section 36 (records held by accountant to be open to inspection), the word “guardianships,” shall cease to have effect. In section 37 (accumulation of interest on accounts), the word “guardian,” shall cease to have effect. In section 40 (act of sederunt to regulateinter alia application of the Act to offices other than judicial factors), in both places where it occurs, the word “guardians,” shall cease to have effect.
In section 24 of the Improvement of Land Act 1864 (representation of persons under disability in certain applications etc.), for the words from the beginning to “feoffee” where it last occurs substitute “ Any person entitled to act as the legal representative of a person under legal disability by reason of non-age or mental incapacity shall be entitled to act on behalf of that person for the purposes of this Act; and any trustee, judicial factor, executor or administrator shall, subject to any other enactment, have the same rights and powers for the purposes of this Act as if the property vested in or administered by him had been vested in him in his own right; but no such legal representative ”.
In section 3 of the Judicial Factors (Scotland) Act 1880 (interpretation), in the definition of “judicial factor”—
for the word “absentis,” substitute “ absentis and ”; and
the words from “and” to “required,” shall cease to have effect.
In section 13 of the Heritable Securities (Scotland) Act 1894 (persons to have powers conferred by Act where person subject to legal disability), for the words “and trustees” substituteand— .
In section 2 of the Trusts (Scotland) Act 1921 (interpretation)—
in the definition of “trustee” the words “(including a father or mother acting as guardian of a child under the age of 16 years)” shall cease to have effect; and
“curator” and “tutor” shall have respectively the meanings assigned to these expressions by section 1 of the Judicial Factors Act 1849; “guardian” shall not include any person who, within the meaning of Part I of the Children (Scotland) Act 1995, is entitled to act as the legal representative of a child;
The Children and Young Persons (Scotland) Act 1937 shall be amended in accordance with this paragraph. In section 12 (cruelty to persons under sixteen)— In section 15 (causing or allowing persons under sixteen to be used for begging), in each of subsections (1) and (2), for the words “the custody” substitute “ parental responsibilities in relation to, or having ”. In section 22 (exposing children under seven to risk of burning), for the words from “having the custody” to “seven years” substitute “ and who has parental responsibilities in relation to a child under the age of seven years or charge or care of such a child ”. In section 27 (interpretation)— In section 110(1) (interpretation)—
In section 182(1) of the Mines and Quarries Act 1954 (interpretation), in the definition of “parent”, for the words from “means” to “and includes” substitute “ means a parent of a young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989) or who has parental responsibilities in relation to him (within the meaning of section 1(3) of the Children (Scotland) Act 1995), and includes ”.
In section 11(1) of the Matrimonial Proceedings (Children) Act 1958 (reports as to arrangements for future care and upbringing of children), for the words from the beginning to “the court may” substitute “ Where the court is considering any question relating to the care and upbringing of a child, it may ”.
In section 176(1) of the Factories Act 1961 (interpretation)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the definition of “parent”, for the words from “means” to “and includes” substitute “ means a parent of a child or young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989) or who has parental responsibilities in relation to him (within the meaning of section 1(3) of the Children (Scotland) Act 1995), and includes ”.
In section 145(33) of the Education (Scotland) Act 1962 (interpretation), for the words “the actual custody of” substitute “ parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to, or has the care of, ”.
The Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with this paragraph. In section 20(3)(a) (re-registration of birth of person under sixteen), for sub-paragraphs (i) and (ii) substitute “ , by any person (whether or not he has himself attained the age of sixteen years) having parental responsibilities in relation to that person; ”. In section 43 (recording of baptismal name or change of name or surname)— In section 53(3)(c) (offence of failure by parent to give information concerning birth), after the word “fails” insert “ without reasonable excuse ”. “parental responsibilities” has the meaning given in section 1(3) of the Children (Scotland) Act 1995;
Where, at any time after the coming into force of the Age of Legal Capacity (Scotland) Act 1991 but before the coming into force of—
sub-paragraph (2) of paragraph 12 of this Schedule, a person’s mother or father, who had not at that time attained the age of sixteen years, purported to apply under section 20(3)(a) of that Act to re-register the person’s birth, the mother, or as the case may be the father, shall be presumed to have had legal capacity to make the application; or
sub-paragraph (3)(c) of that paragraph, a person who had not at that time attained the age of sixteen years purported to make an application under any provision of section 43 of that Act (“making an application” including for the purposes of this sub-paragraph, without prejudice to the generality of that expression, signing and delivering a certificate in accordance with subsection (3) of that section) the person shall be presumed to have had legal capacity to make the application.
In section 8 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1966 (variation and recall of certain orders in respect of maintenance, custody etc.)—
in subsection (1), after paragraph (c) insert—; and
in subsection (6), in the definition of “sheriff”, in paragraph (a), for the words “or (c)” substitute “ , (c) or (cc) ”.
The Social Work (Scotland) Act 1968 shall be amended in accordance with this paragraph. In section 1(1) (duty of local authority to implement statutory duties not falling on other authorities), after the word “Act” insert “ or Part II of the Children (Scotland) Act 1995 ”. In section 4 (arrangements for provision of assistance to local authorities by other bodies), after “1984” insert “ or Part II of the Children (Scotland) Act 1995 ”. In section 5 (powers of the Secretary of State in relation to certain functions of local authorities)— In section 5B (requirement to establish complaints procedures)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For subsection (1) of section 6A (power of the Secretary of State to hold inquiries), substitute— In section 9 (powers of the Secretary of State with regard to training etc.), in subsections (1) and (2), after the word “Act” insert “ or Part II of the Children (Scotland) Act 1995 ”. In section 10(1) (making of grants and loans for social work), for the words “and (l)” substitute “ , (l) and (p) ”. In section 11(1) (local authority authorised by Secretary of State to purchase compulsorily land), in subsection (1), after the word “Act” insert “ or Part II of the Children (Scotland) Act 1995 ”. In section 12 (general social welfare services of local authorities), for the words from “be given” in subsection (1) to “a person” in subsection (2)(b) substitute—, subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 29 (power of local authority to defray expenses of parents etc. visiting persons accommodated by a local authority or attending certain funerals)— Part III (children in need of compulsory measures of care) shall cease to have effect, with the exception of subsections (1) and (3) of section 31 and the amendments provided for by the said subsection (3) and contained in Schedule 2 to that Act. In section 59(1) (provision and maintenance of residential and other establishments) after the word “Act,”, where it occurs for the second time, insert “ or under Part II of the Children (Scotland) Act 1995, ” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 78 (duty to make contributions in respect of children in care etc.)— In section 78A (recovery of contributions), in subsection (2)(a), for the words “in their care or under their supervision” substitute “ looked after by them ”. In section 79 (recipients of contributions)— In section 80 (enforcement of duty to make contributions)— In section 82(1) (recovery of arrears of contributions), for the words “having the care or supervision of” substitute “ looking after ”. In section 83(2) (variation of trusts where person in whose care a child has been residing is for the time being residing in England, Wales or Northern Ireland), for the words “having the care or supervision of” substitute “ looking after ”. After section 83 insert—. In section 86 (adjustments between local authorities as regards certain expenditure)— In section 87 (charges which may be made for services and accommodation), in each of subsections (1) and (1A), after the words “1984” there shall be inserted “ or under or by virtue of Part II of the Children (Scotland) Act 1995 ”. Section 88 (duty of parents to notify change of address) shall cease to have effect. In section 90(1) (power to make regulations, orders or rules), the words “(other than orders under section 52 and 58 and Part V of this Act)”) shall cease to have effect. In section 94(1) (interpretation)— In section 97 (provisions of the Act which extend to England and Wales)— In Schedule 2 (general adaptations of Part IV of Children and Young Persons (Scotland) Act 1937), for paragraph 1 substitute—.
In Schedule 5 to the Children and Young Persons Act 1969, paragraphs 57 and 65(1) (which relate to the provision of accommodation for children outside Scotland) shall cease to have effect.
The Chronically Sick and Disabled Persons Act 1970 shall be amended in accordance with this paragraph. In section 18(2) (information as to accommodation of younger with older persons), for the words “having functions under the Social Work (Scotland) Act 1968” substitute “ , in respect of their functions both under the Social Work (Scotland) Act 1968 and under the Children (Scotland) Act 1995, ”. In section 29(2) (modifications of provisions of the Act in their application to Scotland)—
The Sheriff Courts (Scotland) Act 1971 shall be amended in accordance with this paragraph. In section 32(1) (power of Court of Session to regulate civil procedure in the sheriff court), after paragraph (i) insert—. In section 37(2A) (remit to Court of Session), for the words “the custody” substitute “ parental responsibilities or parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to a child or the ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Domicile and Matrimonial Proceedings Act 1973 shall be amended in accordance with this paragraph. In section 10 (ancillary and collateral orders)— In paragraph 11 of Schedule 3 (sisting of consistorial action)—
The Land Compensation (Scotland) Act 1973 shall be amended in accordance with this paragraph. In section 35(3) (disturbance payments where modification of dwelling required for disabled person), in paragraph (a), after “1968” insert “ or section 23 of the Children (Scotland) Act 1995 ”. In section 80(1) (interpretation), in the definition of “disabled person”—
The Local Government (Scotland) Act 1973 shall be amended in accordance with this paragraph. In section 56(9) (enactments exempted from repeal by virtue of that section), for paragraph (d) substitute—. In Schedule 25, paragraph 41 shall cease to have effect. In Schedule 27, paragraphs 185 and 187 shall cease to have effect.
The Rehabilitation of Offenders Act 1974 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 7(2) (limitations on rehabilitation)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Children Act 1975 shall be amended in accordance with this paragraph. Sections 47 to 49 shall cease to have effect. In section 50 (payments towards maintenance for children), for the words from “custody” to “authority” substitute “ a child under the age of sixteen is residing with and being cared for (other than as a foster child) by a person other than a parent of the child, a council constituted under section 2 of the Local Government (Scotland) Act 1994 ”. In section 51 (restriction on removal of child where applicant has provided home for three years)— In section 52 (return of child taken away in breach of section 51), for the words “custody of” substitute “ a residence order in relation to ”. Section 53 (custody order on application for adoption in Scotland) shall cease to have effect. In section 55 (interpretation and extent), for the words “sections 47 to 54”, in both places where they occur, substitute “ sections 50 to 53 ”. Sections 73 to 84, 89, 99, 100, 102 and 103 shall cease to have effect. Section 107 (interpretation), except in so far as subsection (1) defines “adoption society”, “child” and “voluntary organisation”, shall cease to have effect. In Schedule 3 (minor and consequential amendments), paragraph 52 to 57 shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Education (Scotland) Act 1980 shall be amended in accordance with this paragraph. In section 36(3) (referral to reporter of case of irregular school attendance), for the words from “may” to the end substitute “ , where no requirement arises under section 53(1) of the Children (Scotland) Act 1995 to give information about the child to the Principal Reporter, may under this subsection provide the Principal Reporter with such information. ”. In section 44— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 135(1) (interpretation)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 22 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (interpretation), in the definition of “child”, for the word “accepted” substitute “ treated ”.
In Schedule 9 to the Civil Jurisdiction and Judgments Act 1982 (excluded proceedings), after paragraph 2 insert—.
In Schedule 2 to the Health and Social Services and Social Security Adjudications Act 1983, paragraphs 4 to 6 and 8 (which amend provisions of the Social Work (Scotland) Act 1968 repealed by this Act) shall cease to have effect.
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In section 6 of the Child Abduction Act 1984 (offence in Scotland of person connected with a child taking or sending that child out of United Kingdom)—
in subsection (1)(a)(i), after the word “person” insert “ or naming any person as the person with whom the child is to live ”;
in subsection (2)(b), after the words “to him” insert “ or naming him as the person with whom the child is to live ”; and
in subsection (3)(a)(i)(b), for the word “(whether” substitute “ or who is named as the person with whom the child is to live (whether the award is made, or the person so named is named ”.
The Foster Children (Scotland) Act 1984 shall be amended in accordance with this paragraph. In section 2 (exceptions to definition of “foster child”)— In section 3(4) (saving for Social Work (Scotland) Act 1968), for the words “the Social Work (Scotland) Act 1968” substitute “ Part II of the Children (Scotland) Act 1995 ”. In section 7(1) (persons disqualified from keeping foster children)— In section 12 (removal of foster children on complaint of local authority), for subsection (5) substitute—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 21(1) (interpretation)—
In section 2 of the Family Law (Scotland) Act 1985 (actions for aliment)—
in subsection (2), for paragraph (c) substitute—; and
in subsection (4)(c), for sub-paragraph (iii) substitute—.
The Child Abduction and Custody Act 1985 shall be amended in accordance with this paragraph. In section 9 (suspension of court’s powers in cases of wrongful removal), for paragraph (d) substitute—. In section 20 (further provision as regards suspension of court’s powers)— In section 25 (termination of existing custody orders etc.), subsection (6) shall cease to have effect. In section 27(4) (interpretation), after the word “Wales” insert “ or Scotland ”. In Schedule 3 (custody orders)—
The Law Reform (Parent and Child) (Scotland) Act 1986 shall be amended in accordance with this paragraph. In section 1 (legal equality of children), for subsection (3) substitute—. In section 6(2) (consent to taking of sample of blood), for the words from “guardian” to “custody or” substitute “ any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him or having ”.
The Disabled Persons (Services, Consultation and Representation) Act 1986 shall be amended in accordance with this paragraph. In section 1(3) (regulations with respect to appointment of authorised representatives of disabled persons)— In section 2 (rights of certain authorised representatives of disabled persons)— In section 13(8)(b) (limitation on requirement for assessment of needs)— In section 16 (interpretation)—
In section 41 of the Legal Aid (Scotland) Act 1986 (interpretation)—
in the definition of “legal aid”, for the words “Part III of the Social Work (Scotland Act 1968” substitute “ Chapter 2 or Chapter 3 of Part II of the Children (Scotland) Act 1995 ” and
in the definition of “person”, the existing words from “does” to the end shall be paragraph (a) and after that paragraph there shall be added—; and .
The Family Law Act 1986 shall be amended in accordance with this paragraph. In section 1(1)(b) (meaning of “custody order”)— In section 13 (jurisdiction ancillary to matrimonial proceedings)— In section 15 (duration, variation and recall of orders)— In section 17 (orders for delivery of child)— For section 26 (recognition: special Scottish rule), substitute—. In section 33(3) (power to order disclosure of child’s whereabouts), for the words “for the custody of” substitute “ relating to parental responsibilities or parental rights in relation to ”. In section 35(3) (power to restrict removal of child from jurisdiction), for the words “whose custody” substitute “ whose care ”. In section 42 (interpretation)—
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in subsection (4)(f)(iii), for the words “have left the care of” substitute “as children have been looked after by”; and
after subsection (4) add—.
In section 49(4)(b) of the Criminal Justice (Scotland) Act 1987 (right to have someone informed when detained), for the words “actual custody” substitute “ care ”.
In paragraph (a) of the definition of “civil proceedings” in section 9 of the Civil Evidence (Scotland) Act 1988 (interpretation)—
the words “under section 42 of the Social Work (Scotland) Act 1968” shall cease to have effect;
after the word “application” where it first occurs insert “ under section 65(7) or (9) of the Children (Scotland) Act 1995 ”;
after the word “established,” insert “ or of an application for a review of such a finding under section 85 of that Act ”;
after the word “application” where it occurs for the second time insert “ or, as the case may be, the review ”; and
for the words “32(2)(g)” substitute “ 52(2)(i) ”.
In section 5 of the Court of Session Act 1988 (power to regulate procedure etc. by act of sederunt), after paragraph (e) insert—.
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In section 80(1) of the Self-Governing Schools etc. (Scotland) Act 1989 (interpretation), in the definition of “parent”, for the words “the actual custody” substitute “ parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him or has care ”.
The Children Act 1989 shall be amended in accordance with this paragraph. In section 31(7)(b)(iii) (restriction on applications for care and supervision orders), for the words “the Social Work (Scotland) Act 1968” substitute “ Part II of the Children (Scotland) Act 1995 ”. In section 51(7) (enactments which do not apply where a child is granted refuge), for paragraph (b) substitute—. In section 79(e) (application of Part X to Scotland), for the words from “in whom” to “vested” substitute “ having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) relating to the child ”. In Schedule 8 (privately fostered children), in paragraph 3(b), for the words “the Social Work (Scotland) Act 1968” substitute “ Part II of the Children (Scotland) Act 1995 ”.
The Local Government and Housing Act 1989 shall be amended in accordance with this paragraph. In section 14(5) (restriction of effect of provisions of that section in relation to certain committees), for paragraph (d) substitute—.
The Access to Health Records Act 1990 shall be amended in accordance with this paragraph. In section 3(1) (right of access to health records), for paragraphs (c) and (d) substitute—. In section 4 (cases where right of access may be wholly excluded)— In section 5(3) (access to records not to be given where record compiled on basis that access would not be available to particular applicant), for the words “(1)(c), (d), (e) or (f)” substitute “ (1)(cc), (e) or (f) ”. “parental responsibility”, in the application of this Act—
In section 1(2)(a)(ii) (application), of the Horses (Protective Headgear for Young Riders) Act 1990, for the word “custody” substitute “ parental responsibilities (within the meaning given by section 1(3) of the Children (Scotland) Act 1995) in relation to, or has ”.
The Child Support Act 1991 shall be amended in accordance with this paragraph. In section 3(4)(d) (interpretation), for the words from “having” to the end substitute “ with whom a child is to live by virtue of a residence order under section 11 of the Children (Scotland) Act 1995. ”. In section 5(1) (supplemental provisions as respects child support maintenance), the words “(or, in Scotland, parental rights over)”, in both places where they occur, shall cease to have effect. In section 54 (interpretation)—
The Age of Legal Capacity (Scotland) Act 1991 shall be amended in accordance with this paragraph. In section 1(3) (age of legal capacity)— In section 2 (exceptions to the general rule), after subsection (4) insert—. In section 5(1) (construction of references to “tutor”)— In section 5(2) (restriction on appointment of guardian to person under sixteen), for the words from “section 3” to the end substitute “ section 7 of the Children (Scotland) Act 1995. ”.
The Armed Forces Act 1991 shall be amended in accordance with this paragraph. In paragraph (f) of section 17(4) (persons to whom notice of an application for an assessment order must be given)— In paragraph (f) of section 18(7) (persons who may apply for variation etc. of assessment order)— In section 21(4) (which makes provision in relation to a child returned to the United Kingdom under a protection order under that Act) for the words “ Social Work (Scotland) Act 1968” substitute “ Children (Scotland) Act 1995 ”. In section 23(1) (interpretation)—
In paragraph 61 in column 2 of Schedule 1 to the Tribunals and Inquiries Act 1992 (which specifies certain tribunals in relation to social work in Scotland)—
in sub-paragraph (a), for the words “Social Work (Scotland) Act 1968 (c.49)” substitute “ Children (Scotland) Act 1995 (c.36) ”; and
in sub-paragraph (b), for the words “that Act” substitute “ the Social Work (Scotland) Act 1968 (c.49) ”.
The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended in accordance with this paragraph. In paragraph 8 of Schedule 3 (which provides for the definition of certain expressions in relation to the admission of documentary evidence in criminal proceedings), in the definition of “criminal proceedings”— In paragraph 1 of Schedule 6 (which provides for the definition of certain expressions in relation to transitional provisions), in the definition of “existing child detainee”, for the words “section 30 of the Social Work (Scotland) Act 1968” substitute “ section 93(2)(b) of the Children (Scotland) Act 1995 ”.
The Local Government etc. (Scotland) Act 1994 shall be amended in accordance with this paragraph. In section 128 (establishment of Scottish Children’s Reporter Administration)— In section 130 (annual reports by Principal Reporter) in sub-paragraph (i) of paragraph (a) of subsection (1), for the words “the 1968 Act and the Criminal Procedure (Scotland) Act 1975” substitute “ the Children (Scotland) Act 1995 and any other enactment (except this Act) conferring functions upon him ”. In section 132 (duty of Administration to provide accommodation for children’s hearings), for the words “section 34 of the 1968 Act” substitute “ section 39 of the Children (Scotland) Act 1995 ”.
In Article 70(7) of the Children (Northern Ireland) Order 1995 (enactments not to apply where child given refuge), in sub-paragraph (c), for the words “section 71 of the Social Work (Scotland) Act 1968” substitute “ section 83 of the Children (Scotland) Act 1995 ”.
In section 2 of the Civil Evidence (Family Mediation) (Scotland) Act 1995 (which provides for exceptions to the general inadmissibility of evidence concerning family mediation), in paragraph (d)(ii)—
for the words “Part III of the Social Work (Scotland) Act 1968” substitute “ Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995 ”; and
after the word “hearing” insert—, before a sheriff or before a justice of the peace; .
In section 20 of the Criminal Justice (Scotland) Act 1995 (construction of sections relating to the admissibility of certain evidence)—
in subsection (3), in the definition of “criminal proceedings”—
for the words from “under” to “application” where it appears for the first substitute “ of an application made under Chapter 3 of Part II of the Children (Scotland) Act 1995 ”; and
after the word “child” insert “ or for a review of such a finding ”; and
in subsection (5), after the word “1968” insert “ or by virtue of Chapter 3 of Part II of the Children (Scotland) Act 1995 ”.
Section 105(5). Chapter Short title Extent of repeal 8 & 9 Vict. c.19. Lands Clauses Consolidation (Scotland) Act 1845. In section 7, the words “persons under legal disability by reason of nonage” in each place where they occur. In section 67, the words “persons under legal disability by reason of nonage”. In section 69, the words “persons under legal disability by reason of nonage”. 12 & 13 Vict. c.51. Judicial Factors Act 1849. In section 1, the words from “the word ”Guardian”” to “years;”. Section 25(2) In section 27, the words “guardians and”. In section 31, the word “guardian,”. In section 32, the word “guardian,”. In section 33, the words “guardians or”. In section 34, in both places where it occurs, the word “guardian,”. In section 36, the word “guardianships,”. In section 37, the word “guardian,” In section 40, the word “guardians,” in both places where it occurs. 27 & 28 Vict. c.114. Improvement of Land Act 1864. In section 18, the words from “nor shall they” to the end. In section 21, the words from “or if the landowner” to “minors”; and the words “or circumstance” in both places where they occur. 43 & 44 Vict. c.4. Judicial Factors (Scotland) Act 1880. In section 3, in the definition of “judicial factor”, the words from “and” to “required”. 7 Edw.7 c.51. Sheriff Courts (Scotland) Act 1907. Section 5(2C). Section 38C. 11 & 12 Geo.5 c.58. Trusts (Scotland) Act 1921. In section 2, in the definition of “trustee”, the words from “guardian” to “years)”. 1 Edw.8 & 1 Geo.6 c.37. Children and Young Persons (Scotland) Act 1937. In section 27, the first paragraph. 1 & 2 Geo.6 c.73. Nursing Homes Registration (Scotland) Act 1938. In section 4(1)(b)(iii), the words “custody or”. 14 & 15 Geo.6 c.65. Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. In section 8(1)(d), the words from “or any order” to the end. 6 & 7 Eliz.2 c.40. Matrimonial Proceedings (Children) Act 1958. Sections 8 to 10. Section 12. 1965 c.49. Registration of Births, Deaths and Marriages (Scotland) Act 1965. In section 43, in subsection (3) the words from “In this” to the end; and subsection (10). 1968 c.49. Social Work (Scotland) Act 1968. In section 5(1B), before paragraph (o), the word “and”. In section 5B(5), the words from “and” at the end of the definition of child to the end of the subsection. Section 6(1)(b)(ii). Sections 15 to 26. Part III, except section 31(1) and (3). Part V. Section 88. In section 90(1), the words “(other than orders under sections 52 and 58 and Part V of this Act)”. In section 94(1), the definition of “children’s panel” and of “children’s hearing”; the definitions of “compulsory measures of care”, “guardian” and “place of safety”; in the definition of “prescribed”, paragraph (b); and the definition of “school age”. In section 97, in subsection (1), the words “section 44(1) (except head (b)) and (1A)”, “section 58” and “Part V”; and subsections (2) and (3). 1969 c.54. Children and Young Persons Act 1969. In Schedule 5, paragraphs 57 and 65(1). 1972 c.18. Maintenance Orders (Reciprocal Enforcement) Act 1972. Section 4(3). 1972 c. 24. Social Work (Scotland) Act 1972. The whole Act. 1973 c.29. Guardianship Act 1973. The whole Act. 1973 c. 65 Local Government (Scotland) Act 1973. In Schedule 25, paragraph 41. In Schedule 27, paragraphs 185 and 187. 1974 c.53. Rehabilitation of Offenders Act 1974. Section 5(10A). In section 7(2), paragraph (e); and the words from “In the application” to the end. 1975 c.21. Criminal Procedure (Scotland) Act 1975. Section 14. In section 168(c), the word “female”. In section 177, the words “provided by a local authority under Part IV of the Social Work (Scotland) Act 1968”. In section 296, in subsection (3), the words from “and the child” to the end; and subsection (4). Section 323. In section 364(c), the word “female”. In section 378, the words “provided by a local authority under Part IV of the Social Work (Scotland) Act 1968”. In section 413, in subsection (3), the definitions of “care” and of “the 1968 Act”; in subsection (4), the words “within the meaning of the 1968 Act”; in subsection (5), the words “(within the meaning of the 1968 Act)”; and in subsection (6A), the words “within the meaning of the 1968 Act”. In Schedule 9, paragraphs 43 and 44. 1975 c.72. Children Act 1975. Sections 47 to 49. Section 53. Sections 73 to 84. Sections 99 and 100. Section 102. Section 103. Section 105. Section 107, except the definitions, in subsection (1), of “adoption society”, “child” and “voluntary organisation”. In Schedule 3, paragraphs 52 to 57. 1978 c.28. Adoption (Scotland) Act 1978. In section 1(2), paragraph (a). In section 2, paragraph (d). In section 3(3)(a), the words “including in particular its ability to make provision for children who are free for adoption”. Section 8. In section 12, in subsection (3)(b), the words “or by”; and in subsection (4) the word “— (a)” and paragraph (b). In section 14(1), the words from “subject” to “certain cases)”. In section 15, in subsection (1), the words from “Subject” to “certain cases)”; and in subsection (3), the word “natural” wherever it occurs. In section 16, subsection (5). Section 26. In section 28(5), the words “or of a voluntary organisation” and “or the organisation”. Sections 32 to 37. In section 51, subsections (6)(a) and (7) to (11). In section 60(3), the words “or 51(9)”. In section 65(1), in the definition of “guardian”, paragraph (b), and in the definition of “local authority”, the words “, 35(1)”. In Schedule 3, paragraphs 13, 14 and 15. 1980 c.44. Education (Scotland) Act 1980. Section 44(1). In section 65B(6), paragraph (a). In section 135(1), the definition of “reporter of the appropriate local authority”. 1980 c.62. Criminal Justice (Scotland) Act 1980. In Schedule 7, paragraph 21. 1983 c.33. Solvent Abuse (Scotland) Act 1983. The whole Act. 1983 c.41. Health and Social Services and Social Security Adjudications Act 1983. Section 7. Section 8(1) and (4). In Schedule 2, paragraphs 4 to 6 and 8. 1984 c.15. Law Reform (Husband and Wife) (Scotland) Act 1984. Section 3(2). 1984 c.36. Mental Health (Scotland) Act 1984. In section 10(1)(a), sub-paragraph (i); and the word “or” immediately following that sub-paragraph. Section 55(4). 1984 c.56. Foster Children (Scotland) Act 1984. In section 2, in subsection (3), the words “within the meaning of the Social Work (Scotland) Act 1968”; and in subsection (5), the words “; or (b) while he is a protected child within the meaning of section 32 of the said Act of 1978.”. 1985 c.37. Family Law (Scotland) Act 1985. In section 21, the words from “or an order” to “child”. 1985 c.60. Child Abduction and Custody Act 1985. In section 25, subsection (6). In Schedule 3, paragraph 7. 1986 c.9. Law Reform (Parent and Child) (Scotland) Act 1986. Sections 2 to 4. In section 8, the definitions of “child” and “parental rights”. In Schedule 1, paragraph 3. 1986 c.33. Disabled Persons (Services, Consultation and Representation) Act 1986. In section 16, in the definition of “guardian”, paragraph (b). 1986 c.55. Family Law Act 1986. In section 15(4), the words from “under section” to “1973”. In section 17, in subsection (1), the words “Subject to subsection (2) below”; and subsection (2). In section 35(4)(c), the words “custody or”. 1988 c.32 Civil Evidence (Scotland) Act 1988. In section 9, in the definition of “civil proceedings”, in paragraph (a), the words “under section 42 of the Social Work (Scotland) Act 1968”. 1988 c.36. Court of Session Act 1988. Section 20. 1989 c.41. Children Act 1989. In Schedule 13, paragraph 13. 1989 c.42. Local Government and Housing Act 1989. In Schedule 11, paragraph 15. 1991 c.48. Child Support Act 1991. In section 5(1), the words “(or, in Scotland, parental rights over)” in both places where they occur. In section 54, the definition of “parental rights”. 1991 c.50. Age of Legal Capacity (Scotland) Act 1991. In section 5(1), the words “or tutory”. In section 9, the definition of “parental rights”. In Schedule 1, paragraphs 3 to 5 and 7 to 15. 1993 c.9 Prisoners and Criminal Proceedings (Scotland) Act 1993. In paragraph 8 of Schedule 3, the definition of “criminal proceedings”, the words “under section 42 of the Social Work (Scotland) Act 1968”. 1993 c.35. Education Act 1993. In Schedule 19, paragraph 36. 1994 c.39. Local Government etc. (Scotland) Act 1994. Section 139. In Schedule 13, paragraphs 76(6) and (10) to (25); 92(14)(b)(iii); 100(6)(b)(iv); 103; and 161(7)(c).
any person who has parental responsibility for the child; and
any person in whom parental responsibilities or rights are vested by, under or by virtue of this Act; and
“exclusion order”, includes an interim order granted under subsection (4) above and such an order confirmed or varied under subsection (5) above and an interim order granted under subsection (6) above; except that in subsection (3) above and in section 79 of this Act, it does not include an interim order granted under subsection (4) above;
“caravan” has the meaning given to it by section 29(1) of the Caravan Sites and Control of Development Act 1960;
is liberated under subsection (7)(a) above; or
is to be brought before the sheriff under subsection (11) above,
“parent”, in relation to any person, means, subject to Part IV of the Adoption (Scotland) Act 1978 and sections 27 to 30 of the Human Fertilisation and Embryology Act 1990 and Part 2 of the Human Fertilisation and Embryology Act 2008 and any regulations made under section 55(1) of that Act of 2008and Chapter 3 of Part 1 of the Adoption and Children (Scotland) Act 2007 (asp 4), someone, of whatever age, who is that person’s genetic father or mother;
“secure accommodation” means accommodation provided in a residential establishment, approved by the Secretary of State in accordance with regulations made under section 60(1)(bb) of the Social Work (Scotland) Act 1968 or under paragraph 4(2)(i) of Schedule 4 to the Children Act 1989, for the purpose of restricting the liberty of children;
“family” has the meaning given in section 93(1) of this Act;
...
No provision in this Part of this Act shall affect any legal proceedings commenced, or any application made to a court, before that provision comes into effect; except that where, before section 11 of this Act comes into force, there has been final decree in a cause in which, as respects a child, an order for custody or access, or an order which is analogous to any such order as is mentioned in subsection (2) of that section, has been made, any application on or after the date on which the section does come into force for variation or recall of the order shall proceed as if the order had been made under that section.
In subsection (2) above, the reference to final decree is to a decree or interlocutor which, taken by itself or along with previous interlocutors, disposes of the whole subject matter of the cause.
Any reference in this Part of this Act to a person— is to a natural person only.
having parental rights or responsibilities;
acting as a legal representative; or
being appointed a guardian,
Any reference in this Part of this Act to a person acting as the legal representative of a child is a reference to that person, in the interests of the child—
administering any property belonging to the child; and
acting in, or giving consent to, any transaction where the child is incapable of so acting or consenting on his own behalf.
Where a child has legal capacity to sue, or to defend, in any civil proceedings, he may nevertheless consent to be represented in those proceedings by any person who, had the child lacked that capacity, would have had the responsibility to act as his legal representative.
No provision in this Part of this Act shall permit a person to give a consent to the storage of gametes under the Human Fertilisation and Embryology Act 1990 on behalf of a child.
Where under or by virtue of this Part of this Act, ... a court determines, any matter with respect to a child the welfare of that child throughout his childhood shall be ... its paramount consideration.
In the circumstances mentioned in subsection (4) below, ... the sheriff, taking account of the age and maturity of the child concerned, shall so far as practicable— and without prejudice to the generality of this subsection a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view.
give him an opportunity to indicate whether he wishes to express his views;
if he does so wish, give him an opportunity to express them; and
have regard to such views as he may express;
When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.
In the circumstances mentioned in subsection (4) of this section, no ... order so mentioned shall be made with respect to the child concerned unless ... the sheriff considers, that it would be better for the child that the ... order be made than that none should be made at all.
The circumstances to which subsection (2) refers are that the sheriff is considering whether to make, vary or discharge an exclusion order.
the children’s hearing—
are considering whether to make, or are reviewing, a supervision requirement;
are considering whether to grant a warrant under subsection (1) of section 66, or subsection (4) or (7) of section 69, of this Act or to provide under subsection (4) of the said section 66 for the continuation of a warrant;
are engaged in providing advice under section 60(10) of this Act; or
are drawing up a report under section 73(13) of this Act;
the sheriff is considering—
whether to make, vary or discharge a parental responsibilities order, a child assessment order or an exclusion order;
whether to vary or discharge a child protection order; (iia) whether to grant a warrant under section 66 of this Act; or
on appeal, whether to make such substitution as is mentioned in section 51(5)(c)(iii) of this Act; or
the sheriff is otherwise disposing of an appeal against a decision of a children’s hearing.
If, for the purpose of protecting members of the public from serious harm (whether or not physical harm)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a court considers it necessary to make a determination under or by virtue of Chapter 1 or 3 of this Part of this Act which (but for this paragraph) would not be consistent with its affording such paramountcy, it may make that determination.
Where a child is looked after by a local authority they shall, in such manner as the Secretary of State may prescribe—
safeguard and promote his welfare (which shall, in the exercise of their duty to him be their paramount concern);
make such use of services available for children cared for by their own parents as appear to the authority reasonable in his case; ...
take such steps to promote, on a regular basis, personal relations and direct contact between the child and any person with parental responsibilities in relation to him as appear to them to be, having regard to their duty to him under paragraph (a) above, both practicable and appropriate ; and
take such steps to promote, on a regular basis, personal relations and direct contact between the child and any person mentioned in subsection (1A) as appear to them to be appropriate having regard to their duty to the child under paragraph (a).
The duty under paragraph (a) of subsection (1) above includes, without prejudice to that paragraph’s generality, the duty of providing advice and assistance with a view to preparing the child for when he is no longer looked after by a local authority.
The persons referred to in subsection (1)(d) are—
a sibling of the child, and
any other person with whom the child has lived and with whom the child has an ongoing relationship with the character of a relationship between siblings.
Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the views of— regarding the matter to be decided.
the child;
his parents;
any person who is not a parent of his but who has parental rights in relation to him; ...
any other person whose views the authority consider to be relevant,
any person mentioned in subsection (1A); and
For the purposes of subsection (1A), two people are siblings if they have at least one parent in common.
In making any such decision a local authority shall have regard so far as practicable—
to the views (if he wishes to express them) of the child concerned, taking account of his age and maturity;
to such views of any person mentioned in subsection (3)(b) to (d) above as they have been able to ascertain; and
to the child’s religious persuasion, racial origin and cultural and linguistic background.
If, for the purpose of protecting members of the public from serious harm (whether or not physical harm) a local authority consider it necessary to exercise, in a manner which (but for this paragraph) would not be consistent with their duties under this section, their powers with respect to a child whom they are looking after, they may do so.
Any reference in this Chapter of this Part to a child who is “looked after” by a local authority, is to a child—
for whom they are providing accommodation under section 25 of this Act;
who is subject to a compulsory supervision order or an interim compulsory supervision order and in respect of whom they are the implementation authority (within the meaning of the Children's Hearings (Scotland) Act 2011);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
who is subject to an order in accordance with which, by virtue of regulations made under section 33(1) of this Act or section 190 of the Children’s Hearings (Scotland) Act 2011 (asp 1) (effect of Orders made outwith Scotland), they have responsibilities as respects the child ; or
in respect of whom a permanence order has, on an application by them under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4), been made and has not ceased to have effect.
Regulations made by the Secretary of State under subsection (1) above may, without prejudice to the generality of that subsection, include—
provision as to the circumstances in which the child may be cared for by the child’s own parents; and
procedures which shall be followed in the event of the child’s death.
Where a child is being looked after by a local authority, each natural person who has parental responsibilities in relation to the child shall, without unreasonable delay, inform that authority whenever the person changes his address.
A person who knowingly fails to comply with the requirement imposed by subsection (1) above shall be liable on summary conviction to a fine of level 1 on the standard scale; but in any proceedings under this section it shall be a defence that—
the change was to the same address as that to which another person who at that time had parental responsibilities in relation to the child was changing; and
the accused had reasonable cause to believe that the other person had informed the authority of the change of address of them both.
This section applies where a child is detained in secure accommodation by virtue of section 51(1)(a), 205(2), 208(1) or, as the case may be, 216(7) of the Criminal Procedure (Scotland) Act 1995.
The relevant local authority in relation to the child has the same duties towards the child as it would have by virtue of sections 17, 29, 30 and 31 if the child were looked after by that local authority.
In subsection (2), the “relevant local authority”, in relation to a child, has the same meaning as in section 201 of the Children’s Hearings (Scotland) Act 2011
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Within such period after the coming into force of this section as the Secretary of State may direct, each local authority shall prepare and publish a plan for the provision of relevant services for or in respect of children in their area.
References to “relevant services” in this section are to services provided by a local authority under or by virtue of—
this Part of this Act; or
any of the enactments mentioned in section 5(1B)(a) to (o) of the Social Work (Scotland) Act 1968 (enactments in respect of which Secretary of State may issue directions to local authorities as to the exercise of their functions).
A local authority shall from time to time review the plan prepared by them under subsection (1) above (as modified, or last substituted, under this subsection) and may, having regard to that review, prepare and publish—
modifications (or as the case may be further modifications) to the plan reviewed; or
a plan in substitution for that plan.
The Secretary of State may, subject to subsection (5) below, issue directions as to the carrrying out by a local authority of their functions under subsection (3) above.
In preparing any plan, or carrying out any review, under this section a local authority shall consult—
every Health Board and National Health Service trust providing services under the National Health Service (Scotland) Act 1978 in the area of the authority;
such voluntary organisations as appear to the authority—
to represent the interests of persons who use or are likely to use relevant services in that area; or
to provide services in that area which, were they to be provided by the authority, might be categorised as relevant services;
the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994;
the chairman of the children’s panel for that area;
such housing associations, voluntary housing agencies and other bodies as appear to the authority to provide housing in that area; and
such other persons as the Secretary of State may direct.
A local authority shall, within such period after the coming into force of this section as the Secretary of State may direct, and thereafter from time to time, prepare and publish information—
about relevant services which are provided by them for or in respect of children (including, without prejudice to that generality, services for or in respect of disabled children or children otherwise affected by disability) in their area or by any other local authority for those children; and
where they consider it appropriate, about services which are provided by voluntary organisations and by other persons for those children, being services which the authority have power to provide and which, were they to do so, they would provide as relevant services.
In subsection (1) above, “relevant services” means services provided by a local authority under or by virtue of—
this Part of this Act;
the Children's Hearings (Scotland) Act 2011;
Part 12 or 13 of the Children and Young People (Scotland) Act 2014; or
any of the enactments mentioned in section 5(1B)(a) to (n), (r) or (t) of the Social Work (Scotland) Act 1968.
Where it appears to a local authority that an appropriate person could, by doing certain things, help in the exercise of any of their functions under this Part of this Act, they may, specifying what those things are, request the help of that person.
For the purposes of subsection (1) above, persons who are appropriate are— and an appropriate person receiving such a request shall comply with it provided that it is compatible with their own statutory or other duties and obligations and (in the case of a person not a natural person) does not unduly prejudice the discharge of any of their functions.
any other local authority;
a health board constituted under section 2 of the National Health Service (Scotland) Act 1978;
a national health service trust established under section 12A of that Act; and
any person authorised by the Secretary of State for the purposes of this section;
A local authority shall— by providing a range and level of services appropriate to the children’s needs.
safeguard and promote the welfare of children in their area who are in need; and
so far as is consistent with that duty, promote the upbringing of such children by their families,
In providing services under subsection (1) above, a local authority shall have regard so far as practicable to each child’s religious persuasion, racial origin and cultural and linguistic background.
Without prejudice to the generality of subsection (1) above—
a service may be provided under that subsection—
for a particular child;
if provided with a view to safeguarding or promoting his welfare, for his family; or
if provided with such a view, for any other member of his family; and
the services mentioned in that subsection may include giving assistance in kind or, in exceptional circumstances, in cash.
Assistance such as is mentioned in subsection (3)(b) above may be given unconditionally or subject to conditions as to the repayment, in whole or in part, of it or of its value; but before giving it, or imposing such conditions, the local authority shall have regard to the means of the child concerned and of his parents and no condition shall require repayment by a person at any time when in receipt of—
income supportor working families’ tax credit payable under the Social Security Contributions and Benefits Act 1992;
universal credit under Part 1 of the Welfare Reform Act 2012;
an income-based jobseeker’s allowance payable under the Jobseekers Act 1995; or
any element of child tax credit other than the family element or working tax credit; or
an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).
Without prejudice to the generality of subsection (1) of section 22 of this Act, services provided by a local authority under that subsection shall be designed—
to minimise the effect on any—
disabled child who is within the authority’s area, of his disability; and
child who is within that area and is affected adversely by the disability of any other person in his family, of that other person’s disability; and
to give those children the opportunity to lead lives which are as normal as possible.
For the purposes of this Chapter of this Part a person is disabled if he is chronically sick or disabled or has a mental disorder (as defined in section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)).
Where requested to do so by — a local authority shall, for the purpose of facilitating the discharge of such duties as the authority may have under section 22(1) of this Act (whether or not by virtue of subsection (1) above) as respects the child, carry out an assessment of the child, or of any other person in the child’s family, to determine the needs of the child in so far as attributable to his disability or to that of the other person.
a child’s parent or guardian ; or
a mental health officer (as defined in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) who—
has responsibility under that Act or the Criminal Procedure (Scotland) Act 1995 (c. 46) for a child’s case; and
makes the request for the purposes of either of those Acts,
In determining the needs of a child under subsection (3) above, the local authority shall take account—
if an adult carer provides, or intends to provide, care for the child, of the care provided by that carer,
if a young carer provides, or intends to provide, care for the child, of the care provided by that carer,
in so far as it is reasonable and practicable to do so, of— provided that the parent, guardian, or child in question has a wish, or as the case may be, a capacity, to express a view.
the views of the parent or guardian of the child, and the child; ...
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In subsection (4)(a) and (aa), the reference to the care provided by a carer means—
in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,
in the case of a young carer who has a young carer statement, the information about that care set out in that statement.
In— a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.
determining the needs of a child under subsection (3),
deciding whether to provide any services under section 22(1), and
deciding how any such services are to be provided,
In this section— “adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016, “young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.
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Subject to subsection (2) below, in any case where— the carer may request the local authority, before they make a decision as to the discharge of any duty they may have under section 2(1) of the Chronically Sick and Disabled Persons Act 1970 or under section 22(1) of this Act as respects the child, to carry out an assessment of the carer’s ability to continue to provide, or as the case may be to provide, care for that child; and if the carer makes such a request, the local authority shall carry out such an assessment and shall have regard to the results of it in making any such decision.
a local authority carry out under section 23(3) of this Act an assessment to determine the needs of a disabled child, and
a person (in this section referred to as the “carer”) provides or intends to provide a substantial amount of care on a regular basis for that child,
No request may be made under subsection (1) above by a person who provides or will provide the care in question—
under or by virtue of a contract of employment or other contract; or
as a volunteer for a voluntary organisation.
Where an assessment of a carer’s ability to continue to provide, or as the case may be to provide, care for a child is carried out under subsection (1) above, there shall, as respects the child, be no requirement under section 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (carer’s ability to continue to provide care to be considered in any decision as respects provision of certain services for disabled persons) to have regard to that ability.
In this section “person” means a natural person.
This section applies where a local authority is exercising a function under or by virtue of section 17, 22 or 26A of this Act.
The local authority must have regard to the general principle that functions should be exercised in relation to children and young people in a way which is designed to safeguard, support and promote their wellbeing.
For the purpose of subsection (2) above, the local authority is to assess the wellbeing of a child or young person by reference to the extent to which the matters listed in section 96(2) of the 2014 Act are or, as the case may be, would be satisfied in relation to the child or young person.
In assessing the wellbeing of a child or young person as mentioned in subsection (3) above, a local authority is to have regard to the guidance issued under section 96(3) of the 2014 Act.
In this section, “the 2014 Act” means the Children and Young People (Scotland) Act 2014.
A local authority shall provide accommodation for any child who, residing or having been found within their area, appears to them to require such provision because—
no-one has parental responsibility for him;
he is lost or abandoned; or
the person who has been caring for him is prevented, whether or not permanently and for whatever reason, from providing him with suitable accommodation or care.
Without prejudice to subsection (1) above, a local authority may provide accommodation for any child within their area if they consider that to do so would safeguard or promote his welfare.
A local authority may provide accommodation for any person within their area who is at least eighteen years of age but not yet twenty-one, if they consider that to do so would safeguard or promote his welfare.
A local authority providing accommodation under subsection (1) above for a child who is ordinarily resident in the area of another local authority shall notify the other authority, in writing, that such provision is being made; and the other authority may at any time take over the provision of accommodation for the child.
Before providing a child with accommodation under this section, a local authority shall have regard, so far as practicable, to his views (if he wishes to express them), taking account of his age and maturity; and without prejudice to the generality of this subsection a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view.
Subject to subsection (7) below—
a local authority shall not provide accommodation under this section for a child if any person who— objects; and
has parental responsibilities in relation to him and the parental rights mentioned in section 2(1)(a) and (b) of this Act; and
is willing and able either to provide, or to arrange to have provided, accommodation for him,
any such person may at any time remove the child from accommodation which has been provided by the local authority under this section.
Paragraph (a) of subsection (6) above does not apply— and paragraph (b) of that subsection does not apply where accommodation has been provided for a continuous period of at least six months (whether by a single local authority or, by virtue of subsection (4) above, by more than one local authority), unless the person removing the child has given the local authority for the time being making such provision at least fourteen days’ notice in writing of his intention to remove the child.
as respects any child who, being at least sixteen years of age, agrees to be provided with accommodation under this section; or
where a residence order has been made in favour of one or more persons and that person has, or as the case may be those persons have, agreed that the child should be looked after in accommodation provided by, or on behalf of, the local authority;
In this Part of this Act, accommodation means, except where the context otherwise requires, accommodation provided for a continuous period of more than twenty-four hours.
A local authority may provide accommodation for a child looked after by them by—
placing him with— . . . ;
a family (other than such family as is mentioned in paragraph (a) or (b) of the definition of that expression in section 93(1) of this Act);
a relative of his; or
any other suitable person
maintaining him in a residential establishment; or
making such other arrangements as appear to them to be appropriate, including (without prejudice to the generality of this paragraph) making use of such services as are referred to in section 17(1)(b) of this Act.
A local authority may arrange for a child whom they are looking after—
to be placed, under subsection (1)(a) above, with a person in England and Wales or in Northern Ireland; or
to be maintained in any accommodation in which—
a local authority in England and Wales could maintain him by virtue of section 23(2)(b) to (e) of the Children Act 1989; or a local authority in England and Wales could place the child in a placement falling within section 22C(6)(c) of the Children Act 1989;
an authority within the meaning of the Children (Northern Ireland) Order 1995 could maintain him by virtue of Article 27(2)(aa) of that Order.
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Each local authority shall provide such day care for children in need within their area who— as is appropriate; and they may provide such day care for children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) but are not in need.
are aged five or under; and
have not yet commenced attendance at a school,
A local authority may provide facilities (including training, advice, guidance and counselling) for those—
caring for children in day care; or
who at any time accompany such children while they are in day care.
A local authority must, at least once every two years—
consult such persons as appear to be representative of parents of children in need within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above about how they should provide day care for such children in pursuance of that subsection; and
after having had regard to the views expressed, prepare and publish their plans for how they intend to provide day care for such children in pursuance of that subsection.
Each local authority shall provide for children in need within their area who are in attendance at a school such care— as is appropriate; and they may provide such care for children within their area who are in such attendance but are not in need.
outside school hours; or
during school holidays,
A local authority must, at least once every two years—
consult such persons as appear to be representative of parents of children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above but are not in need about whether and if so how they should provide day care for such children under that subsection; and
after having had regard to the views expressed, prepare and publish their plans in relation to the provision of day care for such children under that subsection.
In this section—
“compulsory measures of supervision” means, in respect of a child, such measures of supervision as may be imposed upon him by a children’s hearing;
A local authority must, at least once every two years—
consult such persons as appear to be representative of parents of children in need within their area who are in attendance at a school about how they should provide appropriate care for such children in pursuance of subsection (3) above; and
after having had regard to the views expressed, prepare and publish their plans for how they intend to provide appropriate care for such children in pursuance of that subsection.
A local authority must, at least once every two years—
consult such persons as appear to be representative of parents of children within their area who are in attendance at a school but are not in need about whether and if so how they should provide appropriate care for such children under subsection (3) above; and
after having had regard to the views expressed, prepare and publish plans in relation to the provision of appropriate care for such children in their area under that subsection.
The Scottish Ministers may by order modify subsection (1A), (1B), (3A) or (3B) above so as to vary the regularity within which a local authority must consult and plan in pursuance of that subsection.
An order made under subsection (3C) above is subject to the negative procedure.
Section 23 of the Social Work (Scotland) Act 1968 (which provides a power for local authorities and voluntary associations, with the consent of the Secretary of State, to make arrangements for the emigration of children in their care) shall cease to have effect.
This section applies where an eligible person ceases to be looked after by a local authority.
An “eligible person” is a person who—
is at least sixteen years of age, and
is not yet such higher age as may be specified.
Subject to subsection (5) below, the local authority must provide the person with continuing care.
“Continuing care” means the same accommodation and other assistance as was being provided for the person by the authority, in pursuance of this Chapter of this Part, immediately before the person ceased to be looked after.
The duty to provide continuing care does not apply if—
the accommodation the person was in immediately before ceasing to be looked after was secure accommodation,
the accommodation the person was in immediately before ceasing to be looked after was a care placement and the carer has indicated to the authority that the carer is unable or unwilling to continue to provide the placement, or
the local authority considers that providing the care would significantly adversely affect the welfare of the person.
A local authority's duty to provide continuing care lasts, subject to subsection (7) below, until the expiry of such period as may be specified.
The duty to provide continuing care ceases if—
the person leaves the accommodation of the person's own volition,
the accommodation ceases to be available, or
the local authority considers that continuing to provide the care would significantly adversely affect the welfare of the person.
For the purposes of subsection (7)(b) above, the situations in which accommodation ceases to be available include—
in the case of a care placement, where the carer indicates to the authority that the carer is unable or unwilling to continue to provide the placement,
in the case of a residential establishment provided by the local authority, where the authority closes the establishment,
in the case of a residential establishment provided under arrangements made by the local authority, where the arrangements come to an end.
The Scottish Ministers may by order—
make provision about when or how a local authority is to consider whether subsection (5)(c) or (7)(c) above is the case,
modify subsection (5) above so as to add, remove or vary a situation in which the duty to provide continuing care does not apply,
modify subsection (7) or (8) above so as to add, remove or vary a situation in which the duty to provide continuing care ceases.
If a local authority becomes aware that a person who is being provided with continuing care has died, the local authority must as soon as reasonably practicable notify—
the Scottish Ministers, and
Social Care and Social Work Improvement Scotland.
An order under this section—
may make different provision for different purposes,
is subject to the affirmative procedure.
Before making an order under this section, the Scottish Ministers must consult—
each local authority, and
such other persons as they consider appropriate.
In this section—
“care placement” means a placement such as is mentioned in section 26(1)(a) of this Act,
A local authority shall, unless they are satisfied that his welfare does not require it, advise, guide and assist any person in their area who is at least sixteen but not yet nineteen years of age who, either—
was (on his sixteenth birthday or at any subsequent time) but is no longer looked after by a local authority; or
is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.
If a person within the area of a local authority is at least nineteen, but is less than twenty-six, years of age and is otherwise a person such as is described in subsection (1) above, he may by application to the authority request that they provide him with advice, guidance and assistance; ...
An order made under subsection (1)(b) above is subject to the affirmative procedure.
Subject to section 73(2) of the Regulation of Care (Scotland) Act 2001 (asp 8), assistance given under subsection (1) above or (5A) or (5B) below may include assistance in kind or in cash.
Where a person— they shall, if he proposes to reside in the area of another local authority, inform that other local authority accordingly provided that he consents to their doing so.
who is at least sixteen years of age ceases to be looked after by a local authority; or
described in subsection (1) above is being provided with advice, guidance or assistance by a local authority,
Subsections (1) and (2) above do not apply to a person during any period when the person is being provided with continuing care under section 26A of this Act.
It is the duty of each local authority, in relation to any person to whom they have a duty under subsection (1) above or who makes an application under subsection (2) above, to carry out an assessment of the person’s needs.
After carrying out an assessment under subsection (5) above in pursuance of an application made by a person under subsection (2) above, the local authority—
must, if satisfied that the person has any eligible needs which cannot be met other than by taking action under this subsection, provide the person with such advice, guidance and assistance as it considers necessary for the purposes of meeting those needs; and
may otherwise provide such advice, guidance and assistance as it considers appropriate having regard to the person's welfare.
A local authority may (but is not required to) continue to provide advice, guidance and assistance to a person in pursuance of subsection (5A) after the person reaches the age of twenty-six.
Each local authority shall establish a procedure for considering representations (including complaints) made to them by any person mentioned in subsection (1) or (2) above about the discharge of their functions under the provisions of subsections (1) to (5B) above.
In subsection (1) above, the reference to having been “looked after by a local authority” shall be construed as including having been looked after by a local authority in England and Wales; and subsection (4) of section 105 of the Children Act 1989 (c.41) (construction of references to a child looked after by a local authority) shall apply for the purposes of this subsection as it applies for the purposes of that Act (“local authority in England and Wales” being construed in accordance with subsection (1) of that section).
For the purposes of subsection (5A)(a) above, a person has “eligible needs” if the person needs care, attention or support of such type as the Scottish Ministers may by order specify.
An order made under subsection (8) is subject to the affirmative procedure.
If a local authority becomes aware that a person who is being provided with advice, guidance or assistance by them under this section has died, the local authority must as soon as reasonably practicable notify—
the Scottish Ministers; and
Social Care and Social Work Improvement Scotland.
Without prejudice to section 12 of the Social Work (Scotland) Act 1968 (general social welfare services of local authorities), a local authority may make—
grants to any relevant person in their area to enable him to meet expenses connected with his receiving education or training; and
contributions to the accommodation and maintenance of any such person in any place near where he may be—
employed, or seeking employment; or
receiving education or training.
A person is a relevant person for the purposes of subsection (1) above if—
he is at least sixteen years of age but not yet twenty-six years of age; and
he either—
was (on his sixteenth birthday or at any subsequent time) but is no longer looked after by a local authority; or
is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.
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An order made under subsection (2)(b)(ii) above is subject to the affirmative procedure.
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Without prejudice to their duty under section 17(1)(a) of this Act, it shall be the duty of a local authority who are looking after a child to review his case at such intervals as may be prescribed by the Secretary of State.
The Secretary of State may prescribe—
different intervals in respect of the first such review and in respect of subsequent reviews;
the manner in which cases are to be reviewed under this section;
the considerations to which the local authority are to have regard in reviewing cases under this section.
A local authority, notwithstanding any agreement made in connection with the placing of a child in a residential establishment under this Chapter, or Chapter 4, of this Part of this Act by them— remove a child so placed.
may, at any time; and
shall, if requested to do so by the person responsible for the establishment,
The Secretary of State may make regulations providing for a prescribed order which is made by a court in England and Wales or in Northern Ireland, if that order appears to him to correspond generally to an order of a kind which may be made under this Part of this Act ..., to have effect in prescribed circumstances and for prescribed purposes of the law of Scotland as if it were an order of that kind ....
The Secretary of State may make regulations providing— if that order ... appears to him to correspond generally to an order of a kind which may be made under any provision of law in force in England and Wales or in Northern Ireland, to have effect in prescribed circumstances and for prescribed purposes of the law of England and Wales, or as the case may be of Northern Ireland, as if it were an order of that kind.
for a prescribed order made under this Part of this Act by a court in Scotland; ...
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Regulations under subsection (1) or (2)(a) above may provide for the order given effect for prescribed purposes to cease to have effect for those purposes, or for the purposes of the law of the place where the order was made, if prescribed conditions are satisfied.
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Regulations under this section may modify any provision of—
the Social Work (Scotland) Act 1968 or this Act in any application which the Acts may respectively have, by virtue of the regulations, in relation to an order made otherwise than in Scotland;
the Children Act 1989 or the Children and Young Persons Act 1969 or sections 63 to 67 of and Schedules 6 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 in any application which those Acts may respectively have, by virtue of the regulations, in relation to an order prescribed under subsection (2)(a) above ...; or
the Children (Northern Ireland) Order 1995 or the Children and Young Persons Act (Northern Ireland) 1968 in any application which they may respectively have, by virtue of the regulations, in relation to an order so prescribed ....
Part IV of the Social Work (Scotland) Act 1968 (which makes provision as regards residential and other establishments) shall be amended in accordance with this section.
In section 61 (restriction on carrying on of establishments)—
for subsection (1) there shall be substituted—;
in subsection (1A)—
in paragraph (a) of the definition of “establishment”, for the words “sections 61A and” there shall be substituted “section”; and
at the end of that definition there shall be added “but an establishment is not excluded for those purposes by paragraph (a) above by reason only of its being registrable by the Registrar of Independent Schools in Scotland;”; and
in subsection (2), for the words “section 62(8) and (8A) below” there shall be substituted “sections 61A(1) and 62(8) and (8A) of this Act”.
For section 61A there shall be substituted—.
After section 62 there shall be inserted—.
In section 65(1) (removal of persons from establishment), after the word “ought”—
where it first occurs, there shall be inserted “(by virtue of subsections (2) and (3)) of section 61 of this Act)”; and
where it occurs for the second time, there shall be inserted “(by virtue of the said subsections (2) and (3))”.
For section 67 there shall be substituted—.
The Scottish Ministers may by regulations make provision in relation to cross-border placements.
Regulations under subsection (1) may in particular include provision—
requiring specified persons to provide or share specified information,
requiring specified persons to provide, or make arrangements for the provision of, any services which are needed to support a child who is the subject of a cross-border placement,
requiring specified persons to meet the costs incurred in relation to, or as a consequence of, a cross-border placement,
requiring a cross-border placement to be kept under review,
in connection with the safeguarding and promotion of the welfare of a child who is the subject of a cross-border placement.
Regulations under subsection (1)—
may modify any enactment in its application by virtue of the regulations to a cross-border placement, including—
the Social Work (Scotland) Act 1968,
this Act,
may make any incidental, supplementary, consequential, transitional, transitory or saving provision that the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to the regulations,
are subject to the affirmative procedure.
In this section, “cross-border placement” means the placement of a child in a residential establishment in Scotland where—
the child was, immediately before the placement, resident in England, Wales or Northern Ireland, and
the placement is authorised under the law in England and Wales or, as the case may be, in Northern Ireland by virtue of—
an order made by a court in England and Wales or in Northern Ireland,
any provision made by or under an Act of Parliament, an Act of Senedd Cymru, or Northern Ireland legislation (as defined by section 98(1) of the Northern Ireland Act 1998), whenever passed or made.
After section 125 of the Education (Scotland) Act 1980 there shall be inserted—.
Where a child is provided with residential accommodation by a person mentioned in subsection (3) below and it appears to the person that the child either— the person shall (whether or not the child has been, or will be, so accommodated throughout the continuous period) so notify the local authority in whose area the accommodation is provided.
has had no parental contact for a continuous period of three months or more; or
is likely to have no parental contact for a period which, taken with any immediately preceding period in which the child has had no such contact, will constitute a continuous period of three months or more,
A local authority receiving notification under subsection (1) above shall—
take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is so accommodated; and
consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
The persons are—
any health board constituted under section 2 of the National Health Service (Scotland) Act 1978;
any national health service trust established under section 12A of that Act;
any person providing— within the meaning given to those expressions by section 10F(2) of the National Health Service (Scotland) Act 1978 (c.29); and
an independent hospital;
a private psychiatric hospital;
an independent clinic; or
an independent medical agency,
any person providing a care home service (as defined by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)).
For the purposes of subsection (1) above, a child has parental contact only when in the presence of a person having parental responsibilities in relation to him.
A person duly authorised by a local authority may in the area of that authority, at all reasonable times, enter for the purposes of subsection (2) above or of determining whether there has been compliance with subsection (1) above any such place as is mentioned in sub-paragraph (i) or (ii) of subsection (3)(c) above and may for those purposes inspect any records or registers relating to that place; and subsections (2A) to (2D) and (4) of section 6 of the Social Work (Scotland) Act 1968 (exercise of powers of entry and inspection) (as in force immediately prior to their repeal by section 8 of the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006) shall apply in respect of a person so authorised as they applied in respect of a person duly authorised under subsection (1) of that section.
Where a child appears—
to a local authority to be at risk of harm, they may at the child’s request— for a period which does not exceed the relevant period;
provide him with refuge in a residential establishment both controlled or managed by them and designated by them for the purposes of this paragraph; or
arrange for a person whose household is approved by virtue of section 5(3)(b) of the Social Work (Scotland) Act 1968 (provision for securing that persons are not placed in any household unless the household has prescribed approval) and is designated by them for the purposes of this paragraph, to provide him with refuge in that household,
to a person who provides a care home service (as defined by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)), or to any person for the time being employed in the management of the accomodation in question, to be at risk of harm, the person to whom the child so appears may at the child’s request provide him with refuge, for a period which does not exceed the relevant period, in the accommodation but shall do so only if and to the extent that the local authority within whose area the accommodation is situated have given their approval to the use of the accommodation (or a part of the accommodation) for the purposes of this paragraph.
The Secretary of State may by regulations make provision as to— and regulations made under this subsection may include such incidental and supplementary provisions as he thinks fit.
designation, for the purposes of paragraph (a) of subsection (1) above, of establishments and households;
application for, the giving of and the withdrawal of, approval under paragraph (b) of subsection (1) above;
requirements (if any) which must be complied with while any such approval remains in force;
the performance by a person mentioned in the said paragraph (b) of anything to be done by him under that paragraph;
the performance by a local authority of their functions under this section; and
the giving, to such persons or classes of person as may be specified in the regulations, of notice as to the whereabouts of a child provided with refuge under this section,
While a child is being provided with refuge under, and in accordance with regulations made under, this section, none of the enactments mentioned in subsection (4) below shall apply in relation to him unless the commencement of the period of refuge has followed within two days of the termination of a prior period of refuge so provided to him by any person.
The enactments are—
section 89 of this Act and, so far as it applies in relation to anything done in Scotland, section 171 of the Children's Hearings (Scotland) Act 2011; and
section 32(3) of the Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention etc.), so far as it applies in relation to anything done in Scotland.
References in this section to the relevant period shall be construed as references either to a period which does not exceed seven days or, in such exceptional circumstances as the Secretary of State may prescribe, to a period which does not exceed fourteen days.
A child who is provided with refuge for a period by virtue of such arrangements as are mentioned in subsection (1)(a) above shall not be regarded as a foster child for the purposes of the Foster Children (Scotland) Act 1984 by reason only of such provision.
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For every local government area there shall be a children’s panel for the purposes of this Act, and any other enactment conferring powers on a children’s hearing (or on such a panel).
Schedule 1 to this Act shall have effect with respect to the recruitment, appointment, training and expenses of members of a children’s panel and the establishment of Children’s Panel Advisory Committees and joint advisory committees.
Sittings of members of the children’s panel (to be known as “children’s hearings”) shall be constituted from the panel in accordance with subsection (5) below.
A children’s hearing shall be constituted for the performance of the functions given to such a hearing by or by virtue of—
this Act; or
any other enactment conferring powers on a children’s hearing.
A children’s hearing shall consist of three members, one of whom shall act as chairman; and shall not consist solely of male, or solely of female, members.
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The qualifications of a reporter shall be such as the Secretary of State may prescribe.
A reporter shall not, without the consent of the Scottish Children’s Reporter Administration, be employed by a local authority.
The Secretary of State may make regulations in relation to the functions of any reporter under this Act and the Criminal Procedure (Scotland) Act 1975.
The Secretary of State and the Lord Advocate may—
by regulations empower a reporter, whether or not he is an advocate or solicitor, to conduct before a sheriff any proceedings which under this Chapter or Chapter 3 of this Part of this Act are heard by the sheriff;
prescribe such requirements as they think fit as to qualifications, training or experience necessary for a reporter to be so empowered.
In this section, “reporter” means—
the Principal Reporter; or
any officer of the Scottish Children’s Reporter Administration to whom there is delegated, under section 131(1) of the Local Government etc. (Scotland) Act 1994, any of the functions which the Principal Reporter has under this or any other enactment.
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Subject to subsection (2) below, in any proceedings under this Chapter or Chapter 3 of this Part of this Act either at a children’s hearing or before the sheriff, the hearing or, as the case may be, the sheriff—
shall consider if it is necessary to appoint a person to safeguard the interests of the child in the proceedings; and
if they, or he, so consider, shall make such an appointment, on such terms and conditions as appear appropriate.
Subsection (1) above shall not apply in relation to proceedings under section 57 of this Act.
Where a children’s hearing make an appointment under subsection (1)(b) above, they shall state the reasons for their decision to make that appointment.
“supervision requirement” has the meaning given by 69(1) of this Act, and includes any condition contained in such a requirement or related to it;
in so far as reasonably incurred by him in safeguarding the interests of the child in the proceedings, and
the local authority which made the application for the interdict;
except in so far as otherwise defrayed in terms of regulations made under section 101 of this Act,
an appropriate person who will reside in, or who remains in residence in, the family home mentioned in the order; and
any solicitor who acted for the appropriate person when the interdict was granted or to any other solicitor who the procurator fiscal has reason to believe acts for the time being for that person,
is either— provided at a place that is registered as a contact centre in accordance with regulations under subsection (1), or provided in circumstances in which the provider may, in accordance with regulations under subsection (1), provide the service at a place that is not registered as a contact centre,
for whose area the children’s panel from which the relevant children’s hearing has been constituted is formed;
where there is no relevant children’s hearing, within whose area the child resides.
For the purposes of subsection (4) above, “relevant children’s hearing” means, in the case of proceedings—
at before a children’s hearing, that hearing;
under section 68 of this Act, the children’s hearing who have directed the application;
on an appeal under section 51 of this Act, the children’s hearing whose decision is being appealed against.
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Subject to the following provisions of this Act, the Secretary of State may make rules for constituting and arranging children’s hearings and other meetings of members of the children’s panel and for regulating their procedure.
Without prejudice to the generality of subsection (1) above, rules under that subsection may make provision with respect to—
the conduct of, and matters which shall or may be determined by, a business meeting arranged under section 64 of this Act;
notification of the time and place of a children’s hearing to the child and any relevant person in relation to the child and to such other persons as may be prescribed;
how the grounds for referring the case to a children’s hearing under section 65(1) of this Act are to be stated, and the right of the child and any such relevant person to dispute those grounds;
the making available by the Principal Reporter, subject to such conditions as may be specified in the rules, of reports or information received by him to—
members of the children’s hearing;
the child concerned;
any relevant person; and
any other person or class of persons so specified;
the procedure in relation to the disposal of matters arising under section 41(1) of this Act;
the functions of any person appointed by a children’s hearing under section 41(1) of this Act and any right of that person to information relating to the proceedings in question;
the recording in writing of any statement given under section 41(3) of this Act;
the right to appeal to the sheriff under section 51(1)(a) of this Act against a decision of the children’s hearing and notification to such persons as may be prescribed of the proceedings before him;
the right of the child and of any such relevant person to be represented at a children’s hearing;
the entitlement of the child, of any such relevant person and of any person who acts as the representative of the child or of any such relevant person to the refund of such expenses, incurred by the child or as the case may be the person or representative, as may be prescribed in connection with a children’s hearing and with any proceedings arising from the hearing;
persons whose presence shall be permitted at a children’s hearing.
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Subject to subsection (3) below, a children’s hearing shall be conducted in private, and, subject to any rules made under section 42 of this Act, no person other than a person whose presence is necessary for the proper consideration of the case which is being heard, or whose presence is permitted by the chairman, shall be present.
The chairman shall take all reasonable steps to ensure that the number of persons present at a children’s hearing at any one time is kept to a minimum.
The following persons have the right to attend a children’s hearing—
a member of the Council on Tribunals, or of the Scottish Committee of that Council, in his capacity as such; and
subject to subsection (4) below, a bona fide representative of a newspaper or news agency.
A children’s hearing may exclude a person described in subsection (3)(b) above from any part or parts of the hearing where, and for so long as, they are satisfied that—
it is necessary to do so, in the interests of the child, in order to obtain the child’s views in relation to the case before the hearing; or
the presence of that person is causing, or is likely to cause, significant distress to the child.
Where a children’s hearing have exercised the power conferred by subsection (4) above to exclude a person, the chairman may, after that exclusion has ended, explain to the person the substance of what has taken place in his absence.
No person shall publish any matter in respect of proceedings before a sheriff on an application under section 76(1) of this Act which is intended to, or is likely to, identify—
the child concerned in, or any other child connected (in any way) with, the proceedings; or
any address or school as being that of any such child.
Any person who contravenes subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale in respect of each such contravention.
It shall be a defence in proceedings for an offence under this section for the accused to prove that he did not know, and had no reason to suspect, that the published matter was intended, or was likely, to identify the child or, as the case may be, the address or school.
In this section “to publish” includes, without prejudice to the generality of that expression,—
to publish matter in a programme service, as defined by section 201 of the Broadcasting Act 1990 (definition of programme service); and
to cause matter to be published.
The requirements of subsection (1) above may, in the interests of justice, be dispensed with by— to such extent as the sheriff ... considers appropriate.
the sheriff in any proceedings before him;
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The requirements of subsection (1) do not apply in relation to the publication by or on behalf of a local authority or an adoption agency (within the meaning of the Adoption and Children (Scotland) Act 2007 (asp 4)) of information about a child for the purposes of making arrangements in relation to the child under this Act or that Act.
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Where a child has been notified in accordance with rules made under subsection (1) of section 42 of this Act by virtue of subsection (2)(b) of that section that his case has been referred to a children’s hearing, he shall—
have the right to attend at all stages of the hearing; and
subject to subsection (2) below, be under an obligation to attend those stages in accordance with the notice.
Without prejudice to subsection (1)(a) above and section 65(4) of this Act, where a children’s hearing are satisfied— they may release the child from the obligation imposed by subsection (1)(b) above.
in a case concerned with an offence mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1975, that the attendance of the child is not necessary for the just hearing of that case; or
in any case, that it would be detrimental to the interests of the child for him to be present at the hearing of his case,
Subject to subsection (2) above, the Principal Reporter shall be responsible for securing the attendance of the child at the hearing of his case by a children’s hearing (and at any subsequent hearing to which the case is continued under section 69(1)(a) of this Act).
On the application of the Principal Reporter, a children’s hearing, if satisfied on cause shown that it is necessary for them to do so, may issue, for the purposes of subsection (3) above, a warrant under this subsection to find the child, to keep him in a place of safety and to bring him before a children’s hearing.
Where a child has failed to attend a children’s hearing in accordance with such notice as is mentioned in subsection (1) above, they may, either on the application of the Principal Reporter or of their own motion, issue a warrant under this subsection, which shall have the same effect as a warrant under subsection (4) above.
A child who has been taken to a place of safety under a warrant granted under this section shall not be kept there after whichever is the earlier of—
the expiry of seven days beginning on the day he was first so taken there; or
the day on which a children’s hearing first sit to consider his case in accordance with subsection (7) below.
Where a child has been found in pursuance of a warrant under this section and he cannot immediately be brought before a children’s hearing, the Principal Reporter shall, wherever practicable, arrange a children’s hearing to sit on the first working day after the child was so found.
Subject to section 46 of this Act, a person who is a relevant person as respects a child shall, where a children’s hearing are considering the case of the child—
have the right to attend at all stages of the hearing; and
be obliged to attend at all stages of the hearing unless the hearing are satisfied that it would be unreasonable to require his attendance or that his attendance is unnecessary for the proper consideration of the case.
Any person who fails to attend a hearing which, under subsection (8)(b) above, he is obliged to attend shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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Where a children’s hearing are considering the case of a child in respect of whom a person is a relevant person, they may exclude that person, or that person and any representative of his, or any such representative, from any part or parts of the hearing for so long as is necessary in the interests of the child, where they are satisfied that—
they must do so in order to obtain the views of the child in relation to the case before the hearing; or
the presence of the person or persons in question is causing, or is likely to cause, significant distress to the child.
Where a children’s hearing exercise the power conferred by subsection (1) above, the chairman of the hearing shall, after that exclusion has ended, explain to any person who was so excluded the substance of what has taken place in his absence.
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Where a children’s hearing has been arranged in respect of any person, the hearing—
shall, at the commencement of the proceedings, make inquiry as to his age and shall proceed with the hearing only if he declares that he is a child or they so determine; and
may, at any time before the conclusion of the proceedings, accept a declaration by the child, or make a fresh determination, as to his age.
The age declared to, or determined by, a children’s hearing to be the age of a person brought before them shall, for the purposes of this Part of this Act, be deemed to be the true age of that person.
No decision reached, order continued, warrant granted or requirement imposed by a children’s hearing shall be invalidated by any subsequent proof that the age of a person brought before them had not been correctly declared to the hearing or determined by them.
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Where a children’s hearing are satisfied, in relation to a case which they are hearing, that it could be better considered by a children’s hearing constituted from a children’s panel for a different local government area, they may at any time during the course of the hearing request the Principal Reporter to arrange for such other children’s hearing to dispose of the case.
Where a case has been transferred in pursuance of subsection (1) above, the grounds of referral accepted or established for the case shall not require to be further accepted or established for the purposes of the children’s hearing to which the case has been transferred.
In section 173 of the Criminal Procedure (Scotland) Act 1975 (reference or remission to children’s hearing where child guilty of an offence: solemn proceedings), for subsections (1) to (3) there shall be substituted—.
In section 372 of that Act (reference or remission to children’s hearing where child guilty of an offence: summary proceedings), for subsections (1) to (3) there shall be substituted—.
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Where a court has, under section 173, 372 or 373 of the Criminal Procedure (Scotland) Act 1975, remitted a case to a children’s hearing for disposal, a certificate signed by the clerk of the court stating that the child or person concerned has pled guilty to, or has been found guilty of, the offence to which the remit relates shall be conclusive evidence for the purposes of the remit that the offence has been committed by the child or person.
Where a court has under the said section 373 remitted a case to a children’s hearing for disposal, the provisions of this Act shall apply to the person concerned as if he were a child.
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Subject to subsection (15) below, a child or a relevant person (or relevant persons) or both (or all)—
may, within a period of three weeks beginning with the date of any decision of a children’s hearing, appeal to the sheriff against that decision; and
where such an appeal is made, shall be heard by the sheriff.
The Principal Reporter shall, in respect of any appeal under subsection (1) above, ensure that all reports and statements available to the hearing, along with the reports of their proceedings and the reasons for the decision, are lodged with the sheriff clerk.
The sheriff may, on appeal under subsection (1) above, hear evidence from, or on behalf of, the parties in relation to the decision; and, without prejudice to that generality the sheriff may—
examine the Principal Reporter;
examine the authors or compilers of any reports or statements; and
call for any further report which he considers may assist him in deciding the appeal.
Where the sheriff decides that an appeal under this section has failed, he shall confirm the decision of the children’s hearing.
Where the sheriff is satisfied that the decision of the children’s hearing is not justified in all the circumstances of the case he shall allow the appeal, and—
where the appeal is against a warrant to find and keep or, as the case may be, to keep a child in a place of safety, he shall recall the warrant;
where the child is subject to a supervision requirement containing a condition imposed under section 70(9) of this Act, he shall direct that the condition shall cease to have effect; and
in any case, he may, as he thinks fit—
remit the case with reasons for his decision to the children’s hearing for reconsideration of their decision; or
discharge the child from any further hearing or other proceedings in relation to the grounds for the referral of the case; or
substitute for the disposal by the children’s hearing any requirement which could be imposed by them under section 70 of this Act.
Where a sheriff imposes a requirement under subsection (5)(c)(iii) above, that requirement shall for the purposes of this Act, except of this section, be treated as a disposal by the children’s hearing.
Where the sheriff is satisfied that an appeal under subsection (1) above against the decision of a children’s hearing arranged under section 73(8) of this Act is frivolous, he may order that no subsequent appeal against a decision to continue (whether with or without any variation) the supervision requirement in question shall lie until the expiration of twelve months beginning with the date of the order.
An appeal under subsection (1) above in respect of the issue of a warrant by a children’s hearing shall be disposed of within three days of the lodging of the appeal; and failing such disposal the warrant shall cease to have effect at the end of that period.
Where a child or a relevant person appeals under subsection (1) above against a decision of a children’s hearing in relation to a supervision requirement, the child or the relevant person may make application to a children’s hearing for the suspension of the requirement appealed against.
It shall be the duty of the Principal Reporter forthwith to arrange a children’s hearing to consider the application under subsection (9) above, and that hearing may grant or refuse the application.
Subject to subsections (13) and (15) below, an appeal shall lie by way of stated case either on a point of law or in respect of any irregularity in the conduct of the case—
to the sheriff principal from any decision of the sheriff—
on an appeal under subsection (1) of this section;
on an application made under section 65(7) or (9) of this Act; or
on an application made under section 85(1) of this Act; and
to the Court of Session from any decision of the sheriff such as is mentioned in sub-paragraphs (i) to (iii) of paragraph (a) above and, with leave of the sheriff principal, from any decision of the sheriff principal on an appeal under that paragraph; and the decision of the Court of Session in the matter shall be final.
An appeal under subsection (11) above may be made at the instance of—
the child or any relevant person, either alone or together; or
the Principal Reporter on behalf of the children’s hearing.
An application to the sheriff, or as the case may be the sheriff principal, to state a case for the purposes of an appeal under subsection (11)(a) or (b) above shall be made within a period of twenty-eight days beginning with the date of the decision appealed against.
On deciding an appeal under subsection (11) above the sheriff principal or as the case may be the Court of Session shall remit the case to the sheriff for disposal in accordance with such directions as the court may give.
No appeal shall lie under this section in respect of—
a decision of the sheriff on an application under section 57 of this Act; or
a decision of a children’s hearing continuing a child protection order under section 59(4) of this Act.
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The question of whether compulsory measures of supervision are necessary in respect of a child arises if at least one of the conditions mentioned in subsection (2) below is satisfied with respect to him.
The conditions referred to in subsection (1) above are that the child—
is beyond the control of any relevant person;
is falling into bad associations or is exposed to moral danger;
is likely— due to a lack of parental care;
to suffer unnecessarily; or
be impaired seriously in his health or development,
is a child in respect of whom any of the offences mentioned in Schedule 1 to the Criminal Procedure (Scotland) Act 1975 (offences against children to which special provisions apply) has been committed;
is, or is likely to become, a member of the same household as a child in respect of whom any of the offences referred to in paragraph (d) above has been committed;
is, or is likely to become, a member of the same household as a person who has committed any of the offences referred in paragraph (d) above;
is, or is likely to become, a member of the same household as a person in respect of whom an offence under sections 2A to 2C of the Sexual Offences (Scotland) Act 1976 (incest and intercourse with a child by step-parent or person in position of trust) has been committed by a member of that household;
has failed to attend school regularly without reasonable excuse;
has committed an offence;
has misused alcohol or any drug, whether or not a controlled drug within the meaning of the Misuse of Drugs Act 1971;
has misused a volatile substance by deliberately inhaling its vapour, other than for medicinal purposes;
is being provided with accommodation by a local authority under section 25, or is the subject of a parental responsibilities order obtained under section 86, of this Act and, in either case, his behaviour is such that special measures are necessary for his adequate supervision in his interest or the interest of others.
In this Part of this Act, “supervision” in relation to compulsory measures of supervision may include measures taken for the protection, guidance, treatment or control of the child.
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Where information is received by a local authority which suggests that compulsory measures of supervision may be necessary in respect of a child, they shall—
cause inquiries to be made into the case unless they are satisfied that such inquiries are unnecessary; and
if it appears to them after such inquiries, or after being satisfied that such inquiries are unnecessary, that such measures may be required in respect of the child, give to the Principal Reporter such information about the child as they have been able to discover.
A person, other than a local authority, who has reasonable cause to believe that compulsory measures of supervision may be necessary in respect of a child—
shall, if he is a constable, give to the Principal Reporter such information about the child as he has been able to discover;
in any other case, may give the Principal Reporter that information.
A constable shall make any report required to be made under paragraph (b) of section 17(1) of the Police (Scotland) Act 1967 (duty to make reports in relation to commission of offences) in relation to a child to the Principal Reporter as well as to the appropriate prosecutor.
Where an application has been made to the sheriff— the Principal Reporter may request any prosecutor to supply him with any evidence lawfully obtained in the course of, and held by the prosecutor in connection with, the investigation of a crime or suspected crime, being evidence which may assist the sheriff in determining the application; and, subject to subsection (5) below, it shall be the duty of the prosecutor to comply with such a request.
by the Principal Reporter in accordance with a direction given by a children’s hearing under section 65(7) or (9) of this Act; or
by any person entitled to make an application under section 84 of this Act,
A prosecutor may refuse to comply with a request issued under subsection (4) above where he reasonably believes that it is necessary to retain the evidence for the purposes of any proceedings in respect of a crime, whether the proceedings have been commenced or are to be commenced by him.
The Lord Advocate may direct that in any specified case or class of cases any evidence lawfully obtained in the course of an investigation of a crime or suspected crime shall be supplied, without the need for a request under subsection (4) above, to the Principal Reporter.
In subsections (3), (4) and (5) above “crime” and “prosecutor” have the same meanings respectively given by section 462 of the Criminal Procedure (Scotland) Act 1975.
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Where in any relevant proceedings it appears to the court that any of the conditions in section 52(2)(a) to (h), (j), (k) or (l) of this Act is satisfied with respect to a child, it may refer the matter to the Principal Reporter, specifying the condition.
In this section “relevant proceedings” means—
an action for divorce or judicial separation or for declarator of marriage, nullity of marriage, parentage or non-parentage;
proceedings relating to parental responsibilities or parental rights within the meaning of Part I of this Act;
proceedings for an adoption order under the Adoption (Scotland) Act 1978 or for an order under section 18 of that Act declaring a child free for adoption; and
proceedings for an offence against section 35 (failure by parent to secure regular attendance by his child at a public school), 41 (failure to comply with attendance order) or 42(3) (failure to permit examination of child) of the Education (Scotland) Act 1980.
Where the court has referred a matter to the Principal Reporter under subsection (1) above, he shall— arrange a children’s hearing to consider the case of the child under section 69 of this Act; and subsection (1) of that section shall apply as if the condition specified by the court under subsection (1) above were a ground of referral established in accordance with section 68 of this Act.
make such investigation as he thinks appropriate; and
if he considers that compulsory measures of supervision are necessary,
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A sheriff may grant an order under this section for an assessment of the state of a child’s health or development, or of the way in which he has been treated (to be known as a “child assessment order”), on the application of a local authority if he is satisfied that—
the local authority have reasonable cause to suspect that the child in respect of whom the order is sought is being so treated (or neglected) that he is suffering, or is likely to suffer, significant harm;
such assessment of the child is required in order to establish whether or not there is reasonable cause to believe that the child is so treated (or neglected); and
such assessment is unlikely to be carried out, or be carried out satisfactorily, unless the order is granted.
Where— he shall make such an order under that section as if the application had been duly made by the local authority under that section rather than this section.
an application has been made under subsection (1) above; and
the sheriff considers that the conditions for making a child protection order under section 57 of this Act are satisfied,
A child assessment order shall—
specify the date on which the assessment is to begin;
have effect for such period as is specified in the order, not exceeding seven days beginning with the date specified by virtue of paragraph (a) above;
require any person in a position to produce the child to—
produce him to any authorised person;
permit that person or any other authorised person to carry out an assessment in accordance with the order; and
comply with any other conditions of the order; and
be carried out by an authorised person in accordance with the terms of the order.
A child assessment order may—
where necessary, permit the taking of the child concerned to any place for the purposes of the assessment; and
authorise the child to be kept at that place, or any other place, for such period of time as may be specified in the order.
Where a child assessment order makes provision under subsection (4) above, it shall contain such directions as the sheriff considers appropriate as to the contact which the child shall be allowed to have with any other person while the child is in any place to which he has been taken or in which he is being kept under a child assessment order.
In this section “authorised person” means any officer of the local authority, and any person authorised by the local authority to perform the assessment, or perform any part of it.
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Where the Principal Reporter receives information from any source about a case which may require a children’s hearing to be arranged he shall, after making such initial investigation as he thinks necessary, proceed with the case in accordance with subsection (4) or (6) below.
For the purposes of making any initial investigation under subsection (1) above, the Principal Reporter may request from the local authority a report on the child and on such circumstances concerning the child as appear to him to be relevant; and the local authority shall supply the report which may contain such information, from any person whomsoever, as the Principal Reporter thinks, or the local authority think, fit.
A report requested under subsection (2) above may contain information additional to that given by the local authority under section 53 of this Act.
The Principal Reporter may decide, after an initial investigation under subsection (1) above, that a children’s hearing does not require to be arranged; and where he so decides—
he shall inform the child, any relevant person and the person who brought the case to his notice, or any of those persons, that he has so decided; and
he may, if he considers it appropriate, refer the case to a local authority with a view to their making arrangements for the advice, guidance and assistance of the child and his family in accordance with Chapter 1 of this Part of this Act.
Where the Principal Reporter has decided under subsection (4) above that a children’s hearing does not require to be arranged, he shall not at any other time, on the basis solely of the information obtained during the initial investigation referred to in that subsection, arrange a children’s hearing under subsection (6) below.
Where it appears to the Principal Reporter that compulsory measures of supervision are necessary in respect of the child, he shall arrange a children’s hearing to which he shall refer the case for consideration and determination.
Where the Principal Reporter has arranged a children’s hearing in accordance with subsection (6) above, he— and the local authority shall supply that report, or as the case may be information, and any other information which they consider to be relevant.
shall, where he has not previously done so, request a report under subsection (2) above;
may request from the local authority such information, supplementary or additional to a report requested under subsection (2) above, as he thinks fit;
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Where the sheriff, on an application by any person, is satisfied that— he may make an order under this section (to be known as a “child protection order”).
there are reasonable grounds to believe that a child—
is being so treated (or neglected) that he is suffering significant harm; or
will suffer such harm if he is not removed to and kept in a place of safety, or if he does not remain in the place where he is then being accommodated (whether or not he is resident there); and
an order under this section is necessary to protect that child from such harm (or such further harm),
Without prejudice to subsection (1) above, where the sheriff on an application by a local authority is satisfied— he may make a child protection order.
that they have reasonable grounds to suspect that a child is being or will be so treated (or neglected) that he is suffering or will suffer significant harm;
that they are making or causing to be made enquiries to allow them to decide whether they should take any action to safeguard the welfare of the child; and
that those enquiries are being frustrated by access to the child being unreasonably denied, the authority having reasonable cause to believe that such access is required as a matter of urgency,
Without prejudice to any additional requirement imposed by rules made by virtue of section 91 of this Act, an application for a child protection order shall—
identify—
the applicant; and
in so far as practicable, the child in respect of whom the order is sought;
state the grounds on which the application is made; and
be accompanied by such supporting evidence, whether in documentary form or otherwise, as will enable the sheriff to determine the application.
A child protection order may, subject to such terms and conditions as the sheriff considers appropriate, do any one or more of the following—
require any person in a position to do so to produce the child to the applicant;
authorise the removal of the child by the applicant to a place of safety, and the keeping of the child at that place;
authorise the prevention of the removal of the child from any place where he is being accommodated;
provide that the location of any place of safety in which the child is being kept should not be disclosed to any person or class of person specified in the order.
Notice of the making of a child protection order shall be given forthwith by the applicant to the local authority in whose area the child resides (where that authority is not the applicant) and to the Principal Reporter.
In taking any action required or permitted by a child protection order or by a direction under section 58 of this Act the applicant shall only act where he reasonably believes that to do so is necessary to safeguard or promote the welfare of the child.
Where by virtue of a child protection order a child is removed to a place of safety provided by a local authority, they shall, subject to the terms and conditions of that order and of any direction given under section 58 of this Act, have the like duties in respect of the child as they have under section 17 of this Act in respect of a child looked after by them.
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When the sheriff makes a child protection order, he shall at that time consider whether it is necessary to give a direction to the applicant for the order as to contact with the child for— and if he determines that there is such a necessity he may give such a direction.
any parent of the child;
any person with parental responsibilities in relation to the child; and
any other specified person or class of persons;
Without prejudice to the generality of subsection (1) above, a direction under that subsection may—
prohibit contact with the child for any person mentioned in paragraphs (a) to (c) of that subsection;
make contact with the child for any person subject to such conditions as the sheriff considers appropriate to safeguard and promote the welfare of the child.
A direction under subsection (1) above may make different provision in relation to different persons or classes of person.
A person applying for a child protection order under section 57(1) or (2) of this Act may at the same time apply to the sheriff for a direction in relation to the exercise or fulfilment of any parental responsibilities or parental rights in respect of the child concerned, if the person considers such a direction necessary to safeguard or promote the welfare of the child.
Without prejudice to the generality of subsection (4) above, a direction under that subsection may be sought in relation to— which is to be carried out by any person.
any examination as to the physical or mental state of the child;
any other assessment or interview of the child; or
any treatment of the child arising out of such an examination or assessment,
The sheriff may give a direction sought under subsection (4) above where he considers there is a necessity such as is mentioned in that subsection; and such a direction may be granted subject to such conditions, if any, as the sheriff (having regard in particular to the duration of the child protection order to which it relates) considers appropriate.
A direction under this section shall cease to have effect when—
the sheriff, on an application under section 60(7) of this Act, directs that it is cancelled; or
the child protection order to which it is related ceases to have effect.
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This section applies where—
a child in respect of whom a child protection order has been made—
has been taken to a place of safety by virtue of section 57(4)(b) of this Act; or
is prevented from being removed from any place by virtue of section 57(4)(c) of this Act;
the Principal Reporter has not exercised his powers under section 60(3) of this Act to discharge the child from the place of safety; and
the Principal Reporter has not received notice, in accordance with section 60(9) of this Act, of an application under subsection (7) of that section.
Where this section applies, the Principal Reporter shall arrange a children’s hearing to conduct an initial hearing of the child’s case in order to determine whether they should, in the interests of the child, continue the child protection order under subsection (4) below.
A children’s hearing arranged under subsection (2) above shall take place on the second working day after that order is implemented.
Where a children’s hearing arranged under subsection (2) above are satisfied that the conditions for the making of a child protection order under section 57 of this Act are established, they may continue the child protection order and any direction given under section 58 of this Act (whether with or without variation of the order or, as the case may be, the direction) until the commencement of a children’s hearing in relation to the child arranged in accordance with section 65(2) of this Act.
In subsection (3) above, section 60 and section 65(2) of this Act any reference, in relation to the calculation of any period, to the time at which a child protection order is implemented shall be construed as a reference— and “implement” shall be construed accordingly.
in relation to such an order made under paragraph (b) of subsection (4) of section 57 of this Act, to the day on which the child was removed to a place of safety in accordance with the order; and
in relation to such an order made under paragraph (c) of that subsection, to the day on which the order was made,
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Where, by the end of twenty-four hours of a child protection order being made (other than by virtue of section 57(4)(c) of this Act), the applicant has made no attempt to implement the order it shall cease to have effect.
Where an application made under subsection (7) below has not been determined timeously in accordance with subsection (8) below, the order to which the application relates shall cease to have effect.
A child shall not be— where the Principal Reporter, having regard to the welfare of the child, considers that, whether as a result of a change in the circumstances of the case or of further information relating to the case having been received by the Principal Reporter, the conditions for the making of a child protection order in respect of the child are no longer satisfied or that the term, condition or direction is no longer appropriate and notifies the person who implemented the order that he so considers.
kept in a place of safety under a child protection order;
prevented from being removed from any place by such an order; or
subject to any term or condition contained in such an order or a direction given under section 58 of this Act,
The Principal Reporter shall not give notice under subsection (3) above where—
proceedings before a children’s hearing arranged under section 59(2) of this Act in relation to the child who is subject to the child protection order have commenced; or
the hearing of an application made under subsection (7) of this section has begun.
Where the Principal Reporter has given notice under subsection (3) above, he shall also, in such manner as may be prescribed, notify the sheriff who made the order.
A child protection order shall cease to have effect—
where an initial hearing arranged under section 59(2) of this Act does not continue the order under subsection (4) of that section;
where an application is made to the sheriff under subsection (7) below, on the sheriff recalling such order under subsection (13) below;
on the person who implemented the order receiving notice from the Principal Reporter that he has decided not to refer the case of a child who is subject to the order to a children’s hearing arranged in accordance with section 65(2) of this Act;
on the Principal Reporter giving notice in accordance with subsection (3) above in relation to the order that he considers that the conditions for the making of it are no longer satisfied; or
where such order is continued under section 59(4) of this Act or subsection (12)(d) below, on the commencement of a children’s hearing arranged under section 65(2) of this Act.
An application to the sheriff to set aside or vary a child protection order made under section 57 of this Act or a direction given under section 58 of this Act or such an order or direction continued (whether with or without variation) under section 58(4) of this Act, may be made by or on behalf of—
the child to whom the order or direction relates;
a person having parental rights over the child;
a relevant person;
any person to whom notice of the application for the order was given by virtue of rules; or
the applicant for the order made under section 57 of this Act.
An application under subsection (7) above shall be made— and any such application shall be determined within three working days of being made.
in relation to a child protection order made under section 56, or a direction given under section 58, of this Act, before the commencement of a children’s hearing arranged in accordance with section 59(2) of this Act; and
in relation to such an order or direction continued (whether with or without variation) by virtue of subsection (4) of the said section 59, within two working days of such continuation,
Where an application has been made under subsection (7) above, the applicant shall forthwith give notice, in a manner and form prescribed by rules, to the Principal Reporter.
At any time which is— the Principal Reporter may arrange a children’s hearing the purpose of which shall be to provide any advice they consider appropriate to assist the sheriff in his determination of the application.
after the giving of the notice required by subsection (9) above; but
before the sheriff has determined the application in accordance with subsection (11) below,
The sheriff shall, after hearing the parties to the application and, if he wishes to make representations, the Principal Reporter, determine whether—
the conditions for the making of a child protection order under section 57 of this Act are satisfied; or
where the application relates only to a direction under section 58 of this Act, the direction should be varied or cancelled.
Where the sheriff determines that the conditions referred to in subsection (11)(a) above are satisfied, he may—
confirm or vary the order, or any term or condition on which it was granted;
confirm or vary any direction given, in relation to the order, under section 58 of this Act;
give a new direction under that section; or
continue in force the order and any such direction until the commencement of a children’s hearing arranged in accordance with section 65(2) of this Act.
Where the sheriff determines that the conditions referred to in subsection (11)(a) above are not satisfied he shall recall the order and cancel any direction given under section 58 of this Act.
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Where, on the application of any person, a justice of the peace is satisfied— he may grant to the applicant an authorisation under this section.
both that the conditions laid down for the making of a child protection order in section 57(1) of this Act are satisfied and that it is probable that any such order, if made, would contain an authorisation in terms of paragraph (b) or (c) of subsection (4) of that section; but
that it is not practicable in the circumstances for an application for such an order to be made to the sheriff or for the sheriff to consider such an application,
Where on the application for a local authority a justice of the peace is satisfied— he may grant an authorisation under this section.
both that the conditions laid down for the making of a child protection order in section 57(2) of this Act are satisfied and that it is probable that any such order, if made, would contain an authorisation in terms of paragraph (b) or (c) of subsection (4) of that section; but
that it is not practicable in the circumstances for an application for such an order to be made to the sheriff or for the sheriff to consider such an application,
An authorisation under this section may—
require any person in a position to do so to produce the child to the applicant;
prevent any person from removing a child from a place where he is then being accommodated;
authorise the applicant to remove the child to a place of safety and to keep him there until the expiration of the authorisation.
An authorisation under this section shall cease to have effect—
twelve hours after being made, if within that time—
arrangements have not been made to prevent the child’s removal from any place specified in the authorisation; or
he has not been, or is not being, taken to a place of safety; or
where such arrangements have been made or he has been so taken when— whichever is the earlier.
twenty-four hours have expired since it was so given; or
an application for a child protection order in respect of the child is disposed of,
Where a constable has reasonable cause to believe that— he may remove the child to such a place and keep him there.
the conditions for the making of a child protection order laid down in section 57(1) are satisfied;
that it is not practicable in the circumstances for him to make an application for such an order to the sheriff or for the sheriff to consider such an application; and
that, in order to protect the child from significant harm (or further such harm), it is necessary for him to remove the child to a place of safety,
The power conferred by subsection (5) above shall not authorise the keeping of a child in a place of safety for more than twenty four hours from the time when the child is so removed.
The authority to keep a child in a place of safety conferred by subsection (5) above shall cease on the disposal of an application in relation to the child for a child protection order.
A child shall not be— under this section where the Principal Reporter considers that the conditions for the grant of an authorisation under subsection (1) or (2) above or the exercise of the power conferred by subsection (5) above are not satisfied, or that it is no longer in the best interests of the child that he should be so kept.
kept in a place of safety; or
prevented from being removed from any place,
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The Secretary of State may make regulations concerning the duties in respect of a child of any person removing him to, and keeping him in, a place of safety under section 61 above.
Regulations under this section may make provision requiring—
notification of the removal of a child to be given to a person specified in the regulations;
intimation to be given to any person of the place of safety at which a child is being kept;
notification to be given to any person of the ceasing to have effect, under section 61(4)(a) of this Act, of an authorisation.
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Where the Principal Reporter has been informed by a constable, in accordance with section 296(3) of the Criminal Procedure (Scotland) Act 1975, that charges are not to be proceeded with against a child who has been detained in a place of safety in accordance with that section, the Principal Reporter shall, unless he considers that compulsory measures of supervision are not required in relation to the child, arrange a children’s hearing to which he shall refer the case.
A children’s hearing arranged under subsection (1) above shall begin not later than the third day after the Principal Reporter received the information mentioned in that subsection.
Where the Principal Reporter considers that a child of whose detention he has been informed does not require compulsory measures of supervision, he shall direct that the child shall no longer be kept in the place of safety.
Subject to subsection (3) above, a child who has been detained in a place of safety may continue to be kept at that place until the commencement of a children’s hearing arranged under subsection (1) above.
Subject to subsection (6) below, a children’s hearing arranged under subsection (1) above may— and subsections (3) to (8) of the said section 66 shall apply to a warrant granted under this subsection as they apply to a warrant granted under subsection (1) of the said section 66.
if they are satisfied that the conditions mentioned in subsection (2) of section 66 of this Act are satisfied, grant a warrant to keep the child in a place of safety; and
direct the Principal Reporter to arrange a children’s hearing for the purposes of section 65(1) of this Act,
A child shall not be kept in a place of safety in accordance with a warrant granted under subsection (5) above where the Principal Reporter, having regard to the welfare of the child, considers that, whether as a result of a change in the circumstances of the case or of further information relating to the case having been received by the Principal Reporter— and where he does so consider he shall give notice to that effect to the person who is keeping the child in that place in accordance with the warrant.
the conditions mentioned in section 66(2) of this Act are no longer satisfied in relation to the child; or
the child is not in need of compulsory measures of supervision,
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At any time prior to the commencement of proceedings at the children’s hearing, the Principal Reporter may arrange a meeting with members of the children’s panel from which the children’s hearing is to be constituted under section 39(4) of this Act for those proceedings (any such meeting being, in this Part of this Act referred to as a “business meeting”).
Where a business meeting is arranged under subsection (1) above, the Principal Reporter shall give notice to the child in respect of whom the proceedings are to be commenced and any relevant person in relation to the child—
of the arrangement of the meeting and of the matters which may be considered and determined by the meeting;
of their right to make their views on those matters known to the Principal Reporter; and
of the duty of the Principal Reporter to present those views to the meeting.
A business meeting, subject to subsection (4) below—
shall determine such procedural and other matters as may be prescribed by rules under subsection (1) of section 42 of this Act by virtue of subsection (2)(a) of that section; and
may give such direction or guidance to the Principal Reporter in relation to the performance of his functions in relation to the proceedings as they think appropriate.
Before a business meeting makes such a determination or gives such direction or guidance to the Principal Reporter, the Principal Reporter shall present, and they shall consider, any views expressed to him by virtue of subsection (2)(b) above.
Subject to any rules made under section 42(1) of this Act by virtue of subsection (2)(a) of that section and with the exception of sections 44 and, as regards any determination made by the business meeting under subsection (3)(a) above, 51, the provisions of this Act which relate to a children’s hearing shall not apply to a business meeting.
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The Principal Reporter shall refer to the children’s hearing, for consideration and determination on the merits, the case of any child in respect of whom he is satisfied that— and he shall state such grounds in accordance with rules made under section 41(1) of this Act by virtue of subsection (2)(c) of that section.
compulsory measures of supervision are necessary, and
at least one of the grounds specified in section 52(2) of this Act is established;
Where a referral is made in respect of a child who is subject to a child protection order made under section 57, and that order is continued under section 59(4) or 60(12)(d), of this Act, the Principal Reporter shall arrange for the children’s hearing under subsection (1) above to take place on the eighth working day after the order was implemented.
Where a referral is made in respect of a child who is subject to a supervision requirement, the children’s hearing shall, before disposing of the referral in accordance with section 69(1)(b) or (c) of this Act, review that requirement in accordance with subsections (9) to (12) of section 73 of this Act.
Subject to subsections (9) and (10) below, it shall be the duty of the chairman of the children’s hearing to whom a child’s case has been referred under subsection (1) above to explain to the child and the relevant person, at the opening of proceedings on the referral, the grounds stated by the Principal Reporter for the referral in order to ascertain whether these grounds are accepted in whole or in part by them.
Where the chairman has given the explanation required by subsection (3) above and the child and the relevant person accept the grounds for the referral, the children’s hearing shall proceed in accordance with section 69 of this Act.
Where the chairman has given the explanation required by subsection (3) above and the child and the relevant person accept the grounds in part, the children’s hearing may, if they consider it appropriate to do so, proceed in accordance with section 69 of this Act with respect to those grounds which are accepted.
Where the chairman has given the explanation required under subsection (3) above and either or both of the child and the relevant person— the hearing shall either direct the Principal Reporter to make an application to the sheriff for a finding as to whether such grounds for the referral as are not accepted by the child and the relevant person are established or shall discharge the referral.
do not accept the grounds for the referral; or
accept the grounds in part, but the children’s hearing do not consider it appropriate to proceed with the case under subsection (6) above,
Subject to subsection (10) below, it shall be the duty of the chairman to explain to the child and to the relevant person the purpose for which the application to the sheriff is being made and to inform the child that he is under an obligation to attend the hearing before the sheriff.
Where a children’s hearing are satisfied that the child— they shall either direct the Principal Reporter to make an application to the sheriff for a finding as to whether any of the grounds of the referral are established or discharge the referral.
for any reason will not be capable of understanding the explanation of the grounds for the referral required under subsection (3) above; or
has not understood an explanation given under that subsection,
The acceptance by the relevant person of the grounds of the referral shall not be a requirement for a children’s hearing proceeding under this section to consider a case where that person is not present.
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Without prejudice to any other power enjoyed by them under this Part of this Act and subject to subsection (5) below, a children’s hearing— may, if they are satisfied that one of the conditions mentioned in subsection (2) below is met, grant a warrant under this subsection.
arranged to consider a child’s case under this Part of this Act; and
unable to dispose of the case,
The conditions referred to in subsection (1) above are—
that there is reason to believe that the child may—
not attend at any hearing of his case; or
fail to comply with a requirement under section 69(3) of this Act; or
that it is necessary that the child should be kept in a place of safety in order to safeguard or promote his welfare.
A warrant under subsection (1) above may require any person named in the warrant—
to find and to keep or, as the case may be, to keep the child in a place of safety for a period not exceeding twenty-two days after the warrent is granted;
to bring the child before a children’s hearing at such times as may be specified in the warrant.
A warrant under subsection (1) above may contain such conditions as appear to the children’s hearing to be necessary or expedient, and without prejudice to that generality may—
subject to section 90 of this Act, require the child to submit to any medical or other examination or treatment; and
regulate the contact with the child of any specified person or class of persons.
Subject to subsection (8) below, at any time prior to its expiry, a warrant granted under this section may, on an application to the children’s hearing, on cause shown by the Principal Reporter, be continued in force, whether with or without variation of any conditions imposed by virtue of subsection (4) above, by the children’s hearing for such further period, not exceeding twenty-two days, as appears to them to be necessary.
Where a children’s hearing are satisfied that either of the criteria specified in section 70(10) of this Act are satisfied, they may order that, pending the disposal of his case, the child shall be liable to be placed and kept in secure accommodation within a residential establishment at such times as the person in charge of that establishment, with the agreement of the chief social work officer of the relevant local authority, considers necessary.
Where a children’s hearing grant a warrant under subsection (1) above or continue such a warrant under subsection (5) above, they may order that the place of safety at which the child is to be kept shall not be disclosed to any person or class of persons specified in the order.
A child shall not be kept in a place of safety or secure accommodation by virtue of this section for a period exceeding sixty-six days from the day when he was first taken to a place of safety under a warrant granted under subsection (1) above.
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Where a child is being kept in a place of safety by virtue of a warrant granted under section 66 of this Act or under this subsection, the Principal Reporter at any time prior to the expiry of that warrant may apply to the sheriff for a warrant to keep the child in that place after the warrant granted under the said section 66 or, as the case may be, this subsection has expired.
A warrant under subsection (1) above shall only be granted on cause shown and—
shall specify the date on which it will expire; and
may contain any such requirement or condition as may be contained in a warrant granted under the said section 66.
Where the sheriff grants a warrant under subsection (1) above, he may also make an order under this subsection in such terms as are mentioned in subsection (6) or (7) of the said section 66; and any order under this subsection shall cease to have effect when the warrant expires.
An application under subsection (1) above may be made at the same time as, or during the hearing of, an application which the Principal Reporter has been directed by a children’s hearing to make under section 65(6) or (8) of this Act.
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This section applies to applications under subsections (6) and (8) of section 65 of this Act and a reference in this section (except in subsection (8)) to “an application” is a reference to an application under either of those subsections.
An application shall be heard by the sheriff within twenty-eight days of its being lodged.
Where one of the grounds for the referral to which an application relates is the condition referred to in section 52(2)(i)—
the application shall be made to the sheriff who would have jurisdiction if the child were being prosecuted for that offence; and
in hearing the application in relation to that ground, the standard of proof required in criminal proceedings shall apply.
A child shall— and without prejudice to the right of each of them to be legally represented, the child and the relevant person may be represented by a person other than a legally qualified person at any diet fixed by the sheriff for the hearing of the application.
have the right to attend the hearing of an application; and
subject to subsection (5) below, be under an obligation to attend such hearing;
Without prejudice to subsection (4)(a) above, the sheriff may dispense with the obligation imposed by subsection (4)(b) above where he is satisfied—
in an application in which the ground of referral to be established is a condition mentioned in section 52(2)(d), (e), (f) or (g) of this Act, that the obligation to attend of the child is not necessary for the just hearing of that application; and
in any application, that it would be detrimental to the interests of the child for him to be present at the hearing of the application.
Where the child fails to attend the hearing of an application at which his obligation to attend has not been dispensed with under subsection (5) above, the sheriff may grant an order to find and keep the child; and any order under this subsection shall be authority for bringing the child before the sheriff and, subject to subsection (7) below, for keeping him in a place of safety until the sheriff can hear the application.
The child shall not be kept in a place of safety by virtue of subsection (6) above after whichever is the earlier of—
the expiry of fourteen days beginning with the day on which the child is found; or
the disposal of the application by the sheriff.
Where in the course of the hearing of an application— dispense with the hearing of evidence relating to that ground and deem the ground to be established for the purposes of the application, unless he is satisfied that, in all the circumstances of the case, the evidence should be heard.
under section 65(7) of this Act, the child and the relevant person accept any of the grounds for referral to which the application relates, the sheriff shall; or
under section 65(8) of this Act, the relevant person accepts any of the grounds for referral to which the application relates, the sheriff may, if it appears to him reasonable to do so,
Where a sheriff decides that none of the grounds for referral in respect of which an application has been made are established, he shall dismiss the application, discharge the referral to the children’s hearing in respect of those grounds and recall, discharge or cancel any order, warrant, or direction under this Chapter of this Act which relates to the child in respect of those grounds.
Where the sheriff, after the hearing of any evidence or on acceptance in accordance with subsection (8) above, finds that any of the grounds for the referral to which the application relates is, or should be deemed to be, established—
he shall remit the case to the Principal Reporter to make arrangements for a children’s hearing to consider and determine the case; and
he may if he is satisfied that— issue an order requiring, subject to subsection (12) below, that the child be kept in a place of safety until the children’s hearing so sit.
keeping the child in a place of safety is necessary in the child’s best interests; or
there is reason to believe that the child will run away before the children’s hearing sit to consider the case,
An order issued under subsection (10) above may, if the sheriff is satisfied that either of the criteria mentioned in section 70(10) of this Act is fulfilled, provide that the child shall be liable to be placed and kept in secure accommodation within a residential establishment at such times as the person in charge of the establishment, with the agreement of the chief social work officer of the relevant local authority, considers necessary.
A child shall not be kept in a place of safety by virtue of subsection (10)(b) above after whichever is the earlier of the following—
the expiry of three days beginning with the day on which he is first so kept; or
the consideration of his case by the children’s hearing arranged under subsection (10)(a) above.
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Where the grounds of referral of the child’s case stated by the Principal Reporter are accepted or are established in accordance with section 67 or section 84 of this Act, the children’s hearing shall consider those grounds, any report obtained under section 56(7) of this Act and any other relevant information available to them and shall—
continue the case to a subsequent hearing in accordance with subsection (2) below;
discharge the referral of the case in accordance with subsection (12) below; or
make a supervision requirement under section 70 of this Act.
The children’s hearing may continue the case to a subsequent hearing under this subsection where they are satisfied that, in order to complete their consideration of the case, it is necessary to have a further investigation of the case.
Where a children’s hearing continue the case under subsection (2) above, they may, for the purposes of the investigation mentioned by that subsection, require the child to attend, or reside at, any clinic, hospital or other establishment during a period not exceeding twenty-two days.
Where a child fails to fulfil a requirement made under subsection (3) above, the children’s hearing may, either on an application by the Principal Reporter or of their own motion, grant a warrant under this subsection.
A warrant under subsection (4) above shall be authority—
to find the child;
to remove the child to a place of safety and keep him there; and
where the place of safety is not the clinic, hospital or other establishment referred to in the requirement made under subsection (3) above, to take the child from the place of safety to such clinic, hospital or other establishment for the purposes of the investigation mentioned in subsection (2) above.
A warrant under subsection (4) above shall be granted for such period as appears to the children’s hearing to be appropriate, provided that no warrant shall permit the keeping of a child in a place of safety after whichever is the earlier of—
the expiry of twenty-two days after the warrant is granted; or
the day on which the subsequent hearing of the child’s case by a children’s hearing begins.
Where a child’s case has been continued under subsection (2) above and the children’s hearing are satisfied that— they may grant a warrant requiring that the child be taken to and kept in a place of safety.
keeping the child in a place of safety is necessary in the interests of safeguarding or promoting the welfare of the child; or
there is reason to believe that the child may not attend the subsequent hearing of his case,
A warrant under subsection (7) above shall cease to have effect on whichever is the earlier of—
the expiry of twenty-two days after the warrant is granted; or
the day on which the subsequent hearing of the child’s case by a children’s hearing begins.
A warrant under subsection (4) or (7) above may contain such conditions as appear to the children’s hearing to be necessary or expedient, and without prejudice to that generality may—
subject to section 90 of this Act, require the child to submit to any medical or other examination or treatment;
regulate the contact with the child of any specified person or class of persons.
Where a child is to be kept at a place of safety under a warrant granted under this section or is to attend, or reside at, any place in accordance with a requirement made under subsection (3) above, the children’s hearing may order that such place shall not be disclosed to any person or class of persons specified in the order.
Where a child is to reside in a residential establishment by virtue of a requirement made or warrant granted under this section, the children’s hearing may, if satisfied that either of the criteria mentioned in section 70(10) of this Act is fulfilled, order that while the requirement or warrant remains in effect he shall be liable to be placed in secure accommodation within that establishment at such times as the person in charge of the establishment, with the agreement of the chief social work officer of the relevant local authority, considers necessary.
Where a children’s hearing decide not to make a supervision requirement under section 70 of this Act they shall discharge the referral.
On the discharge of the referral of the child’s case any order, direction, or warrant under Chapter 2, or this Chapter, of this Act in respect of the child’s case shall cease to have effect.
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Where the children’s hearing to whom a child’s case has been referred under section 65(1) of this Act are satisfied that compulsory measures of supervision are necessary in respect of the child they may make a requirement under this section (to be known as a “supervision requirement”).
A children’s hearing, where they decide to make such a requirement, shall consider whether to impose any condition such as is described in subsection (5)(b) below.
A supervision requirement may require the child—
to reside at any place or places specified in the requirement; and
to comply with any condition contained in the requirement.
The place or, as the case may be, places specified in a requirement under subsection (3)(a) above may, without prejudice to the generality of that subsection, be a place or places in England or Wales; and a supervision requirement shall be authority for the person in charge of such a place to restrict the child’s liberty to such extent as that person may consider appropriate, having regard to the terms of the requirement.
A condition imposed under subsection (3)(b) above may, without prejudice to the generality of that subsection—
subject to section 90 of this Act, require the child to submit to any medical or other examination or treatment;
regulate the contact with the child of any specified person or class of persons.
A children’s hearing may require, when making a supervision requirement, that any place where the child is to reside in accordance with the supervision requirement shall not be disclosed to any person specified in the requirement under this subsection or class of persons so specified.
A children’s hearing who make a supervision requirement may determine that the requirement shall be reviewed at such time during the duration of the requirement as they determine.
A supervision requirement shall be in such form as the Secretary of State may prescribe by rules.
Where a children’s hearing are satisfied— they may specify in the requirement that the child shall be liable to be placed and kept in secure accommodation in that establishment during such period as the person in charge of that establishment, with the agreement of the chief social work officer of the relevant local authority, considers necessary.
that it is necessary to make a supervision requirement which includes a requirement under subsection (3)(a) above that the child reside in a named residential establishment; and
that any of the criteria specified in subsection (10) below are satisfied,
The criteria referred to in subsection (9) above are that the child—
having previously absconded, is likely to abscond unless kept in secure accommodation, and, if he absconds, it is likely that his physical, mental or moral welfare will be at risk; or
is likely to injure himself or some other person unless he is kept in such accommodation.
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The relevant local authority shall, as respects a child subject to a supervision requirement, give effect to the requirement.
Where a supervision requirement provides that the child shall reside— the relevant local authority shall from time to time investigate whether, while the child is so resident, any conditions imposed by the supervision requirement are being fulfilled; and may take such steps as they consider reasonable if they find that such conditions are not being fulfilled.
in relevant accommodation; or
in any other accommodation not provided by a local authority,
In this section, “relevant accommodation” means accommodation provided by the parents or relatives of the child or by any person associated with them or with the child.
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In any case of urgent necessity, where it is in the interests of— the chief social work officer of the relevant local authority may direct that, notwithstanding that requirement, the child be transferred to another place.
a child who is required by a supervision requirement imposed under section 70(3)(a) of this Act to reside in a specific residential establishment or specific other accommodation; or
other children in that establishment or accommodation,
Any child transferred under subsection (1) above shall have his case reviewed, in accordance with section 73(8) of this Act, by a children’s hearing within seven days of his transfer.
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No child shall continue to be subject to a supervision requirement for any period longer than is necessary in the interests of promoting or safeguarding his welfare.
Subject to any variation or continuation of a supervision requirement under subsection (9) below, no supervision requirement shall remain in force for a period longer than one year.
A supervision requirement shall cease to have effect in respect of a child not later than on his attaining the age of eighteen years.
A relevant local authority shall refer the case of a child who is subject to a supervision requirement to the Principal Reporter where they are satisfied that—
the requirement in respect of the child ought to cease to have effect or be varied;
a condition contained in the requirement is not being complied with; or
the best interests of the child would be served by their— and they intend to apply for such an order or so place the child.
applying under section 86 of this Act for a parental responsibilities order;
applying under section 18 of the Adoption (Scotland) Act 1978 for an order freeing the child for adoption; or
placing the child for adoption,
Where the relevant local authority are aware that an application has been made and is pending, or is about to be made, under section 12 of the said Act of 1978 for an adoption order in respect of a child who is subject to a supervision requirement, they shall forthwith refer his case to the Principal Reporter.
A child or any relevant person may require a review of a supervision requirement in respect of the child at any time at least three months after—
the date on which the requirement is made; or
the date of the most recent continuation, or variation, by virtue of this section of the requirement.
Where a child is subject to a supervision requirement and, otherwise than in accordance with that requirement or with an order under section 11 of this Act, a relevant person proposes to take the child to live outwith Scotland, the person shall, not later than twenty-eight days before so taking the child, give notice of that proposal in writing to the Principal Reporter and to the relevant authority.
The Principal Reporter shall—
arrange for a children’s hearing to review any supervision requirement in respect of a child where—
the case has been referred to him under subsection (4) or (5) above;
the review has been required under subsection (6) above;
the review is required by virtue of section 70(7) or section 72(2) of this Act;
he has received in respect of the child such notice as is mentioned in subsection (7) above; or
in any other case, the supervision requirement will expire within three months; and
make any arrangements incidental to that review.
Where a supervision requirement is reviewed by a children’s hearing arranged under subsection (8) above, they may—
where they are satisfied that in order to complete the review of the supervision requirement it is necessary to have a further investigation of the child’s case, continue the review to a subsequent hearing;
terminate the requirement;
vary the requirement;
insert in the requirement any requirement which could have been imposed by them under section 70(3) of this Act; or
continue the requirement, with or without such variation or insertion.
Subsections (3) to (10) of section 69 of this Act shall apply to a continuation under paragraph (a) of subsection (9) above of a review of a supervision requirement as they apply to the continuation of a case under subsection (1)(a) of that section.
Where a children’s hearing vary or impose a requirement under subsection (9) above which requires the child to reside in any specified place or places, they may order that such place or places shall not be disclosed to any person or class of persons specified in the requirement.
Where a children’s hearing is arranged under subsection (8)(a)(v) above, they shall consider whether, if the supervision requirement is not continued, the child still requires supervision or guidance; and where a children’s hearing consider such supervision or guidance is necessary, it shall be the duty of the local authority to provide such supervision or guidance as the child is willing to accept.
Where a children’s hearing is arranged by virtue of subsection (4)(c) or (5) above, then irrespective of what the hearing do under subsection (9) above they shall draw up a report which shall provide advice in respect of, as the case may be, the proposed application under section 86 of this Act or under section 18 of the said Act of 1978, or the proposed placing for adoption or the application, or prospective application, under section 12 of that Act, for any court which may subsequently require to come to a decision, in relation to the child concerned, such as is mentioned in subsection (14) below.
A court which is considering whether, in relation to a child, to grant an application under section 86 of this Act or under section 18 or 12 of the said Act of 1978 and which, by virtue of subsection (13) above, receives a report as respects that child, shall consider the report before coming to a decision in the matter.
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for the transmission of information regarding a child who is subject to a supervision requirement to any person who, by virtue of that requirement, has, or is to have, control over the child;
for the temporary accommodation, where necessary, of a child so subject; and
for the conveyance of a child so subject—
to any place in which, under the supervision requirement, he is to reside;
to any place to which he falls to be taken under subsection (1) or (5) of section 82 of this Act; or
to any person to whom he falls to be returned under subsection (3) of that section.
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The Secretary of State may by regulations make provision with respect to the placing in secure accommodation of any child—
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who is not subject to a compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance (all within the meaning of the Children's Hearings (Scotland) Act 2011) but who is being looked after by a local authority in pursuance of such enactments as may be specified in the regulations.
Regulations under subsection (1) above may—
specify the circumstances in which a child may be so placed under the regulations;
make provision to enable a child who has been so placed or any relevant person to require that the child’s case be brought before a children’s hearing within a shorter period than would apply under regulations made under subsection (3) below; and
specify different circumstances for different cases or classes of case.
Subject to subsection (4) below and without prejudice to subsection (2)(b) above, the Secretary of State may prescribe—
the maximum period during which a child may be kept under this Act in secure accommodation without the authority of a children’s hearing or of the sheriff;
the period within which a children’s hearing shall be arranged to consider the case of a child placed in secure accommodation by virtue of regulations made under this section (and different periods may be so prescribed in respect of different cases or classes of case).
In subsection (2), “relevant person” has the meaning given by section 200 of the Children's Hearings (Scotland) Act 2011 and includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act.
A child may not be kept in secure accommodation by virtue of regulations made under this section for a period exceeding 66 days from the day when the child was first taken to the secure accommodation.
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The Secretary of State may by regulations make provision for the procedures to be applied in placing children in secure accommodation; and without prejudice to the generality of this subsection, such regulations may—
specify the duties of the Principal Reporter in relation to the placing of children in secure accommodation;
make provision for the referral of cases to a children’s hearing for review; and
make provision for any person with parental responsibilities in relation to the child to be informed of the placing of the child in secure accommodation.
Subject to subsections (3) to (9) below, where on the application of a local authority the sheriff is satisfied, in relation to a child, that the conditions mentioned in subsection (2) below are met, he may grant an order under this section (to be known as “an exclusion order”) excluding from the child’s family home any person named in the order (in this Part of this Act referred to as the “named person”).
The conditions are—
that the child has suffered, is suffering, or is likely to suffer, significant harm as a result of any conduct, or any threatened or reasonably apprehended conduct, of the named person;
that the making of an exclusion order against the named person—
is necessary for the protection of the child, irrespective of whether the child is for the time being residing in the family home; and
would better safeguard the child’s welfare than the removal of the child from the family home; and
that, if an order is made, there will be a person specified in the application who is capable of taking responsibility for the provision of appropriate care for the child and any other member of the family who requires such care and who is, or will be, residing in the family home (in this section, sections 77 to 79and section 91(3)(f) of this Act referred to as an “appropriate person”).
No application under subsection (1) above for an exclusion order shall be finally determined under this section unless—
the named person has been afforded an opportunity of being heard by, or represented before, the sheriff; and
the sheriff has considered any views expressed by any person on whom notice of the application has been served in accordance with rules making such provision as is mentioned in section 91(3)(d) of this Act.
Where, on an application under subsection (1) above, the sheriff— he may grant an interim order, which shall have effect as an exclusion order pending a hearing by the sheriff under subsection (5) below held within such period as may be specified in rules made by virtue of section 91(3)(e) of this Act.
is satisfied as mentioned in that subsection; but
the conditions mentioned in paragraphs (a) and (b) of subsection (3) above for the final determination of the application are not fulfilled,
The sheriff shall conduct a hearing under this subsection within such period as may be specified in rules made by virtue of section 91(3)(e) of this Act, and, if satisfied at that hearing as mentioned in subsection (1) above, he may, before finally determining the application, confirm or vary the interim order, or any term or condition on which it was granted, or may recall such order.
Where the conditions mentioned in paragraphs (a) and (b) of subsection (3) above have been fulfilled, the sheriff may, at any point prior to the final determination of the application, grant an interim order.
An order under subsection (5) or (6) above shall have effect as an exclusion order pending the final determination of the application.
Where— he may make a child protection order as if the application had been duly made by the local authority under that Part rather than under this section.
an application is made under subsection (1) above; and
the sheriff considers that the conditions for making a child protection order under Part 5 of the Children's Hearings (Scotland) Act 2011 are satisfied,
The sheriff shall not make an exclusion order if it appears to him that to do so would be unjustifiable or unreasonable, having regard to—
all the circumstances of the case, including without prejudice to the generality of this subsection the matters specified in subsection (10) below; and
any requirement such as is specified in subsection (11) below and the likely consequences in the light of that requirement of the exclusion of the named person from the family home.
The matters referred to in subsection (9)(a) above are—
the conduct of the members of the child’s family (whether in relation to each other or otherwise);
the respective needs and financial resources of the members of that family;
the extent (if any) to which— is used in connection with a trade, business or profession by any member of the family.
the family home; and
any relevant item in that home,
The requirement referred to in subsection (9)(b) above is a requirement that the named person (whether alone or with any other person) must reside in the family home, where that home—
is on or comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or in a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act); or
is let, or is a home in respect of which possession is given, to the named person (whether alone or with any other person) by an employer as an incident of employment.
In this Part of this Act—
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“child” means, where the expression is not otherwise defined, a person under the age of eighteen years;
The description of person referred to in the definition of “family home” in subsection (12) above, is a person who has parental responsibilities in relation to the child, or who ordinarily (and other than by reason only of his employment) has charge of, or control over him.
An exclusion order shall, in respect of the home to which it relates, have the effect of suspending the named person’s rights of occupancy (if any) and shall prevent him from entering the home, except with the express permission of the local authority which applied for the order.
The sheriff, on the application of the local authority, may, if and in so far as he thinks fit, when making an exclusion order do any of the things mentioned in subsection (3) below.
The things referred to in subsection (2) above are— and the sheriff may make any other order which he considers is necessary for the proper enforcement of a remedy granted by virtue of paragraph (a), (b) or (c) of this subsection.
grant a warrant for the summary ejection of the named person from the home;
grant an interdict prohibiting the named person from entering the home without the express permission of the local authority;
grant an interdict prohibiting the removal by the named person of any relevant item specified in the interdict from the home, except either—
with the written consent of the local authority, or of an appropriate person; or
by virtue of a subsequent order of the sheriff;
grant an interdict prohibiting the named person from entering or remaining in a specified area in the vicinity of the home;
grant an interdict prohibiting the taking by the named person of any step of a kind specified in the interdict in relation to the child;
make an order regulating the contact between the child and the named person,
No warrant, interdict or order (except an interdict granted by virtue of paragraph (b) of subsection (3) above) shall be granted or made under subsection (2) above if the named person satisfies the sheriff that it is unnecessary to do so.
Where the sheriff grants a warrant of summary ejection under subsection (2) above in the absence of the named person, he may give directions as to the preservation of any of that person’s goods and effects which remain in the family home.
The sheriff may make an order of the kind specified in subsection (3)(f) above irrespective of whether there has been an application for such an order.
On the application of either the named person or the local authority, the sheriff may make the exclusion order, or any remedy granted under subsection (2) above, subject to such terms and conditions as he considers appropriate.
In this Part of this Act references to a “relevant item” are references to any item within the home which both— but does not include any such vehicle, caravan or houseboat or such other structure so used as is mentioned in the definition of “family home” in section 76(12) of this Act.
is owned or hired by any member of the family concerned or an appropriate person or is being acquired by any such member or person under a hire purchase agreement or conditional sale agreement; and
is reasonably necessary to enable the home to be used as a family residence,
The sheriff may, whether or not on an application such as is mentioned in subsection (2) below, attach a power of arrest to any interdict granted under section 77(2) of this Act by virtue of subsection (3) of that section.
A local authority may at any time while an exclusion order has effect apply for such attachment of a power of arrest as is mentioned in subsection (1) above.
A power of arrest attached to an interdict by virtue of subsection (1) above shall not have effect until such interdict, together with the attached power of arrest, is served on the named person.
If, by virtue of subsection (1) above, a power of arrest is attached to an interdict, the local authority shall, as soon as possible after the interdict, together with the attached power of arrest, is served on the named person, ensure that there is delivered to the chief constable of the Police Service of Scotland — a copy of the application for the interdict and of the interlocutor granting the interdict together with a certificate of service of the interdict and, where the application to attach the power of arrest was made after the interdict was granted, a copy of that application and of the interlocutor above granting it and a certificate of service of the interdict together with the attached power of arrest.
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Where any interdict to which a power of arrest is attached by virtue of subsection (1) above is varied or recalled, the person who applied for the variation or recall shall ensure that there is delivered to the chief constable of the Police Service of Scotland a copy of the application for such variation or recall and of the interlocutor granting the variation or recall.
A constable may arrest without warrant the named person if he has reasonable cause for suspecting that person to be in breach of an interdict to which a power of arrest has been attached by virtue of subsection (1) above.
Where a person has been arrested under subsection (6) above, the constable in charge of a police station may—
if satisfied there is no likelihood of that person further breaching the interdict to which the power of arrest was attached under subsection (1) above, liberate him unconditionally; or
refuse to liberate that person.
Such a refusal to liberate an arrested person as is mentioned in subsection (7)(b) above, and the detention of that person until his appearance in court by virtue of either subsection (11) below, or any provision of the Criminal Procedure (Scotland) Act 1995, shall not subject that constable to any claim whatsoever.
Where a person has been liberated under subsection (7)(a) above, the facts and circumstances which gave rise to the arrest shall be reported to the procurator fiscal forthwith.
Subsections (11) to (13) below apply only where—
the arrested person has not been released under subsection (7)(a) above; ...
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A person arrested under subsection (6) above shall wherever practicable be brought before the sheriff sitting as a court of summary criminal jurisdiction for the district in which he was arrested not later than in the course of the first day after the arrest, such day not being a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the said Act of 1995, on which the sheriff is not sitting for the disposal of criminal business.
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Where this subsection applies — and in computing the period of two days referred to in paragraphs (a) and (b) above, no account shall be taken of a Saturday, a Sunday or any holiday in the court in which proceedings for breach of interdict will require to be raised.
the procurator fiscal shall present to the court a petition containing—
a statement of the particulars of the person arrested under subsection (6) above;
a statement of the facts and circumstances which gave rise to that arrest; and
a request that the person be detained for a further period not exceeding two days;
the sheriff, if it appears to him that— may order the arrested person to be detained for a period not exceeding two days; and
the statement referred to in paragraph (a)(ii) above discloses aprima facie breach of interdict by the arrested person;
proceedings for breach of interdict will be taken; and
there is a substantial risk of violence by the arrested person against any member of the family, or an appropriate person, resident in the family home,
the sheriff shall, in any case in which paragraph (b) above does not apply, order the release of the arrested person from custody (unless that person is in custody in respect of some other matter);
Subsection (13) applies where—
a person is brought before the sheriff under subsection (11) above; and
the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.
Where this subsection applies, the procurator fiscal shall at the earliest opportunity, and, where the conditions in subsection (13A)(b) above are met, before the person is brought before the sheriff, take all reasonable steps to intimate to— that he has decided that no criminal proceedings should be taken in respect of the facts and circumstances which gave rise to the arrest of the named person.
Subsection (14) applies where—
a person has been liberated under subsection (7)(a) above; or
the following conditions are met—
a person is to be brought before the sheriff under subsection (11) above; and
the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.
Subject to subsection (2) below, an exclusion order shall cease to have effect on a date six months after being made.
An exclusion order shall cease to have effect on a date prior to the date mentioned in subsection (1) above where—
the order contains a direction by the sheriff that it shall cease to have effect on that prior date;
the sheriff, on an application under subsection (3) below, recalls the order before the date so mentioned; or
any permission given by a third party to the spouse or partner of the named person, or to an appropriate person, to occupy the home to which the order relates is withdrawn.
The sheriff may, on the application of the local authority, the named person, an appropriate person or the spouse or partner of the named person, if that spouse or partner is not excluded from the family home and is not an appropriate person, vary or recall an exclusion order and any warrant, interdict, order or direction granted or made under section 77 of this Act.
For the purposes of this section, partners are persons who live together in a family home as if they were husband and wife.
The Secretary of State may make regulations with respect to the powers, duties and functions of local authorities in relation to exclusion orders.
An application for an exclusion order, or under section 79(3) of this Act for the variation or recall of such an order or of any thing done under section 77(2) of this Act, shall be made to the sheriff for the sheriffdom within which the family home is situated.
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any person acting under a child protection order;
any person acting under an authorisation granted under section 61(1) or (2) of this Act; or
a constable acting under section 61(5) of this Act,
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A child who absconds— may be arrested without warrant in any part of the United Kingdom and taken to the place of safety or as the case may be the relevant place; and a court which is satisfied that there are reasonable grounds for believing that the child is within any premises may, where there is such power of arrest, grant a warrant authorising a constable to enter those premises and search for the child using reasonable force if necessary.
from a place of safety in which he is being kept under or by virtue of this Part of this Act;
from a place (in this section referred to as a “relevant place”) which, though not a place of safety such as is mentioned in paragraph (a) above, is a residential establishment in which he is required to reside by virtue of section 70(3)(a) of this Act or a hospital or other institution in which he is temporarily residing while subject to such a requirement; or
from a person who, by virtue of a supervision requirement or of section 74 of this Act, has control over him while he is being taken to, is awaiting being taken to, or (whether or not by reason of being on leave) is temporarily away from, such place of safety or relevant place,
Without prejudice to the generality of subsection (1) above, a child who at the end of a period of leave from a place of safety or relevant place fails to return there shall, for the purposes of this section, be taken to have absconded.
A child who absconds from a person who, not being a person mentioned in paragraph (c) of subsection (1) above, is a person who has control over him by virtue of a supervision requirement may, subject to the same provisions as those to which an arrest under that subsection is subject, be arrested as is mentioned in that subsection and returned to that person; and the provision in that subsection for a warrant to be granted shall apply as respects such a child as it applies as respects a child mentioned in that subsection.
If a child— but the occupier of that place of safety or of that relevant place, or as the case may be that person, is unwilling or unable to receive him, that circumstance shall be intimated forthwith to the Principal Reporter.
is taken under subsection (1) above to a place of safety or relevant place; or
is returned under subsection (3) above to a person,
Where intimation is required by subsection (4) above as respects a child, he shall be kept in a place of safety until—
in a case where he is subject to a supervision requirement, he can be brought before a children’s hearing for that requirement to be reviewed; or
in any other case, the Principal Reporter has, in accordance with section 56(6) of this Act, considered whether compulsory measures of supervision are required in respect of him.
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knowingly assists or induces a child to abscond in circumstances which render the child liable to arrest under subsection (1) or (3) of section 82 of this Act;
knowingly and persistently attempts to induce a child so to abscond;
knowingly harbours or conceals a child who has so absconded; or
knowingly prevents a child from returning— shall, subject to section 38(3) and (4) of this Act, to section 52(5) and (6) of the Children Act 1989 and to Article 70(5) and (6) of the Children (Northern Ireland) Order 1995 (analogous provision for England and Wales and for Northern Ireland), be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
to a place mentioned in paragraph (a) or (b) of the said subsection (1);
to a person mentioned in paragraph (c) of that subsection, or in the said subsection (3),
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Subject to subsections (3) and (4) below, where subsection (2) below applies an application may be made to the sheriff for a review of a finding such as is mentioned in section 68(10) of this Act.
This subsection applies where the sheriff, on an application made by virtue of subsection (6) or (8) of section 65 of this Act (in this section referred to as the “original application”), finds that any of the grounds of referral is established.
An application under subsection (1) above may only be made where the applicant claims—
to have evidence which was not considered by the sheriff on the original application, being evidence the existence or significance of which might materially have affected the determination of the original application;
that such evidence—
is likely to be credible and reliable; and
would have been admissible in relation to the ground of referral which was found to be established on the original application; and
that there is a reasonable explanation for the failure to lead such evidence on the original application.
An application under subsection (1) above may only be made by—
the child in respect of whom the ground of referral was found to be established; or
any person who is a relevant person in relation to that child.
Where the sheriff on an application under subsection (1) above is not satisfied that any of the claims made in the application are established he shall dismiss the application.
Where the sheriff is satisfied on an application under subsection (1) above that the claims made in the application are established, he shall consider the evidence and if, having considered it, he is satisfied that—
none of the grounds of referral in the original application to which the application relates is established, he shall allow the application, discharge the referral to the children’s hearing in respect of those grounds and proceed in accordance with subsection (7) below in relation to any supervision requirement made in respect of the child (whether or not varied under section 73 of this Act) in so far as it relates to any such ground; or
any ground of referral in the original application to which the application relates is established, he may proceed in accordance with section 68(10) of this Act.
Where the sheriff is satisfied as is mentioned in subsection (6)(a) above, he may—
order that any supervision requirement so mentioned shall terminate—
immediately; or
on such date as he may specify; or
if he is satisfied that there is evidence sufficient to establish any ground of referral, being a ground which was not stated in the original application, find such ground established and proceed in accordance with section 68(10) of this Act in relation to that ground.
Where the sheriff specifies a date for the termination of a supervision requirement in accordance with subsection (7)(a)(ii) above, he may, before such termination, order a variation of that requirement, of any requirement imposed under subsection (6) of section 70 of this Act, or of any determination made under subsection (7) of that section; and such variation may take effect—
immediately; or
on such date as he may specify.
Where the sheriff orders the termination of a supervision requirement in accordance with subsection (7)(a) above, he shall consider whether, after such termination, the child concerned will still require supervision or guidance; and where he considers that such supervision or guidance will be necessary he shall direct a local authority to provide it in accordance with subsection (10) below.
Where a sheriff has given a direction under subsection (9) above, it shall be the duty of the local authority to comply with that direction; but that duty shall be regarded as discharged where they offer such supervision or guidance to the child and he, being a child of sufficient age and maturity to understand what is being offered, is unwilling to accept it.
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On the application of a local authority the sheriff may make an order transferring (but only during such period as the order remains in force) the appropriate parental rights and responsibilities relating to a child to them; and any such order shall be known as a “parental responsibilities order”.
A parental responsibilities order shall not be made unless the sheriff is satisfied that each relevant person either—
freely, and with full understanding of what is involved, agrees unconditionally that the order be made; or
is a person who—
is not known, cannot be found or is incapable of giving agreement;
is withholding such agreement unreasonably;
has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child, that is to say the responsibility to safeguard and promote the child’s health, development and welfare or, if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis; or
has seriously ill-treated the child, whose reintegration into the same household as that person is, because of the serious ill-treatment or for other reasons, unlikely.
The reference in subsection (1) above to the appropriate parental rights and responsibilities relating to the child is to all parental rights and responsibilities except any right to agree, or decline to agree—
to the making of an application in relation to the child under section 18 (freeing for adoption) or 55 (adoption abroad) of the Adoption Act 1976, under section 18 or 49 of the Adoption (Scotland) Act 1978 or under Article 17, 18 or 57 of the Adoption (Northern Ireland) Order 1987 (corresponding provision for Scotland and Northern Ireland); or
to the making of an adoption order.
A person is a relevant person for the purposes of this section if he is a parent of the child or a person who for the time being has parental rights in relation to the child.
The sheriff may, in an order under this section impose such conditions as he considers appropriate; and he may vary or discharge such an order on the application of the local authority, of the child, of any person who immediately before the making of the order is a relevant person or of any other person claiming an interest.
An order under this section shall, if not first discharged by the sheriff, terminate on the occurrence of any of the following—
the child attains the age of eighteen years;
he becomes the subject—
of an adoption order within the meaning of the Adoption (Scotland) Act 1978; or
of an order under section 18 (freeing for adoption) or 55 (adoption abroad) of the Adoption Act 1976 under section 18 or 49 of the said Act of 1978 or under Article 17, 18 or 57 of the Adoption (Northern Ireland) Order 1987 (corresponding provision for Scotland and Northern Ireland);
an order is made for his return under Part I of the Child Abduction and Custody Act 1985; or
a decision, other than a decision mentioned in section 25(2) of the said Act of 1985 (decisions relating to rights of access), is registered with respect to him under section 16 of that Act.
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Subject to subsections (2) and (3) below, where a parental responsibilities order is made as respects a child it shall be the duty of the local authority which applied for it (in this section and in section 88 of this Act referred to as the “appropriate authority”) to fulfil the transferred responsibilities while the order remains in force.
Notwithstanding that a parental responsibilities order has been made as respects a child, the appropriate authority may allow, either for a fixed period or until the authority otherwise determine, the child to reside with a parent, guardian, relative or friend of his in any case where it appears to the authority that so to allow would be for the benefit of the child.
Without prejudice to any other provision of this Part of this Act, where by virtue of subsection (2) above a child is residing with a person, the appropriate authority may by notice in writing to the person require him to return the child to them by a time specified in the notice; and service of such notice shall be effected either by the authority leaving it in the person’s hands or by their sending it to him, at his and the child’s most recent known address, by recorded delivery service.
For the purposes of any application for a parental responsibilities order, rules shall provide for the appointment, in such cases as are prescribed by such rules— but one person may, as respects the child, be appointed both under paragraph (a) and under paragraph (b) above; so however that, where the applicant is a local authority, no employee of theirs shall be appointed under either or both of those paragraphs.
of a person to act as curator ad litem to the child in question at the hearing of the application, safeguarding the interests of the child in such manner as may be so prescribed; and
of a person (to be known as a “reporting officer”) to witness agreements to parental responsibilities orders and to perform such other duties as may be so prescribed,
Rules may provide for a person to be appointed reporting officer before the application in question is made.
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This section applies where a parental responsibilities order is being made, or as the case may be is in force, as respects a child.
The child shall, subject to subsection (3) below, be allowed reasonable contact by the appropriate authority with—
each person who, immediately before the making of the parental responsibilities order, is a relevant person for the purposes of section 86 of this Act as respects the child; and
where, immediately before that order was made—
a residence order or contact order was in force with respect to the child, the person in whose favour the residence order or contact order was made;
a person was entitled to have the child residing with him under an order by a court of competent jurisdiction, that person.
Without prejudice to subsection (4) below, on an application made to him by the child, by the appropriate authority or by any person with an interest, the sheriff may make such order as he considers appropriate as to the contact, if any, which is to be allowed between the child and any person specified in the order (whether or not a person described in paragraphs (a) and (b) of subsection (2) above).
A sheriff, on making a parental responsibilities order, or at any time while such an order remains in force as respects a child, may make an order under subsection (3) above as respects the child even where no application has been made to him in that regard.
An order under this section may impose such conditions as the sheriff considers appropriate; and he may vary or discharge such an order on the application of the child, the appropriate authority or any person with an interest.
An order under this section shall, if not first discharged by the sheriff, terminate when the parental responsibilities order to which it is referable does.
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fails to comply with a notice under section 87(3) of this Act;
harbours or conceals a child—
as respects whom a parental responsibilities order has been made; and
who has run away, or been taken away or whose return is required by such a notice; or
induces, assists or incites a child as respects whom any such order has been made to run away, or stay away, from a place where he is looked after or who takes away such a child from that place,
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section 66(4)(a), section 67(2) or section 69(9)(a) of this Act, in a warrant; or
section 70(5)(a) of this Act, in a supervision requirement,
All proceedings to which this section applies are civil proceedings for the purposes of section 32 of the Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in the sheriff court).
Any reference in this Part of this Act to regulation or prescription by rules in relation to any proceedings to which this section applies shall be construed, unless the context otherwise requires, as a reference to regulation or prescription by rules made under the said section 32.
Without prejudice to the generality of the said section 32, rules may make provision as to—
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the persons to whom notice of an application for an exclusion order or, under section 79(3) of this Act, for the recall or variation of such an order or of anything done under section 77(2) of this Act shall be given;
the period within which a hearing shall be held under subsection (5) of section 76 of this Act after the granting of an order under subsection (4) of that section;
the service of any exclusion order on the named person and the appropriate person within such period as may be specified in the rules.
In relation to any proceedings to which this section applies, rules may permit a party to such proceedings, in such circumstances as may be specified in the rules, to be represented by a person who is neither an advocate nor a solicitor.
This section applies to any application made to the sheriff, and any other proceeding before the sheriff (whether on appeal or otherwise), under any provision of this Part of this Act.
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In this Part of this Act, unless the context otherwise requires,—
“parental responsibilities order” has the meaning given by section 86(1) of this Act;
a voluntary home provided under Part VIII of that Order,
a community home within the meaning of section 53 of the Children Act 1989;
“relevant proceedings” shall be construed in accordance with paragraph 8(2) above.
For the purposes of—
Chapter 1 and this Chapter (except this section) of this Part and section 44, “child” means a person under the age of eighteen years; and
Chapter 2 (except section 44) and Chapter 3 ... of this Part—
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.
Any reference in this Part of this Act to a child—
being “in need”, is to his being in need of care and attention because—
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;
his health or development is likely significantly to be impaired, or further impaired, unless such services are so provided;
he is disabled; or
he is affected adversely by the disability of any other person in his family;
who is “looked after” by a local authority, shall be construed in accordance with section 17(6) of this Act.
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.
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In section 3 of the 1978 Act (approval of adoption societies)—
for subsections (1) and (2) substitute—;
in subsection (3)(a), the words “, including in particular its ability to make provision for children who are free for adoption” shall cease to have effect;
in subsection (5), for the words “areas within which” substitute “geographical areas within which, the services as respects which”;
in subsection (6), after the word “Service” insert “, or as the case may be to the applicant’s specified service”; and
in subsection (7)—
for the words “a period of” substitute “such period not exceeding”; and
after the word “operative” insert “as the Secretary of State may specify in the approval.”.
In section 4 of that Act (withdrawal of approval), after the word “Service” insert “, or as the case may be to the body’s specified service,”.
In section 65(1) of that Act (interpretation), in the definition of “adoption society”, after the word “for” insert “, or in connection with,”.
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In section 12 of the 1978 Act (making of adoption orders)—
in subsection (3), at the beginning, insert “Subject to subsection (3A)”; and
after subsection (3) insert—.
In section 15(1) of that Act (adoption by one person)—
after paragraph (a) insert—; and
not being a person who may make application by virtue of paragraph (aa) above,
In section 39 of that Act (status conferred by adoption), for subsection (1) substitute—.
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Schedule 2 to this Act, which contains further amendments of the 1978 Act, shall have effect.
In this Part of this Act, “the 1978 Act” means the Adoption (Scotland) Act 1978.
In paragraph (a) of section 14(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (duty of father and mother to give information of particulars of birth), for the words “father or mother of the child” substitute “ child’s father or mother (whether or not they have attained the age of sixteen years) ”.
Where, at any time after the coming into force of the Age of Legal Capacity (Scotland) Act 1991 but before the coming into force of subsection (1) above, a person mentioned in the said paragraph (a) who had not at that time attained the age of sixteen years purported to fulfill the duty mentioned in the said section 14(1), he shall be presumed to have had legal capacity to fulfill that duty.
In section 18 of the said Act of 1965 (registration of birth of child born out of wedlock), after subsection (2) add—.
Where, at any time after the coming into force of the Age of Legal Capacity (Scotland) Act 1991 but before the coming into force of subsection (3) above, a person who had not at that time attained the age of sixteen years made a request, declaration, statutory declaration or application mentioned in subsection (1) or (2) of the said section 18 in relation to a child in respect of whose birth an entry was consequently made under the said subsection (1) in a register of births, or as the case may be under the said subsection (2) in the Register of Corrections etc., the person shall be presumed to have had legal capacity to make the request, declaration, statutory declaration, or application in question.
After section 6A of the Social Work (Scotland) Act 1968 there shall be inserted—.
The Scottish Ministers may by regulations make provision for the establishment of one or more of each of the following—
a panel of persons from which curators ad litem may be appointed by virtue of section 108 of the Adoption and Children (Scotland) Act 2007 (asp 4) ...;
a panel of persons from which reporting officers may be appointed under either of those sections; ...
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Regulations under subsection (1) above may provide, without prejudice to generality of that subsection—
for the appointment, qualifications and training of persons who may be appointed to those panels; and
for the management and organisation of persons available for appointment from those panels.
Regulations under subsection (1) above may provide—
for the defrayment by local authorities of expenses incurred by members of any panel established by virtue of that subsection; and
for the payment by local authorities of fees and allowances for such members.
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Section 105 of the Children Act 1975 (which among other things provides that every five years there shall be laid before Parliament by the Secretary of State a report on the operation of such sections of that Act as are for the time being in force) shall cease to have effect.
A court may only appoint as a child welfare reporter a person who is included on the register maintained in accordance with subsection (2).
The Scottish Ministers must establish and maintain a register of persons who may be appointed to act as a child welfare reporter.
The Scottish Ministers may by regulations make provision for or in connection with—
the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications),
the processes for including a person on, and removing a person from, the register (including appeal rights),
the process for how, and by whom, a registered person is to be selected as the appointed child welfare reporter in a case,
the remuneration by the Scottish Ministers of child welfare reporters, including expenses and outlays,
the operation and management of the register.
Before making, revising or revoking regulations under subsection (3), the Scottish Ministers must consult persons with lived experience of—
domestic abuse,
court-ordered contact.
Regulations under subsection (3) are subject to the negative procedure.
Any reference in this Act, or in any enactment amended by this Act, to a person having, or to there being vested in him, parental responsibilities or parental rights shall, unless the context otherwise requires, be construed as a reference to his having, or to there being so vested, any of those rights or as the case may be responsibilities.
Any reference in this Act to something being “prescribed” is, unless the context otherwise requires, a reference to its being prescribed by regulations; and any power conferred by this Act on the Secretary of State or the Lord Advocate to make rules or regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Rules or regulations made under this Act—
may make different provision for different cases or classes of case; and
may exclude certain cases or classes of case.
The Scottish Ministers must establish and maintain a register of persons who may be appointed to act as a curator ad litem in accordance with section 11D.
The Scottish Ministers may by regulations make provision for or in connection with—
the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications),
the processes for including a person on, and removing a person from, the register (including appeal rights),
the process for how, and by whom, a registered person is to be selected as the appointed curator ad litem in a case,
the remuneration by the Scottish Ministers of curators ad litem appointed in accordance with section 11D, including expenses and outlays (such as counsel's fees),
the operation and management of the register.
Regulations under subsection (2) are subject to the negative procedure.
There shall be paid out of money provided by Parliament—
any expenses of the Secretary of State incurred in consequence of the provisions of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
The Scottish Ministers may by regulations make provision about the regulation of a contact service provided in relation to the requirements of a contact order.
Regulations under subsection (1) may in particular—
make provision for the minimum standards to be met by contact service providers, including qualifications and training of staff,
make provision for the registration of contact service providers that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights),
make provision for minimum standards to be met by contact centres (including standards in respect of accommodation),
make provision for the registration of contact centres that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights),
make provision about the conditions on which a regulated contact service provider may, in accordance with the regulations, provide a contact service at a place that is not registered as a contact centre (including conditions about the minimum standards for accommodation at a place if it is to be used for that purpose),
appoint a person or persons for the purposes of administering the registration of contact service providers and contact centres,
confer functions on the appointed person or persons,
determine the fees payable in connection with the registration of a contact service provider or contact centre.
Functions conferred by virtue of subsection (2)(g) may include—
inspecting contact centres, regulated contact service providers and contact service providers applying for registration,
having risk assessments of contact centres undertaken by persons trained in undertaking such assessments,
issuing reports on the inspection of contact centres, regulated contact service providers and contact service providers applying for registration,
issuing reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people,
refusing to register contact service providers and contact centres, and removing from a register regulated contact service providers and contact centres, that do not meet the minimum standards.
Regulations under subsection (1)—
may make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for giving full effect to the regulations,
are subject to the affirmative procedure.
In this section—
This Act, which subject to subsections (8) to (10) below extends to Scotland only— and different days may be appointed under paragraph (b) above for different purposes.
may be cited as the Children (Scotland) Act 1995; and
except for subsections (1), (2) and (6) to (10) of this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint;
An order under subsection (1)(b) above may contain such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.
The transitional provisions and savings contained in Schedule 3 to this Act shall have effect but are without prejudice to sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
Schedule 4 to this Act, which contains minor amendments and amendments consequential upon the provisions of this Act, shall have effect.
The enactments mentioned in Schedule 5 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
The Secretary of State may by order made by statutory instrument make such further amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.
A statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Sections 18, 26(2), 33, 44, ..., 93 and 104 of this Act and this section extend to England and Wales, and those sections and this section ... also extend to Northern Ireland; but—
subsection (4) of this section so extends—
to England and Wales, only in so far as it relates to paragraphs 8, 10, 19, 31, 37, 41(1), (2) and (7) to (9), 48 to 52, 54 and 55 of Schedule 4; and
to Northern Ireland, only in so far as it relates to paragraphs 31, 37, 41(1), (2) and (7) to (9), 54, 55 and 58 of that Schedule; and
subsection (5) of this section so extends—
to England and Wales, only in so far as it relates to the entries in Schedule 5 in respect of Part V of the Social Work (Scotland) Act 1968, the Maintenance Orders (Reciprocal Enforcement) Act 1972, section 35(4)(c) of the Family Law Act 1986, the Children Act 1989, the Child Support Act 1991 and the Education Act 1993; and
to Northern Ireland, only in so far as it relates to the entries in that Schedule in respect of Part V of the Social Work (Scotland) Act 1968, the Maintenance Orders (Reciprocal Enforcement) Act 1972 and section 35(4)(c) of the Family Law Act 1986.
This section, so far as it relates to the repeal of Part V of the Social Work (Scotland) 1968, also extends to the Channel Islands.
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