The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013

JurisdictionScotland
CitationSSI 2013/211

2013 No. 211

Children And Young Persons

The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013

Made 18th June 2013

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 204 of the Children’s Hearings (Scotland) Act 20111and all other powers enabling them to do so.

In accordance with sections 197(2) and 204(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 and comes into force on the same day as section 7 of the Children’s Hearings (Scotland) Act 2011 (holding of children’s hearing).

S-2 Modification of enactments

Modification of enactments

2.—(1) Schedule 1, which makes modifications of certain enactments, has effect.

(2) The enactments specified in Schedule 2 are repealed to the extent specified.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

18th June 2013

SCHEDULE 1

Article 2(1)

MODIFICATION OF PRIMARY LEGISLATION

SCH-1.1

1. Social Work (Scotland) Act 1968

(1) The Social Work (Scotland) Act 19682is amended as follows.

(2) In section 1(1) (local authorities for the administration of the Act)3, for “or Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36)or Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

(3) In section 4 (provisions relating to performance of functions by local authorities)4, after “1995” insert “or any of Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

(4) In section 5 (powers of Scottish Ministers)5

(a)

(a) in subsection (1), after “1995” insert “, Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1)”;

(b)

(b) in subsection (1B), after paragraph (r) add—

“(s)

“(s) Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011(asp 1).”; and

(c)

(c) in subsection (2)(c), for “and (q)” substitute “, (q) and (s)”.

(5) In section 6A(1)(e) (inquiries into functions of Principal Reporter)6from “Part” to “1995” substitute “the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

(6) In section 9 (training courses and grants for training in social work)7, in each of subsections (1) and (2), for “or Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36)or the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

(7) In section 11(1) (compulsory purchase of land)8, for “or Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36)or the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

(8) In section 27(1)(b)(vi) (local authority to provide certain services in relation to children’s hearings)9, from “supervision” to the end substitute “compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children’s Hearings (Scotland) Act 2011 (asp 1);”.

(9) In section 59(1) (duty of local authority to provide residential and other establishments etc.)10, for “or Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36)or the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

(10) In section 78 (duty to make contributions in respect of children in care etc.)11

(a)

(a) in subsection (1), for “supervision requirement” substitute “compulsory supervision order”; and

(b)

(b) in subsection (2), for the words from “supervision” to “1995,” substitute “compulsory supervision order which”.

(11) In section 83(1) (variation of trusts), for “supervision requirement” substitute “compulsory supervision order”.

(12) In section 94(1) (interpretation)12

(a)

(a) after the definition of “community rehabilitation order” insert—

““compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),”;

(b)

(b) in the definition of “establishment”, for “or of Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36)or the Children’s Hearings (Scotland) Act 2011 (asp 1)”; and

(c)

(c) in the definition of “residential establishment”, for “or of Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36)or the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

SCH-1.2

2. Local Government (Scotland) Act 1973

In Schedule 7A to the Local Government (Scotland) Act 1973 (access to information: exempt information)13, in paragraph 5 of Part I, from “relating”, where it second occurs, to the end substitute “where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) information relating to the order.”.

SCH-1.3

3. Children Act 1975

In section 51(2) of the Children Act 1975 (restriction on removal of child where applicant has provided home for 3 years: exceptions)14

(a) the word “or” immediately after paragraph (ii) is repealed;

(b) in paragraph (iii), the words “, or authority or warrant granted,” and “2 or” are repealed; and

(c) after paragraph (iii) insert—

“(iv)

“(iv) in accordance with section 56 of the Children’s Hearings (Scotland) Act 2011 (asp 1)(constable’s power to remove child to place of safety); or

(v)

(v) in accordance with an order or warrant under that Act of 2011.”.

SCH-1.4

4. Education (Scotland) Act 1980

(1) The Education (Scotland) Act 198015is amended as follows.

(2) In section 36(3) (provision of information to Principal Reporter where failure to attend school regularly)16, for “53(1) of the Children (Scotland) Act 1995” substitute “60 of the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

(3) In section 44(2) (failure to attend school regularly: powers of court)17, for “54(1) of the Children (Scotland) Act 1995” substitute “62(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

(4) In section 131 (functions conferred by Act not to apply in relation to certain children etc.)18

(a)

(a) in paragraph (b) of subsection (2), for “supervision requirement” substitute “compulsory supervision order”; and

(b)

(b) after that subsection, insert—

SCH-1.3

“3 In this section—

“compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),

“residential establishment” has the meaning given by paragraph (a) of the definition of that expression in section 202(1) of that Act.”.

SCH-1.5

5. Foster Children (Scotland) Act 1984

(1) The Foster Children (Scotland) Act 198419is amended as follows.

(2) In section 7 (circumstances in which persons disqualified from keeping foster children)20

(a)

(a) in subsection (1), after paragraph (b) insert—

“(ba)

“(ba) by virtue of a compulsory supervision order or an interim compulsory supervision order, a child was removed from the person’s care;”; and

(b)

(b) after subsection (4), insert—

SCH-1.5

“5 In this section, “compulsory supervision order” and “interim compulsory supervision order” have the meanings given by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1).”.

(3) In section 13 (search warrants)21

(a)

(a) for “55 of the Children (Scotland) Act 1995” substitute “36 of the Children’s Hearings (Scotland) Act 2011 (asp 1)”; and

(b)

(b) for “(1)(a)” substitute “(2)(a)”.

(4) In section 21(1) (interpretation)22

(a)

(a) in the definition of “place of safety”, for “93(1) of the Children (Scotland) Act 1995 (c.36)” substitute “202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1)”; and

(b)

(b) in the definition of “residential establishment”—

(i) after “means” insert—

“(a)

“(a) ”; and

(ii) after “not” insert—

“; or

(b)

(b) a residential establishment as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1);”.

SCH-1.6

6. Civil Evidence (Scotland) Act 1988

In section 9 of the Civil Evidence (Scotland) Act 1988 (interpretation)23, in paragraph (a) of the definition of “civil proceedings”, from “under”, where it first occurs, to the end substitute “made by virtue of section 93(2)(a), 94(2)(a) or 110(2) of the Children’s Hearings (Scotland) Act 2011 (asp 1)except in so far as the application relates to the ground mentioned in section 67(2)(j) of that Act;”.

SCH-1.7

7. Local Government and Housing Act 1989

In section 14(5)(f) of the Local Government and Housing Act 1989 (voting rights of members of certain sub-committees)24, after “to” insert “(c) or”.

SCH-1.8

8. Civil Evidence (Family Mediation) (Scotland) Act 1995

In section 2(1)(d) of the Civil Evidence (Family Mediation) (Scotland) Act 1995 (exception to general rule of inadmissibility for certain civil proceedings relating to children)25, after sub-paragraph (iii) insert—

“(iiia)

“(iiia) under Part 5 or, as the case may be, any of Parts 8 to 16 of the Children’s Hearings (Scotland) Act 2011 (asp 1)before, or relating to, a children’s hearing, before a sheriff or before a justice of the peace;

(iiib)

(iiib) on any appeal arising from such proceedings as are mentioned in sub-paragraph (iiia);”.

SCH-1.9

9. Children (Scotland) Act 1995

(1) The Children (Scotland) Act 199526is amended as follows.

(2) In section 3(4) (parental responsibilities and parental rights: effect on actings where certain orders granted in relation to child or child’s property)27, from “supervision” to the end substitute “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...

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