Search Legislation

Children’s Hearings (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

Part 11Subsequent children’s hearings

119Children’s hearing following deferral or proceedings under Part 10

(1)This section applies where a children’s hearing is arranged by the Principal Reporter by virtue of section 91(2), 107(3), 108, 115(2) or 117(2)(b) or subsection (2).

(2)If the children’s hearing considers that it is appropriate to do so, the children’s hearing may defer making a decision on whether to make a compulsory supervision order until a subsequent children’s hearing.

(3)If the children’s hearing does not exercise the power conferred by subsection (2) the children’s hearing must—

(a)if satisfied that it is necessary to do so for the protection, guidance, treatment or control of the child, make a compulsory supervision order, or

(b)if not so satisfied, discharge the referral.

(4)Subsection (5) applies where—

(a)the child is excused by virtue of section 73(3) or 79(3)(a) or rules under section 177, or

(b)a relevant person in relation to the child is excused by virtue of section 74(3) or 79(3)(b) or rules under section 177.

(5)The children’s hearing may, despite the excusal, defer its decision to a subsequent children’s hearing under this section without further excusing the person.

120Powers of children’s hearing on deferral under section 119

(1)This section applies where under subsection (2) of section 119 a children’s hearing defers making a decision in relation to a child until a subsequent children’s hearing under that section.

(2)Subsection (3) applies if immediately before the children’s hearing which takes place under section 119 an interim compulsory supervision order was not in force in relation to the child.

(3)If the children’s hearing considers that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency to make an interim compulsory supervision order, the children’s hearing may make an interim compulsory supervision order in relation to the child.

(4)Subsection (5) applies if immediately before the children’s hearing which takes place under section 119 an interim compulsory supervision order was in force in relation to the child.

(5)If the children’s hearing is satisfied that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that a further interim compulsory supervision order be made, the children’s hearing may make a further interim compulsory supervision order in relation to the child.

(6)If the children’s hearing considers that it is necessary to do so for the purpose of obtaining any further information, or carrying out any further investigation, that is needed before the subsequent children’s hearing, the hearing may make a medical examination order.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources