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Children’s Hearings (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

Contact orders and permanence orders

126Review of contact direction

(1)This section applies where, in relation to a child—

(a)a children’s hearing—

(i)makes a compulsory supervision order,

(ii)makes an interim compulsory supervision order, an interim variation of a compulsory supervision order or a medical examination order which is to have effect for more than 5 working days, or

(iii)continues or varies a compulsory supervision order under section 138, and

(b)the order contains (or is varied so as to contain) a measure of the type mentioned in section 83(2)(g) or 87(2)(e) (“a contact direction”).

(2)The Principal Reporter must arrange a children’s hearing for the purposes of reviewing the contact direction—

(a)if an order mentioned in subsection (3) is in force, or

(b)if requested to do so by an individual who claims that the conditions specified for the purposes of this paragraph in an order made by the Scottish Ministers are satisfied in relation to the individual.

(3)The orders are—

(a)a contact order regulating contact between an individual (other than a relevant person in relation to the child) and the child, or

(b)a permanence order which specifies arrangements for contact between such an individual and the child.

(4)The children’s hearing is to take place no later than 5 working days after the children’s hearing mentioned in subsection (1)(a).

(5)If a children’s hearing arranged by virtue of paragraph (b) of subsection (2) considers that the conditions specified for the purposes of that paragraph are not satisfied in relation to the individual, the children’s hearing must take no further action.

(6)In any other case, the children’s hearing may—

(a)confirm the decision of the children’s hearing mentioned in subsection (1)(a), or

(b)vary the compulsory supervision order, interim compulsory supervision order or medical examination order (but only by varying or removing the contact direction).

(7)Sections 73 and 74 do not apply in relation to a children’s hearing arranged by virtue of subsection (2).

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