Part 5Child assessment and child protection orders
Other emergency measures
55Application to justice of the peace
1
A person may apply to a justice of the peace for an order in respect of a child—
a
requiring any person in a position to do so to produce the child to a specified person,
b
authorising the removal of the child by the specified person to a place of safety and the keeping of the child in that place,
c
authorising the prevention of the removal of the child from any place where the child is staying.
2
A justice of the peace may make an order under this section if—
a
the justice of the peace is satisfied of—
i
in a case where the applicant for the order is a local authority, the matters mentioned in section 38(2)(a) to (d), or
ii
in a case where the applicant for the order is a local authority or any other person, the matters mentioned in section 39(2)(a) and (b), and
b
the justice of the peace is satisfied that it is not practicable in the circumstances for an application for a child protection order to be made to or considered by the sheriff.
3
As soon as practicable after the making of the order, the applicant must inform—
a
the Principal Reporter,
b
the person specified in the order under subsection (1)(a) (unless the person is the applicant).
4
The order ceases to have effect at the end of the period of 12 hours beginning with the making of the order if—
a
where the order authorises the removal of the child to a place of safety, the child has not been taken, or is not being taken, to that place within that period,
b
where the order authorises the prevention of the removal of the child from a place where the child is staying, arrangements have not been made within that period to prevent that removal.
5
Otherwise, the order ceases to have effect on the earlier of—
a
the end of the period of 24 hours beginning with the making of the order, or
b
the determination by the sheriff of an application to the sheriff for a child protection order in respect of the child.
6
The Principal Reporter may, by giving notice to the applicant, terminate the order if—
a
the Principal Reporter is satisfied that the conditions for the making of an order under this section are no longer satisfied, or
b
the Principal Reporter is satisfied that it is no longer in the best interests of the child for the order to continue to have effect.
7
In subsection (1), “specified” means specified in the order.
56Constable’s power to remove child to place of safety
1
A constable may remove a child to a place of safety and keep the child there if—
a
the constable is satisfied—
i
of the matters mentioned in section 39(2)(a), and
ii
that the removal of the child is necessary to protect the child from the harm mentioned there or from further harm, and
b
it is not practicable in the circumstances for an application for a child protection order to be made to or considered by the sheriff.
2
As soon as practicable after a constable removes a child under this section, the constable must inform the Principal Reporter.
3
The child may not be kept in a place of safety under this section for a period of more than 24 hours.
4
The child may not be kept in a place of safety under this section if—
a
a child protection order is in force in respect of the child, or
b
an application has been made to the sheriff for a child protection order or to a justice of the peace for an order under section 55 on the basis of the facts before the constable and that application has been refused.
5
The Principal Reporter may, by giving notice to the constable, require the constable to release the child if—
a
the Principal Reporter is satisfied that the conditions for placing the child in a place of safety under this section are no longer satisfied, or
b
the Principal Reporter is satisfied that it is no longer in the best interests of the child to be kept in a place of safety.
57Sections 55 and 56: regulations
1
The Scottish Ministers may by regulations make further provision in respect of a child removed to or kept in a place of safety—
a
under an order under section 55,
b
under section 56.
2
In particular, the regulations may require notice to be given to a person specified in the regulations of—
a
the removal of the child to the place of safety,
b
the location of the place of safety,
c
an order under section 55 ceasing to have effect by virtue of subsection (4) or (5) of that section.