Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Children's Hearings (Scotland) Act 2011

Type Act of the Scottish Parliament

Publication 2011-01-06

Last updated 2026-03-30

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) The functions of the Principal Reporter conferred by virtue of this Act or any other enactment (other than the duty imposed by paragraph 22) may be carried out on the Principal Reporter's behalf by a person employed by SCRA who is—

(a) authorised (whether specially or generally) by the Principal Reporter for the purpose, or

(b) a member of a class of person authorised (whether specially or generally) by the Principal Reporter for the purpose.

(2) Nothing in sub-paragraph (1) prevents the Principal Reporter from carrying out any function delegated under that sub-paragraph.

(3) The Scottish Ministers may by regulations prescribe the qualifications to be held by a person employed by SCRA to whom a function, or a function of a class, specified in the regulations is delegated.

(4) A function of the Principal Reporter may not be delegated to a person who is employed by both SCRA and a local authority unless SCRA consents to the delegation.

(5) The Principal Reporter may give directions about the carrying out of a delegated function.

(6) The persons to whom the function is delegated must comply with the direction.

Staff

11

(1) SCRA may employ any staff necessary to ensure the carrying out of SCRA's functions.

(2) Staff are employed on terms and conditions determined by SCRA and approved by the Scottish Ministers.

(3) SCRA may—

(a) pay a pension, allowance or gratuity, including by way of compensation for loss of employment, to or in respect of an eligible person,

(b) make payments towards the provision of a pension, allowance or gratuity, including by way of compensation for loss of employment, to or in respect of an eligible person,

(c) provide and maintain schemes (whether contributory or not) for the payment of a pension, allowance or gratuity, including by way of compensation for loss of employment, to or in respect of an eligible person.

(4) SCRA may, with the approval of the Scottish Ministers, determine—

(a) who, of the persons who are or have ceased to be employees of SCRA, are to be eligible persons, and

(b) the amount that may be paid or provided for.

(5) Sub-paragraphs (6) and (7) apply where—

(a) a person employed by SCRA becomes a member of SCRA, and

(b) the person was (because the person was an employee of SCRA) a participant in a pension scheme established and administered by SCRA for the benefit of its employees.

(6) SCRA may determine that the person's service as a member of SCRA is to be treated for the purposes of the scheme as service as an employee of SCRA whether or not any benefits are to be payable to or in respect of the person under paragraph 6.

(7) Any discretion which the scheme confers on SCRA as to the benefits payable to or in respect of the person is to be exercised only with the approval of the Scottish Ministers.

Appeals against dismissal

12

(1) A person employed by SCRA who is of a description or class specified in regulations made by the Scottish Ministers may appeal to the Scottish Ministers against dismissal by SCRA.

(2) SCRA is the respondent in an appeal under this paragraph.

(3) Regulations under sub-paragraph (1) may make provision about—

(a) the procedure for appeals under this paragraph,

(b) the effect of making such an appeal,

(c) the powers of the Scottish Ministers to dispose of such appeals (including powers to make directions about liability for expenses),

(d) the effect of the exercise of those powers.

Committees

13

(1) SCRA may establish committees.

(2) The members of committees may include persons who are not members of SCRA.

(3) A committee must not consist entirely of persons who are not members of SCRA.

(4) SCRA must pay to a person who is not a member of SCRA and who is appointed to a committee such remuneration and allowances as SCRA may, with the approval of the Scottish Ministers, determine.

(5) A committee must comply with any directions given to it by SCRA.

SCRA’s supplementary powers

14

(1) SCRA may do anything that it considers appropriate for the purposes of or in connection with its functions.

(2) SCRA may in particular—

(a) acquire and dispose of land and other property,

(b) enter into contracts,

(d) publish, or assist in the publication of, materials relating to those functions,

(e) promote, or assist in the promotion of, publicity relating to those functions.

Procedure

15

SCRA may determine—

(a) its own procedure (including quorum), and

(b) the procedure (including quorum) of any of its committees.

Delegation of SCRA’s functions

16

(1) Any function of SCRA (whether conferred by virtue of this Act or any other enactment) may be carried out on its behalf by—

(a) a member of SCRA,

(b) a committee of SCRA,

(d) any other person authorised (whether specially or generally) by it for the purpose.

(2) Nothing in sub-paragraph (1) prevents SCRA from carrying out any function delegated under that sub-paragraph.

Financial interests

17

(1) The Scottish Ministers must from time to time satisfy themselves that the members of SCRA have no financial or other interest that is likely to prejudicially affect the performance of their functions as members of SCRA.

(2) A member must comply with a requirement of the Scottish Ministers to give them any information that the Scottish Ministers consider necessary to enable them to comply with sub-paragraph (1).

Grants

18

(1) The Scottish Ministers may make grants to SCRA of amounts that they determine.

(2) A grant is made subject to any conditions specified by the Scottish Ministers (including conditions about repayment).

Accounts

19

(1) SCRA must—

(a) keep proper accounts and accounting records,

(b) prepare for each financial year a statement of accounts, and

(2) Each statement of accounts must comply with any directions given by the Scottish Ministers as to—

(a) the information to be contained in it,

(b) the manner in which the information is to be presented,

(3) The Scottish Ministers must send a copy of each statement of accounts to the Auditor General for Scotland for auditing.

(4) In this paragraph, “financial year” means each period of a year ending on 31 March.

Provision of accounts and other information to Scottish Ministers

20

(1) The Scottish Ministers may direct SCRA to give them accounts or other information specified in the direction relating to SCRA's property and activities or proposed activities.

(2) SCRA must—

(a) give the Scottish Ministers accounts or any other information that it is directed to give under sub-paragraph (1),

(b) give the Scottish Ministers facilities for the verification of the information given,

(c) permit any person authorised by the Scottish Ministers to inspect and make copies of accounts and any other documents of SCRA for the purposes of verifying the information given, and

(d) give the person an explanation, reasonably required by the person, of anything that the person is entitled to inspect.

SCRA’s annual report

21

(1) SCRA must, as soon as is reasonably practicable after the end of each financial year, prepare and submit to the Scottish Ministers a report on the carrying out of its functions during the year.

(2) The report must include a copy of so much of the report made to SCRA by the Principal Reporter as relates to the year.

(3) SCRA may include in the report any other information that it considers appropriate.

(4) The Scottish Ministers must lay before the Scottish Parliament each report submitted to them.

(5) In this section, “financial year” means each period of a year ending on 31 March.

Principal Reporter’s annual report

22

(1) The Principal Reporter must, as soon as is reasonably practicable after the end of each financial year, prepare and submit to SCRA a report on the carrying out during the year of the functions conferred on the Principal Reporter by virtue of this Act or any other enactment.

(2) The Principal Reporter may include in the report any other information that the Principal Reporter considers appropriate.

(3) In this paragraph, “financial year” means each period of a year ending on 31 March.

Validity of proceedings and actions

23

The validity of proceedings or actions of SCRA (including proceedings or actions of any of its committees) is not affected by—

(a) any vacancy in the membership of SCRA or any of its committees,

(b) any defect in the appointment of a member of SCRA or any of its committees, or

SCHEDULE 4

Interpretation

1

In this schedule—

“recognised” has the meaning given by section 178(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52),

“trade union” has the meaning given by section 1 of that Act, and

“transfer day”, in relation to a person, means the day on which a staff transfer order comes into force in relation to the person.

Staff transfer orders

2

(1) The Scottish Ministers may by order (a “staff transfer order”) make provision for or in connection with—

(a) the transfer of persons employed by SCRA to CHS,

(b) the transfer of persons employed by local authorities from authorities to CHS.

(2) A staff transfer order may in particular—

(a) prescribe rules by which the transfer of persons, or classes of person, specified in the order can be determined,

(b) require—

(i) in relation to persons employed by SCRA, SCRA and CHS acting jointly, or

(ii) in relation to persons employed by a local authority specified in the order, the local authority and CHS acting jointly,

to make a scheme in relation to the transfer of the persons to whom the order relates.

(3) Sub-paragraphs (4) and (5) apply where—

(a) an order includes a requirement of the sort mentioned in sub-paragraph (2)(b)(i) and SCRA and CHS are unable to comply with the requirement, or

(b) an order includes a requirement of the sort mentioned in sub-paragraph (2)(b)(ii) and the local authority and CHS are unable to comply with the requirement.

(4) The Scottish Ministers may determine the content of the scheme.

(5) The scheme is to be treated as if made in accordance with the requirement imposed by the order.

Schemes for transfer of staff: consultation

3

(1) Sub-paragraph (2) applies where a staff transfer order includes a requirement of the type mentioned in paragraph 2(2)(b)(i).

(2) SCRA must consult the persons mentioned in sub-paragraph (3) about the content of the scheme.

(3) Those persons are—

(a) persons employed by SCRA,

(b) the Principal Reporter,

(4) Sub-paragraph (5) applies where a staff transfer order includes a requirement of the type mentioned in paragraph 2(2)(b)(ii).

(5) The local authority must consult the persons mentioned in sub-paragraph (6) about the content of the scheme.

(6) Those persons are—

(a) persons employed by the local authority,

(b) representatives of any trade union recognised by the local authority.

Effect on existing contracts of employment

4

(1) This paragraph applies where—

(a) a person is to be transferred by virtue of a staff transfer order, and

(b) immediately before the transfer day the person has a contract of employment with the relevant employer.

(2) On and after the transfer day the contract of employment has effect as if originally made between the person and CHS.

(3) On the transfer day the rights, powers, duties and liabilities of the relevant employer under or in connection with the contract of employment of the person are transferred to CHS.

(4) Anything done before the transfer day by or in relation to the relevant employer in respect of the contract of employment or the person is to be treated on and after that day as having been done by or in relation to CHS.

(5) If, before the transfer day, the person gives notice to CHS or the relevant employer that the person objects to becoming a member of staff of CHS—

(a) the contract of employment with the relevant employer is, on the day immediately preceding the day that would, but for the objection, have been the transfer day, terminated, and

(b) the person is not to be treated (whether for the purpose of any enactment or otherwise) as having been dismissed by virtue of the giving of such notice.

(6) Nothing in this schedule prejudices any right of the person to terminate the contract of employment if a substantial detrimental change in the person's working conditions is made.

(7) The person has the right to terminate the contract of employment if—

(a) the identity of the relevant employer changes by virtue of the making of the staff transfer order, and

(b) it is shown that, in all the circumstances, the change is significant and detrimental to the person.

(8) In this paragraph “relevant employer”, in relation to a person, means—

(a) where the person has a contract of employment with SCRA, SCRA,

(b) where the person has a contract of employment with a local authority, the local authority.

Transfer of property etc. to CHS

5

(1) The Scottish Ministers may make a transfer scheme.

(2) A transfer scheme is a scheme making provision for or in connection with the transfer to CHS of property, rights, liabilities and obligations of any of the following—

(a) SCRA,

(b) a local authority,

(3) A transfer scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

(4) A transfer scheme may—

(a) specify different dates in relation to different property, rights, liabilities and obligations,

(b) make different provision in relation to different cases or classes of case.

(5) On the transfer date—

(a) any property or rights to which a transfer scheme applies transfer to and vest in CHS,

(b) any liabilities or obligations to which such a scheme applies become liabilities or obligations of CHS.

(6) A transfer scheme may make provision for the creation of rights, or the imposition of liabilities, in relation to the property, rights, liabilities or obligations transferred by virtue of the scheme.

(7) A certificate issued by the Scottish Ministers that any property, right, liability or obligation has, or has not, been transferred by virtue of a transfer scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

(8) A transfer scheme may in particular make provision about the continuation of legal proceedings.

(9) A transfer scheme may make provision for CHS to make any payment which—

(a) before a day specified in the scheme could have been made by a person specified in sub-paragraph (2)(a) or (b), but

(b) is not a liability which can become a liability of CHS by virtue of a transfer scheme.

(10) A transfer scheme may make provision for the payment by CHS of compensation in respect of property and rights transferred by virtue of the scheme.

(11) Before making a transfer scheme, the Scottish Ministers must consult—

(a) CHS,

(b) the person mentioned in sub-paragraph (2)(a) or (b) whose property, rights, liabilities and obligations (or any of them) are to be transferred by virtue of the scheme, and

(c) any other person with an interest in the property, rights, liabilities or obligations which are to be so transferred.

SCHEDULE 5

Legal Aid (Scotland) Act 1986 (c.47)

1

(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 4 (Scottish Legal Aid Fund)—

(a) in subsection (2)—

(i) in paragraph (aza), after sub-paragraph (ii) insert—

(iia) children's legal assistance;

, and

(ii) after paragraph (aza) insert—

(azb) any sums payable by the Board under contracts made by virtue of section 33B;

, and

(b) in subsection (3), after paragraph (cb) insert—

(cc) any contribution payable to the Board by any person in pursuance of section 28K of this Act;

(3) In section 4A (Scottish Legal Aid Board's power to make grants in respect of provision of civil legal aid etc.)—

(a) in subsection (2)—

(i) in paragraph (a) for the words from “aid” to “matters” substitute “ aid, advice and assistance in relation to civil matters or children's legal assistance ”,

(ii) in paragraph (b) after “matters” insert “ or children's matters ”, and

(iii) in paragraph (c) at the end add “ or children's matters ”,

(b) in subsection (13)—

(i) for the words “aid or advice and assistance” substitute “ aid, advice and assistance or children's legal aid ”, and

(ii) at the end add “ or children's legal aid ”, and

and “children's matters” means matters relating to children's hearings, pre-hearing panels (as defined in section 79(2)(a) of the 2011 Act) or proceedings under Part 10 or 15 of the 2011 Act

(4) In subsection (1A) of section 31 (selection of solicitors and counsel)—

(a) after paragraph (a), insert—

(aa) section 28M(3),

(b) after paragraph (d), insert—

(da) regulations made under section 33B(4),

, and

(5) In section 35A (Board's powers to obtain information from solicitors in certain cases)—

(a) after subsection (1) insert—

(1A) The Board may, for the purpose of determining whether— (a) a solicitor, an employee of the solicitor or an employee of the solicitor's firm may be committing a criminal offence in connection with children's legal assistance, (b) a solicitor may be seeking, in relation to children's legal assistance, to recover from the Fund money to which the solicitor is not entitled, as, for example, by performing unnecessary work, or (c) a solicitor or firm whose name appears on the register maintained under section 28M(1) is or may not be complying with the code of practice under section 28N for the time being in force, require the solicitor or firm to produce such information and documents relating wholly or partly to the provision of children's legal assistance as it may specify, at such time and place as it may specify.

, and

(b) in subsection (2), after “(1)” insert “ or (1A) ”.

(6) In section 35B (Board's powers of entry)—

(a) in subsection (1), after paragraph (c) insert

or (ca) a solicitor whose name appears on the register maintained under section 28M(1) may not be complying with the code of practice under section 28N for the time being in force;

(b) in subsection (2)—

(i) in paragraph (b), at the beginning insert “ in the case mentioned in subsection (2A), ”, and

(ii) after paragraph (b) insert—

(ba) in the case mentioned in subsection (2B), take possession of any documents which appear to him to relate, wholly or partly, to any children's legal assistance provided in or from those premises;

, and

(2A) The case mentioned in subsection (2)(b) is where the warrant is issued in pursuance of— (a) paragraph (a), (b) or (c) of subsection (1), or (b) paragraph (d) of subsection (1) where the requirement to produce the documents was made under subsection (1) of section 35A. (2B) The case mentioned in subsection (2)(ba) is where the warrant is issued in pursuance of— (a) paragraph (ca) of subsection (1), or (b) paragraph (d) of subsection (1) where the requirement to produce the documents was made under subsection (1A) of section 35A.

(7) In section 37(2) (regulations under Act which require to be laid in draft and approved by the Scottish Parliament before being made), after “24(4)” insert “ , 28C(3), 28K(2), 28L(1) or (8), ”.

(8) In section 41 (interpretation)—

(a) after “requires—” insert—

“the 2011 Act” means the Children's Hearings (Scotland) Act 2011 (asp 1);

(b) after the definition of “the Board” insert—

“children's legal aid” has the meaning given to it in section 28B(2) of this Act; “children's legal assistance” means— (a) children's legal aid, and (b) advice and assistance in relation to children's hearings, pre-hearing panels (as defined in section 79(2)(a) of the 2011 Act) or proceedings under Part 10 or 15 of the 2011 Act;

, and

(i) after “aid,”, where it third occurs, insert “ children's legal aid ”, and

(ii) the words from “or”, where it second occurs, to the end of the definition are repealed.

(9) In section 42 (disposable income and disposable capital: regulations), after subsection (3) insert—

(4) Regulations under this section may make different provision for— (a) children's legal aid and legal aid other than children's legal aid, (b) advice and assistance in relation to children's matters and advice and assistance other than advice and assistance in relation to children's matters. (5) In subsection (4)(b), “children's matters” has the meaning given by section 4A(14).

Children (Scotland) Act 1995 (c.36)

2

(1) The Children (Scotland) Act 1995 is amended as follows.

(2) In section 12 (restrictions on certain decrees)—

(a) in subsection (1), for “or 54 of this Act” substitute “ of this Act or section 62 of the Children's Hearings (Scotland) Act 2011 ”,

(b) in subsection (2)(a), for “or 54 of this Act” substitute “ of this Act or section 62 of the Children's Hearings (Scotland) Act 2011 ”.

(3) In section 16 (welfare of child and consideration of views)—

(a) in subsection (1)—

(i) the words “a children's hearing decide, or” are repealed,

(ii) the words “their or” are repealed,

(b) in subsection (2), the words “a children's hearing or as the case may be” are repealed,

(i) for “(4)(a)(i) or (ii) or (b)” substitute “ (4) ”,

(ii) the words “requirement or”, in both places where they occur, are repealed,

(iii) the words “the children's hearing consider, or as the case may be” are repealed,

(d) for subsection (4) substitute—

(4) The circumstances to which subsection (2) refers are that the sheriff is considering whether to make, vary or discharge an exclusion order.

(e) in subsection (5)—

(i) paragraph (a) is repealed,

(ii) in paragraph (b), for “Chapters 1 to 3” substitute “ Chapter 1 or 3 ”.

(4) In section 17 (duty of local authority to child looked after by them)—

(a) in subsection (6), for paragraph (b) substitute—

(b) 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);

(b) subsection (6)(c) is repealed,

(5) In section 19 (local authority plans for services for children)—

(a) in subsection (2), after paragraph (a) insert—

(aa) the Children's Hearings (Scotland) Act 2011;

(b) in subsection (5)—

(i) in paragraph (c), the words “appointed under section 127 of the Local Government etc. (Scotland) Act 1994” are repealed,

(ii) for paragraph (d) substitute—

(d) the National Convener of Children's Hearings Scotland;

(6) In section 33 (effect of orders etc. made in different parts of the United Kingdom)—

(a) in subsection (1)—

(i) the words “or to a supervision requirement” are repealed,

(ii) the words “or, as the case may be, as if it were a supervision requirement” are repealed,

(b) in subsection (2)—

(i) paragraph (b) is repealed,

(ii) in the full-out, the words “or requirement” are repealed,

(d) in subsection (5)(b), the words “or to a supervision requirement” are repealed,

(e) in subsection (5)(c), the words “or to a supervision requirement” are repealed.

(7) In section 38(4) (limited disapplication of certain enactments while child being provided with refuge), for “section 83 of this Act” substitute “ section 171 of the Children's Hearings (Scotland) Act 2011 ”.

(8) In section 75 (powers in relation to secure accommodation)—

(a) in subsection (1)(b), for “supervision requirement” substitute “ 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) ”,

(b) after subsection (2) insert—

(2A) 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.

, and

(4) 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.

(9) In section 76(8) (making of child protection order instead of exclusion order)—

(a) in paragraph (b), for “section 57 of this Act” substitute “ Part 5 of the Children's Hearings (Scotland) Act 2011 ”,

(b) in the full-out—

(i) for “an order under that section” substitute “ a child protection order ”,

(ii) after “that” insert “ Part ”.

(10) In section 93(1) (interpretation), in the definition of “children's hearing”, for “section 39(3); but does not include a business meeting arranged under section 64, of this Act” substitute “ section 5 of the Children's Hearings (Scotland) Act 2011 ”.

(11) In section 93(2)(b) (meaning of “child”), for the definition of “child” substitute—

“child” means— (i) in relation to section 75, a person under the age of 18 years, (ii) in relation to any other section, a person under the age of 16 years;

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

3

In section 12 of the Antisocial Behaviour etc. (Scotland) Act 2004 (sheriff's power to refer child to children's hearing where antisocial behaviour order made etc.), for subsection (1) substitute—

(1) This section applies where— (a) the sheriff makes an antisocial behaviour order or an interim order in respect of a child, and (b) the sheriff considers that a section 67 ground (other than the ground mentioned in section 67(2)(j)) applies in relation to the child. (1A) The sheriff may require the Principal Reporter to arrange a children's hearing. (1B) The sheriff must give the Principal Reporter a section 12 statement if— (a) the sheriff makes a requirement under subsection (1A), and (b) a compulsory supervision order is not in force in relation to the child. (1C) A section 12 statement is a statement— (a) specifying which of the section 67 grounds the sheriff considers applies in relation to the child, (b) setting out the reasons why the sheriff considers the ground applies, and (c) setting out any other information about the child which appears to the sheriff to be relevant. (1D) In this section— - “compulsory supervision order” has the meaning given by section 83 of the Children's Hearings (Scotland) Act 2011, - “section 67 ground” means a ground mentioned in section 67(2) of that Act.

SCHEDULE 6

The Safeguarders Panel

Child assessment orders

Local authority's duty to provide information to Principal Reporter

Determination under section 66: no referral to children's hearing

Child assessment orders

Duty to consider applying for parenting order

Right of person not afforded opportunity to participate to require review

Children's hearing: disclosure of information

Determination of matter referred under section 79

Determination that deeming of person as relevant person to end

Children's hearing following deferral or proceedings under Part 10

Confirmation that child given opportunity to express views before hearing

Right of child or relevant person to require review

Transfers in cases of urgent necessity

Powers of children's hearing on deferral under section 119

Duty to consider applying for parenting order

Use of evidence obtained from prosecutor

Children's hearing: disclosure of information

Children's hearings: procedural rules

Legal aid and advice

Formal communications

Children's hearings: procedural rules

Children's hearing: disclosure of information

Forms

Interpretation

Meaning of “relevant local authority”

Status

Membership

Persons disqualified from membership

Resignation of members

Removal of members

Remuneration, allowances etc.

Chairing meetings

The National Convener

Supplementary powers of National Convener

Delegation of National Convener's functions

Staff

Area support teams: establishment and membership

Transfer of members from CPACs

Area support teams: functions

Committees

CHS's supplementary powers

Procedure

Delegation of CHS's functions

Financial interests

Grants

Accounts

Provision of accounts and other information to Scottish Ministers

CHS's annual report

National Convener's annual report

Validity of proceedings and actions

Recruitment and tenure of panel members

List of panel members

Training

Allowances

Status

Membership

Persons disqualified from membership

Resignation of members

Removal of members

Remuneration, allowances etc.

Chairing meetings

The Principal Reporter

Supplementary powers of Principal Reporter

Delegation of Principal Reporter's functions

Staff

Appeals against dismissal

Committees

SCRA's supplementary powers

Procedure

Delegation of SCRA's functions

Financial interests

Grants

Accounts

Provision of accounts and other information to Scottish Ministers

SCRA's annual report

Principal Reporter's annual report

Validity of proceedings and actions

Interpretation

Staff transfer orders

Schemes for transfer of staff: consultation

Effect on existing contracts of employment

Transfer of property etc. to CHS

Legal Aid (Scotland) Act 1986 (c.47)

Children (Scotland) Act 1995 (c.36)

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

Editorial notes

[^key-ae0acb0f952eb51673cfb8b9e5a81397]: S. 1 in force at 19.1.2011 by S.S.I. 2011/8, art. 2(a)

[^key-a9f0edf27d38b79d91f0f268c21fb16d]: Sch. 1 para. 8(7) in force at 19.1.2011 by S.S.I. 2011/8, art. 2(b)

[^key-b2fe9ddd59ad2fc7618ec6d3ce71a213]: S. 2 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-b3958b8e7c01e678081bd1061839168a]: S. 3 in force at 18.4.2011 for specified purposes by S.S.I. 2011/111, art. 2, Sch.

[^key-764b4a25c396384ed3150bc3f333b053]: S. 10 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-5a0195df399cd1dc039680c2d3d164d7]: S. 11 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-c784b388e42ebfe3f04b94ef6b184420]: S. 12 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-1e26e0b74d937a6dbd444ec3c57b7a00]: S. 13 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-fa7ba52f8446c5d38f56705827c3dd71]: Sch. 1 para. 1 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-6cf65a8777f44ea276d4f70644694ef4]: Sch. 1 para. 2 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-86316f5f8d4caac383214a31dd563a05]: Sch. 1 para. 3 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-a5af3828713868443bb4c7212cab82a8]: Sch. 1 para. 4 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-e2ee0ea05a6374996fd9a091d8f38bc9]: Sch. 1 para. 5 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-5d2972f6b611fb03d74379b4b9418fb9]: Sch. 1 para. 6 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-a8af05e752d3514049d5e9f0e17fa499]: Sch. 1 para. 7 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-bb7afc7808c9ef6303d01f807cb635ee]: Sch. 1 para. 9 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-e92a0f94a6586bcc3648c34f9c96de67]: Sch. 1 para. 11 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-19258b2dac1d2c6fd41b0a5f962e2bd7]: Sch. 1 para. 15(1)-(5) in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-b9500c224489bac1fe917c1857f61614]: Sch. 1 para. 16 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-a19b97e0ae30757a00546531cb86729b]: Sch. 1 para. 17(1) in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-9ebb551003fd00a122d01b7df60fed6e]: Sch. 1 para. 18 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-a8fb1e5f281ecca625d3a86981b34b6e]: Sch. 1 para. 19 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-14bd622899943a5c294becd733a7cfd9]: Sch. 1 para. 20 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-99d2438d4eae709c064c33bb1d1c73b5]: Sch. 1 para. 21 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-27a70712d9e7d5a56da157e2f804896e]: Sch. 1 para. 22 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-1f494c8c181c3354e11aca1055f687c5]: Sch. 1 para. 23 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-7b45bd205bddf777848657f297ac794a]: Sch. 1 para. 24 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-08de5278d6cafaf0da05df944dfd4d37]: Sch. 1 para. 25 in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^M_I_016e6629-9121-4e6c-9081-20a23a7629ae]: Sch. 1 para. 8(1)-(6) in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^M_I_e00b89c2-5fd8-4263-b548-8215499d8306]: Sch. 1 para. 8(8)-(10) in force at 18.4.2011 by S.S.I. 2011/111, art. 2, Sch.

[^key-40d7918cb11dc005ae407412effbc150]: Word in s. 62(5) repealed (28.11.2011) by Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15), ss. 13(2)(a), 19(2) (with s. 18); S.S.I. 2011/352, art. 2

[^key-d022617697d5aa5f0bf2c1947b12b9d5]: S. 62(5)(n)-(p) inserted (28.11.2011) by Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15), ss. 13(2)(b), 19(2) (with s. 18); S.S.I. 2011/352, art. 2

[^key-e09d9997eee47e03a49277329d3b64ff]: Words in s. 67(2)(p)(i) repealed (28.11.2011) by Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15), ss. 13(3)(a), 19(2) (with s. 18); S.S.I. 2011/352, art. 2

[^key-9a7318c873bf3ba51663962625350e80]: S. 67(2)(q) inserted (28.11.2011) by Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15), ss. 13(3)(b), 19(2) (with s. 18); S.S.I. 2011/352, art. 2

[^key-6f039cae092214ec2c4e2cd654dcb61c]: S. 203(1) in force at 31.1.2012 for specified purposes by S.S.I. 2012/1, art. 2(2)

[^key-68ffc1eb462137dddc22d3761426ee2b]: Sch. 5 para. 1(8)(a)(b) in force at 31.1.2012 by S.S.I. 2012/1, art. 2(2)

[^key-be4d5e86ea33cb8b2e04f830fce50e04]: S. 32 in force at 13.2.2012 by S.S.I. 2012/23, art. 2

[^key-8661eb99baab1e0c23c79fbb5695b05a]: S. 191 in force at 31.1.2012 for specified purposes by S.S.I. 2012/1, art. 2(1), Sch.

[^M_I_67130d5a-62c7-4d7a-f5fb-80b10c3fa67a]: S. 191 in force at 26.3.2012 for specified purposes by S.S.I. 2012/1, art. 2(1), Sch.

[^key-b52a84ea5dcd66d82cd2febdfa02634a]: Sch. 1 para. 10(2)(a) in force at 19.9.2012 by S.S.I. 2012/252, art. 2

[^key-d2ec456a40bf8cac2efff0c9dcfb8d0d]: S. 3 in force at 19.9.2012 for specified purposes by S.S.I. 2012/246, art. 2, Sch.

[^key-f1c1c89e48c9d57d1607cbca1f0c27d3]: S. 4 in force at 19.9.2012 for specified purposes by S.S.I. 2012/246, art. 2, Sch.

[^key-84fbe4a8951e14c8625b8ba694fef561]: Sch. 1 para. 10(1)(3)(6) in force at 19.9.2012 by S.S.I. 2012/246, art. 2, Sch.

[^key-ac0a405caa723dabe2a2d814f5143b46]: Sch. 1 para. 12(1)-(3)(7) in force at 19.9.2012 by S.S.I. 2012/246, art. 2, Sch.

[^key-e4186fe782f4a8fbdc010b82849a0b40]: Sch. 1 para. 13(1)-(4)(7) in force at 19.9.2012 by S.S.I. 2012/246 , art. 2 , Sch.

[^key-f6fb4ba223b114e4218ecbe3568245d7]: Sch. 1 para. 14(2)(6)-(8) in force at 19.9.2012 by S.S.I. 2012/246, art. 2, Sch.

[^key-ae41d60445d92a72cb1e5ed8a3d88906]: Sch. 2 para. 1(1) in force at 19.9.2012 by S.S.I. 2012/246, art. 2, Sch.

[^key-aa4bb3308534af2feb7c761e95284bc7]: Sch. 2 para. 4 in force at 19.9.2012 by S.S.I. 2012/246, art. 2, Sch.

[^key-7f132fd018ace642c0158bf91fd66494]: S. 3 in force at 31.3.2013 for specified purposes by S.S.I. 2013/98, art. 2, Sch.

[^key-f73f3e9e332d32bfcc6a3250ceb13139]: S. 4 in force at 31.3.2013 for specified purposes by S.S.I. 2013/98, art. 2, Sch.

[^key-d160d153d20bd698893144eb54844327]: S. 6 in force at 31.3.2013 by S.S.I. 2013/98, art. 2, Sch.

[^key-3265b3567ad7dfcdbec68f46326cb0d9]: Sch. 1 para. 10(2)(b)(4)(5)(7)-(9) in force at 31.3.2013 by S.S.I. 2013/98, art. 2, Sch.

[^key-bf71fc40421856d07479b078e08ee3b6]: Sch. 1 para. 12(4)-(6) in force at 31.3.2013 by S.S.I. 2013/98, art. 2, Sch.

[^key-d294d61558bca4aa9ef57897a5a7fc89]: Sch. 1 para. 14(1)(3)-(5) in force at 31.3.2013 by S.S.I. 2013/98, art. 2, Sch.

[^key-43ce91176eecdeb2fa0d15e72b559483]: Sch. 1 para. 17(2) in force at 31.3.2013 by S.S.I. 2013/98, art. 2, Sch.

[^key-6c7f542436770769f727f37925a01fff]: Sch. 2 para. 1(2)-(6) in force at 31.3.2013 by S.S.I. 2013/98, art. 2, Sch.

[^key-08e627c51b496e85872ec2d77eedabac]: Sch. 2 para. 3 in force at 31.3.2013 by S.S.I. 2013/98, art. 2, Sch.

[^key-f65d849cb84f53e0028205b6133701de]: Words in s. 61(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 44; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-31a62fa4c8de900e2bd8a5826758f68d]: S. 203(1) in force at 12.6.2013 for specified purposes by S.S.I. 2013/190, art. 2

[^key-d94647ce38eff13a396db77b14d1fc40]: Sch. 5 para. 2(8) in force at 12.6.2013 for specified purposes by S.S.I. 2013/190, art. 2

[^key-586263d2919478b6834cc3e5ba06e9ec]: S. 193(2)-(4) applied (24.6.2013 coming into force in accordance with reg. 1) by The Children's Hearings (Scotland) Act 2011 (Appeals against Dismissal by SCRA) Regulations 2012 (S.S.I. 2012/337), regs. 1, 2(2)

[^key-b890957991babd9b60aae2adfcd0f128]: S. 131(2) applied (with modifications) (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Transfer of Children to Scotland - Effect of Orders made in England and Wales or Northern Ireland) Regulations 2013 (S.S.I. 2013/99), regs. 1, 7(3)

[^key-3ca895d49eb3f0529cf2ff16f6ad7819]: S. 137 applied (with modifications) (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Transfer of Children to Scotland - Effect of Orders made in England and Wales or Northern Ireland) Regulations 2013 (S.S.I. 2013/99), regs. 1, 7(4)

[^key-95205885443238afbe51e4a9b811fa10]: S. 193(2)-(4) applied (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Compulsory Supervision Orders etc.: Further Provision) Regulations 2013 (S.S.I. 2013/149), regs. 1, 2(2)

[^key-9c5ec53491337f70081bd1d48e9b91b4]: S. 91 applied (with modifications) (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013 (S.S.I. 2013/194), arts. 1(1), 68(2) (with art. 1(2))

[^key-a2c8c9b397e5b1d5d789a289ed1e3d12]: S. 93 applied (with modifications) (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013 (S.S.I. 2013/194), arts. 1(1), 68(3)(a) (with art. 1(2))

[^key-cc6f41a917c2f0a68c584191c871d8bc]: S. 96 applied (with modifications) (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013 (S.S.I. 2013/194), arts. 1(1), 68(3)(b) (with art. 1(2))

[^key-bd27847122328d5d7cb937978ad9be1f]: S. 193 applied (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013 (S.S.I. 2013/194), arts. 1(1), 99 (with art. 1(2))

[^key-d86d252a790a00c5e84bade64fa36a02]: Pt. 2 applied by S.S.I. 2003/179, reg. 3A (as inserted (24.6.2013) by The Children's Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 3(3))

[^key-f5282d1bcf13e53f7a0084fdadba09a1]: S. 193(2)-(4) applied (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013 (S.S.I. 2013/212), regs. 1, 3

[^key-fe110717e61bb228001686e1ed9aa263]: S. 5 applied by 1985 c. 60, s. 20(6) (as inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 1(2))

[^key-1503446f6e2f2eb47a0771e7da492a23]: S. 3 in force at 24.6.2013 in so far as not already in force by S.S.I. 2013/195, arts. 2, 3

[^key-d3693b4a572431e893f08476879d643b]: S. 4(2) in force at 24.6.2013 in so far as not already in force by S.S.I. 2013/195, arts. 2, 3

[^key-dde6b88212291448e6487e86bb29a0cc]: S. 4(1)(2) in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-6574fbcf8ba5b392e61976955d6f8f11]: S. 5 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-4c434a8a668e25ae2b8456dd8f363ad7]: S. 7 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-7ff984ac37cfdcf90547efa569b2c7b9]: S. 8 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-cccef764b42bd970619092808005574b]: S. 9 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-2e42169b3b873c2753b6ff3c11758524]: S. 14 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-4c08cd375c0c030a9674de8a384242de]: S. 15 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-3a9cb7c58ecbfd25a2c144ca2302ab46]: S. 16 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-43e7bc3bad294d3431311143544f92b9]: S. 17 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-32c0285722c2f4d8a92366907a706639]: S. 18 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-58343e4f1d511aa530975427715479af]: S. 19 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-f7db9c05d74cf2eaec72b28f00497358]: S. 20 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-375f9b0cfa69c04d5cccdba5ded024cd]: S. 21 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-e1a6df796cd5ad4c3cd81b6777517185]: S. 22 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-7d42ef17887cfa60751a74a714d738e9]: S. 23 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-206ba4b01c6eed766d2908e7062f79d9]: S. 24 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-d0c8e32cbf79b2e741ee3e3843b8b0bb]: S. 25 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-9c009fc484dbf6070d22d9d857e8d553]: S. 26 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-fff63f989e71d23f67de142a5d4df590]: S. 27 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-994f3e357cad3a4621a976710f11efc5]: S. 28 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-f41b1cf281c35ba71521ebc34c0c70c5]: S. 29 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-7f4bde334fd72919a036f86b39b655dc]: S. 30 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-7e2e552df82cd9ce4a210456d3c8e553]: S. 31 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-d91daec57f65083a086b0e6f481380bb]: S. 33 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-c3538e4b98e68eeed6473154511e2ce3]: S. 34 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-ce1dfe2b369e9482daa12152b6804446]: S. 35 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-2a6636707175194eac8bd93d10ab28b2]: S. 36 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-a364c17191fc75888bca2483f3af6441]: S. 37 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-9ec39e218a0e19d73b73e0e57a9ecb45]: S. 38 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-beb83ffad02a7ef8b86e16d047d2994f]: S. 39 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-23b2a521e14a3fe7e4d8703db6820c5f]: S. 40 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-91b0d609e1d963adc1260405085b693b]: S. 41 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-1390cf3019ee7a12a504f1ebbb15624e]: S. 42 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-35aac74d4b8c05398777a327609d7005]: S. 43 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-6a94f90655495b1a3b35c77338264a61]: S. 44 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-7bd922792c831a9dbb187c550f5a5055]: S. 45 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-e84615382b19976b2e9c1fe0eefd7d2b]: S. 46 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-5e0093d5ee74eef53d8278a6ad5b6ebf]: S. 47 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-cf1413c02d88afa6bf665f61d694bbf5]: S. 48 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-ec947be291bd83ad6eeb73bb6bb01cbc]: S. 49 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-61b194e260ba9e6b6e15678a592364a9]: S. 50 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-c43e66fd07182c5db8bd8cd456931504]: S. 51 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-d0893f8b889ebd446b33d257a0c88754]: S. 52 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-c49f87d19fb2c33e70d14d6421ea69da]: S. 53 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-ea4c699a8fa187afb426573af8e4f11e]: S. 54 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-ce567ae9ab1597b64fed64f506d222d6]: S. 55 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-c0f9867910b6762c4de2bc42a3d3260d]: S. 56 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-88021bb9584560691de3efa18adc3c20]: S. 57 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-b8ccae0f776f1a5b3b1b313ce24e0605]: S. 58 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-b4a431157b650025ceac58be0c57af4a]: S. 59 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-00700a1e9b7b5bc0b707aab137b1d7db]: S. 60 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-eb82a59a018c6d0d5eeb33476563e7bc]: S. 61 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-220de04c8b19c5af86f8409390214b8c]: S. 62 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-478c1936c310ed212e272e6dd1cfc88f]: S. 63 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-1c240d867a10ce4bbe5f2c500848ee47]: S. 64 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-9fc9b0e70a55d57680bb6d5d3ea81f4a]: S. 65 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-46361e2b162ee5e337dbce0e05fe6a25]: S. 66 in force at 24.6.2013 by S.S.I. 2013/195 , arts. 2 , 3

[^key-1f6fe9afe5c9dc8a09d1152e3a133cae]: S. 67 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

[^key-2129fe5f50ef9b2b0ce109807a55361f]: S. 68 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

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