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Section 97 Interim orders and revocation of compulsory supervision orderF7I1

Scotland

(1)

Subsection (2) applies where an application is made for a permanence order, or variation of such an order, in respect of a child.

(2)

The appropriate court may make such interim order as it thinks fit.

(3)

Subsection (4) applies where—

(a)

the child in respect of whom an interim order is to be made is subject to a F1compulsory supervision order, and

(b)

the court is satisfied that, were it to make an interim order in relation to the child, F2it would no longer be necessary that, for the protection, guidance, treatment or control of the child, the child be subject to the compulsory supervision order.

(4)

The court must make an order providing that, on the making of the interim order, the F3compulsory supervision order ceases to have effect.

(5)

If—

(a)

the child in respect of whom an interim order is made is subject to a F4compulsory supervision order, and

(b)

the provisions of the F5interim order conflict, or are otherwise inconsistent, with the compulsory supervision order

the provisions of theF6interim order prevail.

(6)

In subsection (1), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.

Annotations

Textual amendments

F1

Words in s. 97(3)(a) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(a)(i)

F2

Words in s. 97(3)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(a)(ii)

F3

Words in s. 97(4) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(b)

F4

Words in s. 97(5)(a) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(c)(i)

F5

Words in s. 97(5)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(c)(ii)

F6

Word in s. 97(5) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)(c)(iii)

F7

S. 97 title substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(10)

Commencement

I1

S. 97 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)