Section 16 Welfare of child and consideration of his views.

Scotland

(1)

Where under or by virtue of this Part of this Act, F1... a court determines, any matter with respect to a child the welfare of that child throughout his childhood shall be F2... its paramount consideration.

F3(1A)

When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.

(2)

In the circumstances mentioned in subsection (4) below, F4... the sheriff, taking account of the age and maturity of the child concerned, shall so far as practicable—

(a)

give him an opportunity to indicate whether he wishes to express his views;

(b)

if he does so wish, give him an opportunity to express them; and

(c)

have regard to such views as he may express;

and without prejudice to the generality of this subsection a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view.

(3)

In the circumstances mentioned in subsection F5(4) of this section, no F6... order so mentioned shall be made with respect to the child concerned unless F7... the sheriff considers, that it would be better for the child that the ... order be made than that none should be made at all.

F8(4)

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

(5)

If, for the purpose of protecting members of the public from serious harm (whether or not physical harm)—

F9(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a court considers it necessary to make a determination under or by virtue of F10Chapter 1 or 3 of this Part of this Act which (but for this paragraph) would not be consistent with its affording such paramountcy, it may make that determination.

Annotations

Textual amendments

F1: Words in s. 16(1) repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(a)(i) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F2: Words in s. 16(1) repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(a)(ii) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F3: S. 16(1A) inserted (22.6.2025) by Children (Scotland) Act 2020 (asp 16), ss. 30(3), 34(2); S.S.I. 2025/157, reg. 2
F4: Words in s. 16(2) repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(b) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F5: Word in s. 16(3) substituted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(c)(i) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F6: Words in s. 16(3) repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(c)(ii) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F7: Words in s. 16(3) repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(c)(iii) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F8: S. 16(4) substituted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(d) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F9: S. 16(5)(a) repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(e)(i) (with s. 186); S.S.I. 2013/195, arts. 2, 3
F10: Words in s. 16(5)(b) substituted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(3)(e)(ii) (with s. 186); S.S.I. 2013/195, arts. 2, 3

Notes on Chapter 1

Modifications

C1: Pt. II Ch. 1 (ss. 16-38) modifed (1.4.1997) by S.I. 1996/3255, reg. 7(1)