# The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017, Paragraph 2: Modification of the Children (Scotland) Act 1995


Section 78 of the Children (Scotland) Act 1995 is modified as follows—
(a) in subsection (10), paragraph (b) and the word “; and” immediately preceding it are omitted;
(b) subsection (12) is repealed;
(c) before subsection (13) insert—
“(12A) Subsection (13) applies where—
(a) a person is brought before the sheriff under subsection (11) above; and
(b) the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.”;
(d) in subsection (13), for “a person is brought before the sheriff under subsection (11) above” substitute “this subsection applies”;
(e) after subsection (13) insert—
“(13A) Subsection (14) applies where—
(a) a person has been liberated under subsection (7)(a) above; or
(b) the following conditions are met—
(i) a person is to be brought before the sheriff under subsection (11) above; and
(ii) the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.”;
(f) in subsection (14)—
(i) for the words from the beginning to “subsection (11) above” substitute “Where this subsection applies”;
(ii) for the words from “in the case of” to “, before that” substitute “where the conditions in subsection (13A)(b) above are met, before the”.

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Source: https://www.legislation.gov.uk/ssi/2017/453/schedule/paragraph/2 (the official version)
Page: https://openlegislation.uk/criminal-justice-scotland-act-2016-modification-of-part-1-and-ancillary-provision-regulations-2017/schedule/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.