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Section 12 Emergency jurisdiction.

Scotland

Notwithstanding that any other court, whether within or outside Scotland, has jurisdiction to entertain an application for a F1Part I order, the Court of Session or the sheriff shall have jurisdiction to entertain such an application if—

(a)

the child concerned is present in Scotland or, as the case may be, in the sheriffdom on the date of the application; and

(b)

the Court of Session or sheriff considers that, for the protection of the child, it is necessary to make such an order immediately.

Annotations

Textual amendments

F1

Words in s. 12 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para.1(1)); S.I. 1991/828, art. 3(2)

Notes on Part I

Modifications

C1

Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.