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You are here: BAILII >> Databases >> Scottish Law Commission >> Scottish Law Commission (Reports) >> Report on Damages for Personal Injury (Report No. 266) URL: http://www.bailii.org/scot/other/SLC/Report/2024/SLC266.image22.html |
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(1) The Children (Scotland) Act 1995 is amended as follows.
(2) In section 13, after subsection (3), insert—
“(4) Subsections (7) to (10) of section 11 apply in relation to subsections (A2) and (1) as they apply in relation to subsection (1) of that section.”.
NOTE
Section 7 implements recommendation 13 by amending section 13 of the Children (Scotland) Act 1995. Subsection (2) inserts new subsection (4) to section 13 of the 1995 Act, providing that the court must take account of the three principles set out in subsection (7) (and supplemented by subsections (7A) to (10)) of section 11 of the 1995 Act when considering remitting a case to the Accountant of Court under new subsection (A2) (inserted by section 6 of the Bill) or making an order under section 13. The three principles are (i) that the welfare of the child is the court’s paramount concern; (ii) that no order shall be made unless it would be better for the child that the order be made than that no order be made; and (iii) the court will have regard, taking into consideration the age and maturity of the child, to the child’s views.
Final provisions