OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes amendments to—

  • the Act of Sederunt (Child Care and Maintenance Rules) 1997 (“the 1997 Act of Sederunt”);

  • the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (“the Ordinary Cause Rules”); and

  • the Sheriff Court Adoption Rules 2009 in the Schedule to the Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (“the Sheriff Court Adoption Rules 2009”)

in consequence of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”).

Paragraph 2 amends Chapter 1 of the 1997 Act of Sederunt in order to amend the definition of “Principal Reporter”.

Paragraph 3 contains consequential amendments to Chapter 3 of the 1997 Act of Sederunt in virtue of the 2011 Act. Chapter 3 presently prescribes the procedure to be followed in applications under the Children (Scotland) Act 1995. It is amended so as to prescribe the procedure to be followed under the 2011 Act as well as under that Act. In particular:

  • paragraph 3(5) inserts a new rule 3.3A about the attendance of children at hearings under the 2011 Act;

  • paragraph 3(8) inserts a new rule 3.5A about the confidentiality of documents lodged in process;

  • paragraph 3(20) substitutes new provision about applications for evidence by live link;

  • paragraph 3(28) omits Part VI of Chapter 3 (warrants for further detention of a child) in consequence of the repeal of section 67 of the 1995 Act by schedule 6 to the 2011 Act;

  • paragraph 3(34) inserts a new rule 3.46A enabling sheriffs to make orders securing the expeditious determination of applications;

  • paragraph 3(48) inserts a new Part VIIA of Chapter 3 in respect of applications by local authorities under section 166(2) of the 2011 Act for review of a decision or determination to impose a duty on the local authority;

  • paragraph 3(52) inserts a new rule 3.61A which specifies the procedure to be followed in applications under sections 163(2), 164(2) or 165(2) of the 2011 Act to the sheriff principal for leave to appeal the sheriff principal’s decision to the Court of Session;

  • paragraph 3(54) substitutes new provision about applications for review of a grounds determination;

  • paragraph 3(57) inserts a new Part XA of Chapter 3 concerning intimation requirements for certain orders under the 2011 Act;

  • paragraph 3(62) inserts a new rule 3.76A and includes it (and the following rules 3.77 to new rule 3.81A) in a new Part XIA which applies where an application is made for the admission of restricted evidence in proceedings where the section 67 ground involves sexual behaviour engaged in by any person.

Paragraph 4 makes amendments to the Forms in Schedule 1 to the 1997 Act of Sederunt. In particular:

  • paragraph 4(6) substitutes Forms 31, 31A and 31B for Form 31 (Citation of child);

  • paragraph 4(8) inserts a new Form 32A (Form of First Order under the Children’s Hearings (Scotland) Act 2011);

  • paragraph 4(15) inserts a new Form 39A (Notice to relevant person in application under section 94(2)(a) of the Children’s Hearings (Scotland) Act 2011 (procedural hearing fixed));

  • paragraph 4(20) substitutes Forms 44A and 44B for Form 44 (Application for authorisation of the giving of evidence by a child by means of a live television link);

  • paragraph 4(35) substitutes new Forms 60 to 63 for the existing Forms 60 to 63, and inserts a new Form 63A;

  • paragraph 4(36) substitutes new Forms 64, 64A and 64B for Form 64 (Intimation to child in application under section 51 of the Children (Scotland) Act 1995);

  • paragraph 4(38) inserts new Forms 65A, 65B, 65C, 65D and 65E; and

  • paragraph 4(43) revokes Forms 30, 38 and 59 (which concern the further detention of a child under section 67 of the 1995 Act).

Paragraph 5 amends the Ordinary Cause Rules by inserting a new Chapter 33C on referrals by the court to the Principal Reporter. It also revokes Part XIV of Chapter 33 and Part XII of Chapter 33A, which presently make provision of this nature.

Paragraph 6 amends the Sheriff Court Adoption Rules, principally to amend the terminology used. Paragraph 6(3) substitutes a new rule 3 concerning referrals by the court to the Principal Reporter.

Paragraph 7 revokes the Act of Sederunt (Legal Aid Rules) (Children) 1987 in consequence of the revocation of the Legal Aid (Scotland) (Children) Regulations 1997 by the Children’s Hearings (Scotland) Act 2011 (Transitional, Savings and Supplementary Provisions) Order 2013.

Paragraph 8 contains transitional and saving provisions: the Act of Sederunt (Legal Aid Rules) (Children) 1987, the 1997 Act of Sederunt, the Sheriff Court Adoption Rules and the Ordinary Cause Rules continue to have effect as they did before 24th June 2013 for the purpose of any proceedings raised but not concluded prior to that date, subject to the provisions of articles 6 to 11 of the Children’s Hearings (Scotland) Act 2011 (Transitional, Savings and Supplementary Provisions) Order 2013.