Children's Hearings (Scotland) Act 2011
2011 asp 1 · Enacted 6 January 2011 · Extends to Scotland
An Act of the Scottish Parliament to restate and amend the law relating to children's hearings; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th November 2010 and received Royal Assent on 6th January 2011C1C2
Annotations to the whole text
Modifications
- C1
Act modified in part (24.6.2022) by The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225), regs. 1, 13(2)
- C2
Act applied (with modifications) (9.2.2026) by The Cross-border Placement of Children (Requirements, Effect and Enforcement) (Scotland) Regulations 2026 (S.S.I. 2026/31), regs. 1, 47
Contents
- Part 1: The National Convener and Children's Hearings Scotland
- The National Convener and CHS
- 1The National Convener
- 2Children's Hearings Scotland
- 3Further provision about National Convener and CHS
- The Children's Panel
- 4The Children's Panel
- Children's hearings
- 5Children's hearing
- 6Selection of members of children's hearing
- 7Holding of children's hearing
- 8Provision of advice to children's hearing
- 9Independence of children's hearings
- Power to change National Convener's functions
- 10Power to change National Convener's functions
- Functions of CHS
- 11Provision of assistance to National Convener
- 12Independence of National Convener
- 13Directions
- Part 2: The Principal Reporter and the Scottish Children's Reporter Administration
- The Principal Reporter and SCRA
- 14The Principal Reporter
- 15The Scottish Children's Reporter Administration
- 16Further provision about Principal Reporter and SCRA
- The Principal Reporter
- 17Duty as respects location of children's hearing
- 18Power to change Principal Reporter's functions
- 19Rights of audience
- Functions of SCRA
- 20Assisting Principal Reporter
- 21Provision of accommodation for children's hearings
- 22Independence of Principal Reporter
- 23Directions
- Transfer of staff, property etc.
- 24Transfer of staff, property etc.
- Part 3: General considerations
- 25Welfare of the child
- 26Decisions inconsistent with section 25
- 27Views of the child
- 28Children's hearing: pre-condition for making certain orders and warrants
- 29Sheriff: pre-condition for making certain orders and warrants
- 29ADuty to consider including contact direction
- 30Children's hearing: duty to consider appointing safeguarder
- 31Sheriff: duty to consider appointing safeguarder
- Part 4: Safeguarders
- 32The Safeguarders Panel
- 33Functions of safeguarder
- 34Safeguarders: regulations
- Part 5: Child assessment and child protection orders
- Child assessment orders
- 35Child assessment orders
- 36Consideration by sheriff
- Child protection orders
- 37Child protection orders
- Consideration of application by sheriff
- 38Consideration by sheriff: application by local authority only
- 39Consideration by sheriff: application by local authority or other person
- Ancillary measures
- 40Information non-disclosure directions
- 41Contact directions
- 42Parental responsibilities and rights directions
- Notice of order
- 43Notice of child protection order
- Obligations of local authority
- 44Obligations of local authority
- Review by children's hearing of certain orders
- 45Review by children's hearing where child in place of safety
- 46Review by children's hearing where order prevents removal of child
- Decision of children's hearing
- 47Decision of children's hearing
- Variation or termination of order by sheriff
- 48Application for variation or termination
- 49Notice of application for variation or termination
- 50Children's hearing to provide advice to sheriff in relation to application
- 51Determination by sheriff
- Termination of order
- 52Automatic termination of order
- 53Power of Principal Reporter to terminate order
- 54Termination of order after maximum of 8 working days
- Other emergency measures
- 55Application to justice of the peace
- 56Constable's power to remove child to place of safety
- 57Sections 55 and 56: regulations
- Implementation of orders: welfare of child
- 58Implementation of orders: welfare of child
- Offences
- 59Offences
- Part 6: Investigation and referral to children's hearing
- Provision of information to Principal Reporter
- 60Local authority's duty to provide information to Principal Reporter
- 61Constable's duty to provide information to Principal Reporter
- 62Provision of information by court
- 63Provision of evidence from certain criminal cases
- 64Provision of information by other persons
- 65Provision of information by constable: child in place of safety
- Investigation and determination by Principal Reporter
- 66Investigation and determination by Principal Reporter
- 67Meaning of “section 67 ground”
- 68Determination under section 66: no referral to children's hearing
- 69Determination under section 66: referral to children's hearing
- 70Requirement under Antisocial Behaviour etc. (Scotland) Act 2004
- 71Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995
- 72Child in place of safety: Principal Reporter's powers
- Part 7: Attendance at children's hearing
- 73Child's duty to attend children's hearing
- 74Relevant person's duty to attend children's hearing
- 75Power to proceed in absence of relevant person
- 76Power to exclude relevant person from children's hearing
- 77Power to exclude relevant person's representative from children's hearing
- 78Rights of certain persons to attend children's hearing
- Part 8: Pre-hearing panel
- 79Referral of certain matters for pre-hearing determination
- 80Determination of matter referred under section 79
- 81Determination of claim that person be deemed a relevant person
- 81ADetermination that deeming of person as relevant person to end
- 81BDetermination of claim that opportunity to participate not afforded
- 82Appointment of safeguarder
- Part 9: Children's hearing
- Key definitions
- 83Meaning of “compulsory supervision order”
- 84Meaning of “movement restriction condition”
- 85Meaning of “secure accommodation authorisation”
- 86Meaning of “interim compulsory supervision order”
- 87Meaning of “medical examination order”
- 88Meaning of “warrant to secure attendance”
- Statement of grounds
- 89Principal Reporter's duty to prepare statement of grounds
- Grounds hearing
- 90Grounds to be put to child and relevant person
- 91Grounds accepted: powers of grounds hearing
- 92Powers of grounds hearing on deferral
- 93Grounds not accepted: application to sheriff or discharge
- 94Child or relevant person unable to understand grounds
- 95Child fails to attend grounds hearing
- Children's hearing to consider need for further interim order
- 96Children's hearing to consider need for further interim compulsory supervision order
- Application of Part where compulsory supervision order in force
- 97Application of Part where compulsory supervision order in force
- Part 10: Proceedings before sheriff
- Application for extension or variation of interim compulsory supervision order
- 98Application for extension or variation of interim compulsory supervision order
- 99Further extension or variation of interim compulsory supervision order
- Power to make interim compulsory supervision order
- 100Sheriff's power to make interim compulsory supervision order
- Application to establish grounds
- 101Hearing of application
- 102Jurisdiction and standard of proof: offence ground
- 103Child's duty to attend hearing unless excused
- 104Child and relevant person: representation at hearing
- Ground accepted before application determined
- 105Application by virtue of section 93: ground accepted before determination
- 106Application by virtue of section 94: ground accepted by relevant person before determination
- Withdrawal of application: termination of orders etc.
- 107Withdrawal of application: termination of orders etc. by Principal Reporter
- Determination of application
- 108Determination: ground established
- 109Determination: power to make interim compulsory supervision order etc.
- Review of sheriff's determination
- 110Application for review of grounds determination
- 111Sheriff: review or dismissal of application
- 112Child's duty to attend review hearing unless excused
- 113Child and relevant person: representation at review hearing
- 114Sheriff's powers on review of grounds determination
- 115Recall: power to refer other grounds
- 116Recall: powers where no grounds accepted or established
- 117New section 67 ground established: sheriff to refer to children's hearing
- Application of Part where compulsory supervision order in force
- 118Application of Part where compulsory supervision order in force
- Part 11: Subsequent children's hearings
- 119Children's hearing following deferral or proceedings under Part 10
- 120Powers of children's hearing on deferral under section 119
- Part 12: Children's hearings: general
- Views of child
- 121Confirmation that child given opportunity to express views before hearing
- Children's advocacy services
- 122Children's advocacy services
- Warrants to secure attendance
- 123General power to grant warrant to secure attendance
- Child's age
- 124Requirement to establish child's age
- Compulsory supervision orders: review
- 125Compulsory supervision order: requirement to review
- Contact orders and permanence orders
- 126Review of contact direction
- Referral where failure to provide education for excluded pupil
- 127Referral where failure to provide education for excluded pupil
- Parenting order
- 128Duty to consider applying for parenting order
- Part 13: Review of compulsory supervision order
- Requirement for review
- 129Requirement under Antisocial Behaviour etc. (Scotland) Act 2004
- 130Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995
- 131Duty of implementation authority to require review
- 132Right to require review: child, relevant person and person afforded opportunity to participate
- 132ARight of person not afforded opportunity to participate to require review
- 133Principal Reporter's duty to initiate review
- 134Duty to initiate review if child to be taken out of Scotland
- 135Duty to initiate review: secure accommodation authorisation
- 136Duty to initiate review where child transferred
- Functions of Principal Reporter and children's hearing
- 137Duty to arrange children's hearing
- 138Powers of children's hearing on review
- 139Powers of children's hearing on deferral under section 138
- 140Interim variation of compulsory supervision order
- 141Preparation of report in circumstances relating to permanence order or adoption
- Review of relevant person determination
- 142Review of determination that person be deemed a relevant person
- Part 14: Implementation of orders
- Power to transfer child in cases of urgent necessity
- 143Transfers in cases of urgent necessity
- Implementation of compulsory supervision order
- 144Implementation of compulsory supervision order: general duties of implementation authority
- 145Duty where order requires child to reside in certain place
- 146Breach of duties imposed by sections 144 and 145
- 147Application for order
- 148Order for enforcement
- Compulsory supervision orders etc.: further provision
- 149Compulsory supervision orders etc.: further provision
- Movement restriction conditions: regulations etc.
- 150Movement restriction conditions: regulations etc.
- Secure accommodation
- 151Implementation of secure accommodation authorisation
- 152Secure accommodation: placement in other circumstances
- 153Secure accommodation: regulations
- Part 15: Appeals
- Appeal against decision of children's hearing
- 154Appeal to sheriff against decision of children's hearing
- 155Procedure
- 156Determination of appeal
- 157Time limit for disposal of appeal against certain decisions
- Compulsory supervision order: suspension pending appeal
- 158Compulsory supervision order: suspension pending appeal
- Frivolous and vexatious appeals
- 159Frivolous and vexatious appeals
- Other appeals
- 160Appeal to sheriff against relevant person determination
- 161Appeal to sheriff against decision affecting contact or permanence order
- 162Appeal to sheriff against decision to implement secure accommodation authorisation
- Appeals to sheriff principal and Court of Session
- 163Appeals to sheriff principal and Court of Session: children's hearings etc.
- 164Appeals to sheriff principal and Court of Session: relevant persons
- 165Appeals to sheriff principal and Court of Session: contact and permanence orders
- Requirement imposed on local authority: review and appeal
- 166Review of requirement imposed on local authority
- 167Appeals to sheriff principal: section 166
- Part 16: Enforcement of orders
- 168Enforcement of orders
- 169Child absconding from place
- 170Child absconding from person
- 171Offences related to absconding
- Part 17: Proceedings under Part 10: evidence
- 172Use of evidence obtained from prosecutor
- 173Cases involving sexual behaviour: evidence
- 174Cases involving sexual behaviour: taking of evidence by commissioner
- 175Sections 173 and 174: application to sheriff for order as to evidence
- 176Amendment of Vulnerable Witnesses (Scotland) Act 2004
- Part 18: Miscellaneous
- Children's hearings: procedural rules
- 177Children's hearings: procedural rules
- Disclosure of information
- 178Children's hearing: disclosure of information
- 179Sharing of information: prosecution
- 179ARequest for information by person affected by child's offence or behaviour
- 179BInformation to which section 179A applies
- 179CDecision by Principal Reporter following request under section 179A
- 179DSupport for persons affected by child’s offence or behaviour
- 180Sharing of information: panel members
- Implementation of compulsory supervision orders: annual report
- 181Implementation of compulsory supervision orders: annual report
- Publishing restrictions
- 182Publishing restrictions
- Mutual assistance
- 183Mutual assistance
- 184Enforcement of obligations on health board under section 183
- Proceedings before sheriff under Act
- 185Amendment of section 32 of Sheriff Courts (Scotland) Act 1971
- Consent of child to medical examination or treatment
- 186Consent of child to medical examination or treatment
- Rehabilitation of offenders Not yet in force
- 187Rehabilitation of Offenders Act 1974: treatment of certain disposals by children's hearings Not yet in force
- Criminal record certificates Not yet in force
- 188Criminal record certificates Not yet in force
- Places of safety
- 189Places of safety: restrictions on use of police stations
- Orders made outwith Scotland
- 190Effect of orders made outwith Scotland
- Part 19: Legal aid and advice
- 191Legal aid and advice
- 192Power to make regulations about contracts for provision of children's legal aid
- Part 20: General
- Formal communications
- 193Formal communications
- Forms
- 194Forms
- Subordinate legislation
- 195Subordinate legislation
- 196Negative procedure
- 197Affirmative procedure
- 198Super-affirmative procedure
- Interpretation
- 199Meaning of “child”
- 200Meaning of “relevant person”
- 201Meaning of “relevant local authority”
- 202Interpretation
- General
- 203Consequential amendments and repeals
- 204Ancillary provision
- 205Transitional provision etc.
- 206Short title and commencement
- Schedule 1: Children's Hearings Scotland
- Status
- 1Paragraph 1
- Membership
- 2Paragraph 2
- Persons disqualified from membership
- 3Paragraph 3
- Resignation of members
- 4Paragraph 4
- Removal of members
- 5Paragraph 5
- Remuneration, allowances etc.
- 6Paragraph 6
- Chairing meetings
- 7Paragraph 7
- The National Convener
- 8Paragraph 8
- Supplementary powers of National Convener
- 9Paragraph 9
- Delegation of National Convener's functions
- 10Paragraph 10
- Staff
- 11Paragraph 11
- Area support teams: establishment and membership
- 12Paragraph 12
- Transfer of members from CPACs
- 13Paragraph 13
- Area support teams: functions
- 14Paragraph 14
- Committees
- 15Paragraph 15
- CHS's supplementary powers
- 16Paragraph 16
- Procedure
- 17Paragraph 17
- Delegation of CHS's functions
- 18Paragraph 18
- Financial interests
- 19Paragraph 19
- Grants
- 20Paragraph 20
- Accounts
- 21Paragraph 21
- Provision of accounts and other information to Scottish Ministers
- 22Paragraph 22
- CHS's annual report
- 23Paragraph 23
- National Convener's annual report
- 24Paragraph 24
- Validity of proceedings and actions
- 25Paragraph 25
- Schedule 2: The Children's Panel
- Recruitment and tenure of panel members
- 1Paragraph 1
- List of panel members
- 2Paragraph 2
- Training
- 3Paragraph 3
- Allowances
- 4Paragraph 4
- Schedule 3: The Scottish Children's Reporter Administration
- Status
- 1Paragraph 1
- Membership
- 2Paragraph 2
- Persons disqualified from membership
- 3Paragraph 3
- Resignation of members
- 4Paragraph 4
- Removal of members
- 5Paragraph 5
- Remuneration, allowances etc.
- 6Paragraph 6
- Chairing meetings
- 7Paragraph 7
- The Principal Reporter
- 8Paragraph 8
- Supplementary powers of Principal Reporter
- 9Paragraph 9
- Delegation of Principal Reporter's functions
- 10Paragraph 10
- Staff
- 11Paragraph 11
- Appeals against dismissal
- 12Paragraph 12
- Committees
- 13Paragraph 13
- SCRA's supplementary powers
- 14Paragraph 14
- Procedure
- 15Paragraph 15
- Delegation of SCRA's functions
- 16Paragraph 16
- Financial interests
- 17Paragraph 17
- Grants
- 18Paragraph 18
- Accounts
- 19Paragraph 19
- Provision of accounts and other information to Scottish Ministers
- 20Paragraph 20
- SCRA's annual report
- 21Paragraph 21
- Principal Reporter's annual report
- 22Paragraph 22
- Validity of proceedings and actions
- 23Paragraph 23
- Schedule 4: Transfer of staff and property to CHS
- Interpretation
- 1Paragraph 1
- Staff transfer orders
- 2Paragraph 2
- Schemes for transfer of staff: consultation
- 3Paragraph 3
- Effect on existing contracts of employment
- 4Paragraph 4
- Transfer of property etc. to CHS
- 5Paragraph 5
- Schedule 5: Minor and consequential amendments
- Legal Aid (Scotland) Act 1986 (c.47)
- 1Paragraph 1
- Children (Scotland) Act 1995 (c.36)
- 2Paragraph 2
- Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
- 3Paragraph 3
- Schedule 6Repeals