Section 106 Application by virtue of section 94: ground accepted by relevant person before determinationI1

Scotland

(1)

This section applies where—

(a)

an application to the sheriff is made by virtue of section 94(2)(a) in relation to a ground on the basis that the child would not understand, or has not understood, an explanation given in compliance with section 90(1)(a), and

(b)

before the application is determined the ground is accepted by each relevant person in relation to the child who is present at the hearing before the sheriff.

F1(1A)

The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.

(2)

The sheriff may determine the application without a hearing unless—

(a)

a person mentioned in subsection (3) requests that a hearing be held, or

(b)

the sheriff considers that it would not be appropriate to determine the application without a hearing.

(3)

The persons are—

(a)

the child,

(b)

a relevant person in relation to the child,

(c)

if a safeguarder has been appointed, the safeguarder,

(d)

the Principal Reporter.

(4)

If the sheriff determines the application without a hearing, the sheriff must do so before the expiry of the period of 7 days beginning with the day on which the application is made.

Annotations

Textual amendments

F1: S. 106(1A) inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(6); S.S.I. 2014/353, art. 2(2)(3), Sch.

Commencement

I1: S. 106 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3