Section 27 Views of the childI1

Scotland

(1)

This section applies where by virtue of this Act a children's hearingF1, pre-hearing panel or the sheriff is coming to a decision about a matter relating to a child.

(2)

This section does not apply where the sheriff is deciding whether to make a child protection order in relation to a child.

(3)

The children's hearingF2, pre-hearing panel or the sheriff must, so far as practicable and taking account of the age and maturity of the child—

(a)

give the child an opportunity to indicate whether the child wishes to express the child's views,

(b)

if the child wishes to do so, give the child an opportunity to express them, and

(c)

have regard to any views expressed by the child.

(4)

Without prejudice to the generality of subsection (3), a child who is aged 12 or over is presumed to be of sufficient age and maturity to form a view for the purposes of that subsection.

(5)

In this section “coming to a decision about a matter relating to a child”, in relation to a children's hearingF3, pre-hearing panel, includes—

(a)

providing advice by virtue of section 50,

(b)

preparing a report under section 141(2).

Annotations

Textual amendments

F1: Words in s. 27(1) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(4)
F2: Words in s. 27(3) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(4)
F3: Words in s. 27(5) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(4)

Commencement

I1: S. 27 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3