Section 31 Sheriff: duty to consider appointing safeguarderI1

Scotland

(1)

This section applies where—

(a)

proceedings are being taken before the sheriff under Part 10 or 15 in relation to a child, and

(b)

a safeguarder has not been appointed for the child in relation to proceedings under those Parts.

(2)

The sheriff must consider whether to appoint a safeguarder for the child.

(3)

The sheriff may appoint a safeguarder for the child.

(4)

A safeguarder appointed under this section is to be treated for the purposes of this Act (other than this section F1and section 33) as having been appointed by a children's hearing by virtue of section 30.

(5)

An appointment under subsection (3) must be recorded.

(6)

If the sheriff appoints a safeguarder, the sheriff must give reasons for the decision.

Annotations

Textual amendments

F1: Words in s. 31(4) 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(6)

Commencement

I1: S. 31 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3