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The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780111020326

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

These draft Rules replace the ones laid on 15th April 2013 and are being issued free of charge to all known recipients of those draft Rules.

Draft Rules laid before the Scottish Parliament under sections 177(4) and 197 of the Children’s Hearings (Scotland) Act 2011, for approval by resolution of the Scottish Parliament.

Children And Young Persons

Made 2013

Coming into force in accordance with rule 1

The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 177 and 195 of the Children’s Hearings (Scotland) Act 2011f1 and all other powers enabling them to do sof2.

In accordance with section 177(4) and 197 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with paragraph 24(1) and (3) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007f3 the Scottish Ministers have consulted the Administrative Justice and Tribunals Council and it has consulted its Scottish Committee.

Annotations to the whole text

Footnotes

f1

2011 asp 1.

f2

The powers to make these Rules are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10.)

f3

2007 c.15. Children’s hearings under the Children’s Hearings (Scotland) Act 2011 (“the Act”) were added to the list of listed tribunals for the purpose of Schedule 7 to the 2007 Act by virtue of S.S.I. 2011/405.

Contents

  1. Part 1: Introductory and General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: Selection of children’s hearings and pre-hearing panel members and duties of members
  5. 3Selection of members of children’s hearing and pre-hearing panel - supplementary
  6. 4Selection of chairing member for pre-hearing panels and children’s hearings
  7. 5Duties of members of the pre-hearing panel or children’s hearing relating to documents and information
  8. 6Duties of chairing member of a pre-hearing panel or children’s hearing
  9. 7Procedure at children’s hearings and pre-hearing panels where not otherwise specified
  10. Part 3: Duties and roles of persons attending or preparing documents for children’s hearings and pre-hearing panels
  11. 8Requirement to include child’s views in documents
  12. 9Duties of safeguarder in respect of information and documents
  13. 10Attendance at children’s hearings by member of the Administrative Justice and Tribunals Council or the Scottish Committee of that Council or a member of an Area Support Team
  14. 11Role of representative of the child, relevant person or deemed relevant person
  15. Part 4: General Duties of the Reporter
  16. 12Record keeping by the Reporter of investigation and determination
  17. 13Record keeping duties of the Reporter in relation to children’s hearings
  18. 14The statement of grounds
  19. 15Duties of Reporters where information to be withheld from a person
  20. 16Withholding of specified documents and information by the Reporter
  21. 17Duties of the Reporter where a child is detained under a warrant to secure the attendance of the child
  22. 18Notification and provision of information to a young child
  23. Part 5: Attendance at Hearings
  24. 19Further provision in relation to the attendance of the child and relevant person at a children’s hearing or pre-hearing panel
  25. 20Attendance at a children’s hearing
  26. Part 6: Arranging children’s hearings – general
  27. 21Application of Part
  28. 22Notification of children’s hearings - general
  29. 23Other information to be given with notification of a children’s hearing to the child and each relevant person
  30. 24Other information to be given with notification of a children’s hearing to certain other persons
  31. 25Information to be sent to the members of the children’s hearing
  32. 26Provision of information prior to children’s hearing
  33. Part 7: Specific provision for arranging grounds hearings
  34. 27Additional information to be given to the child and each relevant person in relation to a grounds hearing
  35. 28Information to be given to the members of the grounds hearing
  36. 29Provision of information for a grounds hearing where section 69(3) (determination under section 66: referral to children’s hearing) of the Act applies or following the making of a child protection order under section 38 (consideration by sheriff: application by local authority only) or 39 (consideration by sheriff: application by local authority or other person) of the Act
  37. 30Arranging a grounds hearing where a compulsory supervision order is already in force in relation to the child
  38. Part 8: Specific provision for arranging a children’s hearing to be held under section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act
  39. 31Provision of information to the child, relevant persons and any appointed safeguarder for a children’s hearing to which section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act applies
  40. 32Information to be given to the members of the children’s hearing to which section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act applies
  41. 33Provision of information for children’s hearing to which section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act applies where section 109(7) (determination: power to make interim compulsory supervision order etc.), 115(5) (recall: power to refer other grounds) or 117(5) (new section 67 ground established: sheriff to refer to children’s hearing) of the Act also applies.
  42. Part 9: Specific provision for arranging a children’s hearing to which section 137 (duty to arrange children’s hearing) of the Act applies
  43. 34Provision of information to the child and relevant persons for a children’s hearing to which section 137 (duty to arrange children’s hearing) of the Act applies
  44. 35Information to be given to the members of the children’s hearing to which section 137 (duty to arrange children’s hearing) of the Act applies
  45. 36Provision of information for a review hearing where section 136 (duty to initiate review where child transferred) of the Act applies
  46. Part 10: Arranging a grounds hearing where grounds hearing or review hearing has deferred or application made to the sheriff
  47. 37Papers to be sent when new grounds presented after grounds hearing deferred or application made to the sheriff
  48. 38Papers to be sent when new grounds presented after review hearing deferred
  49. Part 11: Arranging other children’s hearings
  50. 39Arranging a children’s hearing under section 45 (review by children’s hearing where child in place of safety) or 46 (review by children’s hearing where order prevents removal of child) of the Act – 2nd working day hearing
  51. 40Arranging a children’s hearing under section 50 (children’s hearing to provide advice to sheriff in relation to application) of the Act
  52. 41Provision of information for a children’s hearing under section 96(2) (children’s hearing to consider need for further interim compulsory supervision order)
  53. 42Arranging a children’s hearing under section 126 (review of contact direction) of the Act
  54. 43Arranging a children’s hearing under section 142 (review of determination that person be deemed a relevant person)
  55. 44Arranging a children’s hearing for the purposes of section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995
  56. Part 12: Pre-hearing panels and determination of matters which may be referred to pre-hearing panels
  57. 45Arranging pre-hearing panel - determination of relevant person status
  58. 46Arranging pre-hearing panels to determine matter in section 79(3) (referral of certain matters for pre-hearing determination) of the Act
  59. 47Provision of information to pre-hearing panel
  60. 48Procedure at pre-hearing panel determination of whether to deem an individual to be a relevant person
  61. 49Procedure at pre-hearing panel determination of any other matter
  62. 50Notice of pre-hearing panel determination
  63. 51Provision of information to persons deemed to be relevant persons
  64. 52Notification of matter to be determined under section 79 (referral of certain matters for pre-hearing determination) where not practicable to arrange a pre-hearing panel before the date fixed for the children’s hearing
  65. 53Provision of information relating to matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act to the children’s hearing
  66. 54Children’s hearing determining a matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act
  67. 55Children’s hearings’ power to determine whether a person should be deemed to be a relevant person where no referral made under section 79 (referral of certain matters for pre-hearing determination) of the Act
  68. Part 13: Appointment of safeguarder and safeguarders’ reports
  69. 56Appointment of safeguarder by pre-hearing panel or children’s hearing
  70. 57Duty of Reporter on receipt of report from safeguarder
  71. Part 14: Procedure at children’s hearings – general
  72. 58Children’s hearings procedure - general
  73. Part 15: Procedure at grounds hearing and children’s hearings to which section 119 (children’s hearing following deferral or proceedings under Part 10) or 137 (duty to arrange children’s hearing) of the Act applies
  74. 59Procedure at a grounds hearing - grounds put to the child and relevant person
  75. 60Procedure where section 91(1) (grounds accepted: powers of grounds hearing), 119(1) (children’s hearing following deferral or proceedings under Part 10), or 138(1) (powers of children’s hearing on review) of the Act applies
  76. 61Procedure when proceedings under section 91(2) (grounds accepted: powers of grounds hearing), 119(2) (children’s hearing following deferral or proceedings under Part 10) or 138(2) (powers of children’s hearing on review) of the Act
  77. 62Procedure where section 91(3) (grounds accepted: powers of grounds hearing), 119(3) (children’s hearing following deferral or proceedings under Part 10) or 138(3) (powers of children’s hearing on review) of the Act applies
  78. 63Grounds hearing procedures where section 93 (grounds not accepted: application to sheriff or discharge) or 94 (child or relevant person unable to understand grounds) of the Act applies
  79. 64Procedure where section 95 (child fails to attend grounds hearing) of the Act applies
  80. 65Procedure where report required under section 141 (preparation of report in circumstances relating to permanence order or adoption) of the Act
  81. 66Procedure where there is a review of determination that person be deemed a relevant person
  82. 67Breach of duties imposed by sections 144 (implementation of compulsory supervision order: general duties of implementation authority) or 145 (duty where order requires child to reside in certain place) of the Act
  83. Part 16: Procedure where Part 10 of these Rules applies
  84. 68Procedure where rule 37 applies
  85. 69Procedure where rule 38 applies
  86. Part 17: Procedure at other children’s hearings
  87. 70Procedure at a children’s hearing held under section 45 (review by children’s hearing where child in place of safety) or 46 (review by children’s hearing where order prevents removal of child) of the Act
  88. 71Procedure where Reporter receives notice under section 49 (notice of application for variation or termination) of the Act after arranging hearing under section 45 or 46 (review by children’s hearing where child in place of safety or order prevents removal of child) of the Act
  89. 72Procedure where hearing held by virtue of section 50 (children’s hearing to provide advice to sheriff in relation to application) of the Act
  90. 73Procedure at a children’s hearing arranged under section 96(2) (children’s hearing to consider need for further interim compulsory supervision order) of the Act
  91. 74Procedure at a children’s hearing held under section 126 (review of contact direction) of the Act
  92. 75Procedure where advice required under section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995
  93. 76Procedure where application to suspend the decision of the children’s hearing made under section 158 (compulsory supervision order: suspension pending appeal) of the Act
  94. 77Procedure at a children’s hearing where a report is required under section 95(2) of the Adoption and Children (Scotland) Act 2007 (duty of children’s hearing to prepare report for court)
  95. Part 18: General issues for children’s hearings
  96. 78Procedure where a warrant to secure attendance may be granted under section 123 (general power to grant warrant to secure attendance) of the Act
  97. 79Procedure where advice sought by children’s hearing from National Convener under section 8 (provision of advice to children’s hearing) of the Act
  98. 80Requirements where compulsory supervision order to be made
  99. 81Requirements where section 126 (review of contact direction) of the Act applies
  100. 82Requirements where section 127 (referral where failure to provide education for excluded pupil) of the Act applies
  101. 83Requirements where section 128 (duty to consider applying for parenting order) of the Act applies
  102. Part 19: Procedure at a pre-hearing panel or a children’s hearing where a non-disclosure request is made
  103. 84Non-disclosure requests
  104. 85Determination of a non-disclosure request
  105. 86Procedure following receipt of a non-disclosure request made prior to a children’s hearing
  106. 87Procedure following receipt of a non-disclosure request made during a children’s hearing
  107. Part 20: Notifying decisions
  108. 88Notifying decision of a children’s hearing to the child, relevant person and appointed safeguarder
  109. 89Information to be given to the implementation authority and others
  110. 90Information to be given to the chief constable and use of that information
  111. 91Notifying decision of section 45 or 46 (review of children’s hearing where child in place of safety or order prevents removal of child) hearing
  112. 92Notifying decision of section 126 (review of contact direction) hearing
  113. 93Notifying decision of section 158 (compulsory supervision order: suspension pending appeal) hearing
  114. Part 21: Specific provision for children’s hearings arranged under the Children’s Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013
  115. 94Provision of information for review of secure accommodation authorisation
  116. 95Procedure where children’s hearing to review secure accommodation authorisation
  117. 96Notifying decision of review of secure accommodation authorisation
  118. Part 22: Miscellaneous
  119. 97Travelling and subsistence expenses
  120. 98Authentication of documents
  121. 99Written communications
  122. 100Service of notification and documents
  123. Signature
  124. Explanatory note