Children's Hearings (Scotland) Act 2011
Part 1The 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 2The 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 3General 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 4Safeguarders
32The Safeguarders Panel
33Functions of safeguarder
34Safeguarders: regulations
Part 5Child 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 6Investigation 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 7Attendance 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 8Pre-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 9Children'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 10Proceedings 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 11Subsequent children's hearings
119Children's hearing following deferral or proceedings under Part 10
120Powers of children's hearing on deferral under section 119
Part 12Children'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 13Review 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 14Implementation 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 15Appeals
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 16Enforcement of orders
168Enforcement of orders
169Child absconding from place
170Child absconding from person
171Offences related to absconding
Part 17Proceedings 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 18Miscellaneous
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
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
187Rehabilitation of Offenders Act 1974: treatment of certain disposals by children's hearings
Criminal record certificates
188Criminal record certificates
Places of safety
189Places of safety: restrictions on use of police stations
Orders made outwith Scotland
190Effect of orders made outwith Scotland
Part 19Legal aid and advice
191Legal aid and advice
192Power to make regulations about contracts for provision of children's legal aid
Part 20General
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 1Children's Hearings Scotland
Status
1(1) CHS— (a) is not a servant or agent of...
Membership
2(1) The members of CHS are to be appointed by...
Persons disqualified from membership
3A person is disqualified from appointment, and from holding office,...
Resignation of members
4A member of CHS may resign office by giving notice...
Removal of members
5(1) The Scottish Ministers may revoke the appointment of a...
Remuneration, allowances etc.
6(1) CHS must pay to its members—
Chairing meetings
7(1) The Scottish Ministers must appoint one of the members...
The National Convener
8(1) CHS is, with the approval of the Scottish Ministers,...
Supplementary powers of National Convener
9The National Convener may do anything that the National Convener...
Delegation of National Convener's functions
10(1) The functions of the National Convener conferred by virtue...
Staff
11(1) CHS may employ any staff necessary to ensure the...
Area support teams: establishment and membership
12(1) The National Convener must establish and maintain a committee...
Transfer of members from CPACs
13(1) This paragraph applies where (a) the National Convener establishes...
Area support teams: functions
14(1) An area support team is to carry out for...
Committees
15(1) CHS may establish committees. (2) The members of committees...
CHS's supplementary powers
16(1) CHS may do anything that it considers appropriate for...
Procedure
17(1) CHS may determine— (a) its own procedure (including quorum),...
Delegation of CHS's functions
18(1) Any function of CHS (whether conferred by virtue of...
Financial interests
19(1) The Scottish Ministers must from time to time satisfy...
Grants
20(1) The Scottish Ministers may make grants to CHS of...
Accounts
21(1) CHS must— (a) keep proper accounts and accounting records,...
Provision of accounts and other information to Scottish Ministers
22(1) The Scottish Ministers may direct CHS to give them...
CHS's annual report
23(1) CHS must, as soon as is reasonably practicable after...
National Convener's annual report
24(1) The National Convener must, as soon as is reasonably...
Validity of proceedings and actions
25The validity of proceedings or actions of CHS (including proceedings...
SCHEDULE 2The Children's Panel
Recruitment and tenure of panel members
1(1) The National Convener may make arrangements for the recruitment...
List of panel members
2(1) The National Convener must publish a list setting out...
Training
3(1) The National Convener may train, or make arrangements for...
Allowances
4(1) The National Convener may, with the approval of the...
SCHEDULE 3The Scottish Children's Reporter Administration
Status
1(1) SCRA— (a) is not a servant or agent of...
Membership
2(1) The members of SCRA are to be appointed by...
Persons disqualified from membership
3A person is disqualified from appointment, and from holding office,...
Resignation of members
4A member of SCRA may resign office by giving notice...
Removal of members
5(1) The Scottish Ministers may revoke the appointment of a...
Remuneration, allowances etc.
6(1) SCRA must pay to its members—
Chairing meetings
7(1) The Scottish Ministers must appoint one of the members...
The Principal Reporter
8(1) The Principal Reporter is to be appointed by SCRA...
Supplementary powers of Principal Reporter
9The Principal Reporter may do anything that the Principal Reporter...
Delegation of Principal Reporter's functions
10(1) The functions of the Principal Reporter conferred by virtue...
Staff
11(1) SCRA may employ any staff necessary to ensure the...
Appeals against dismissal
12(1) A person employed by SCRA who is of a...
Committees
13(1) SCRA may establish committees. (2) The members of committees...
SCRA's supplementary powers
14(1) SCRA may do anything that it considers appropriate for...
Procedure
15SCRA may determine— (a) its own procedure (including quorum), and...
Delegation of SCRA's functions
16(1) Any function of SCRA (whether conferred by virtue of...
Financial interests
17(1) The Scottish Ministers must from time to time satisfy...
Grants
18(1) The Scottish Ministers may make grants to SCRA of...
Accounts
19(1) SCRA must— (a) keep proper accounts and accounting records,...
Provision of accounts and other information to Scottish Ministers
20(1) The Scottish Ministers may direct SCRA to give them...
SCRA's annual report
21(1) SCRA must, as soon as is reasonably practicable after...
Principal Reporter's annual report
22(1) The Principal Reporter must, as soon as is reasonably...
Validity of proceedings and actions
23The validity of proceedings or actions of SCRA (including proceedings...
SCHEDULE 4Transfer of staff and property to CHS
Interpretation
1In this schedule— “recognised” has the meaning given by section...
Staff transfer orders
2(1) The Scottish Ministers may by order (a “staff transfer...
Schemes for transfer of staff: consultation
3(1) Sub-paragraph (2) applies where a staff transfer order includes...
Effect on existing contracts of employment
4(1) This paragraph applies where— (a) a person is to...
Transfer of property etc. to CHS
5(1) The Scottish Ministers may make a transfer scheme.
SCHEDULE 5Minor and consequential amendments
Legal Aid (Scotland) Act 1986 (c.47)
1(1) The Legal Aid (Scotland) Act 1986 is amended as...
Children (Scotland) Act 1995 (c.36)
2(1) The Children (Scotland) Act 1995 is amended as follows....
Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
3In section 12 of the Antisocial Behaviour etc. (Scotland) Act...
SCHEDULE 6Repeals

Children's Hearings (Scotland) Act 2011

2011 asp 1

An Act of the Scottish Parliament to restate and amend the law relating to children's hearings; and for connected purposes.

Annotations:
Modifications etc. (not altering text)