Children’s Hearings (Scotland) Act 2011 Explanatory Notes

Section 200 – Meaning of “relevant person”

327.This section defines the meaning of “relevant person” in relation to a child in the Act. A relevant person means:

  • a parent or guardian who has parental responsibilities or parental rights in relation to the child under Part 1 of the 1995 Act;

  • a person in whom parental responsibilities or parental rights are vested under section 11(2)(b) of the 1995 Act; a person in whom parental responsibilities or parental rights are vested under section 11(12) of the 1995 Act;

  • a parent having parental responsibility for the child under Part 1 of the Children Act 1989;

  • a person having parental responsibility for the child under other provisions of the 1989 Act or the Adoption and Children Act 2002;

  • a person in whom parental responsibilities or parental rights are vested by a permanence order under the Adoption and Children (Scotland) Act 2007; or

  • any other person specified by order made by the Scottish Ministers.

328.Any such order will be subject to affirmative procedure. Subsection (2) provides that a parent does not have parental responsibilities or rights merely by virtue of contact order or specific issues order made under section 11(2)(d) or (e) of the 1995 Act.

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