Search Legislation

Children’s Hearings (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

Part 8Pre-hearing panel

79Referral of certain matters for pre-hearing determination

(1)This section applies where a children’s hearing is to be held in relation to a child by virtue of section 69(2) or Part 9 to 11 or 13.

(2)The Principal Reporter—

(a)must refer the matter of whether a particular individual should be deemed to be a relevant person in relation to the child for determination by three members of the Children’s Panel selected by the National Convener (a “pre-hearing panel”) if requested to do so by—

(i)the individual in question,

(ii)the child, or

(iii)a relevant person in relation to the child,

(b)may refer that matter for determination by a pre-hearing panel on the Principal Reporter’s own initiative,

(c)may refer a matter of a type mentioned in subsection (3) for determination by a pre-hearing panel—

(i)on the Principal Reporter’s own initiative, or

(ii)following a request to the Principal Reporter from the child, a relevant person in relation to the child, or if a safeguarder has been appointed for the child, the safeguarder.

(3)Those matters are—

(a)whether the child should be excused from attending the children’s hearing,

(b)whether a relevant person in relation to the child should be excused from attending the children’s hearing,

(c)whether it is likely that the children’s hearing will consider making a compulsory supervision order including a secure accommodation authorisation in relation to the child,

(d)a matter specified in rules under section 177(2)(a).

(4)For the purposes of subsection (3)(a), the pre-hearing panel may excuse the child from attending the children’s hearing only if—

(a)the pre-hearing panel is satisfied that any of paragraphs (a) to (c) of section 73(3) applies, or

(b)the child may be excused under rules under section 177.

(5)For the purposes of subsection (3)(b), the pre-hearing panel may excuse a relevant person in relation to the child from attending the children’s hearing only if—

(a)the pre-hearing panel is satisfied that section 74(3)(a) or (b) applies, or

(b)the relevant person may be excused under rules under section 177.

(6)A member of the Children’s Panel selected for a pre-hearing panel may (but need not) be a member of the children’s hearing.

80Determination of matter referred under section 79

(1)This section applies where the Principal Reporter refers a matter to a pre-hearing panel under section 79(2).

(2)The Principal Reporter must arrange a meeting of the pre-hearing panel for a date before the date fixed for the children’s hearing.

(3)If it is not practicable for the Principal Reporter to comply with subsection (2), the children’s hearing must determine the matter referred at the beginning of the children’s hearing.

81Determination of claim that person be deemed a relevant person

(1)This section applies where a matter mentioned in section 79(2)(a) (a “relevant person claim”) is referred to a meeting of a pre-hearing panel.

(2)Where the relevant person claim is referred along with any other matter, the pre-hearing panel must determine the relevant person claim before determining the other matter.

(3)The pre-hearing panel must deem the individual to be a relevant person if it considers that the individual has (or has recently had) a significant involvement in the upbringing of the child.

(4)Where the pre-hearing panel deems the individual to be a relevant person, the individual is to be treated as a relevant person for the purposes of Parts 7 to 15, 17 and 18 in so far as they relate to—

(a)the children’s hearing,

(b)any subsequent children’s hearing under Part 11,

(c)any pre-hearing panel held in connection with a children’s hearing mentioned in paragraph (a), (b) or (e),

(d)any compulsory supervision order, interim compulsory supervision order, medical examination order, or warrant to secure attendance made by—

(i)a hearing mentioned in paragraph (a) or (b),

(ii)the sheriff in any court proceedings falling within paragraph (f),

(e)any children’s hearing held for the purposes of reviewing a compulsory supervision order falling within paragraph (d),

(f)any court proceedings held in connection with a hearing mentioned in paragraph (a), (b) or (e),

(g)any court proceedings held in connection with an order or warrant falling within paragraph (d),

(h)the implementation of an order or warrant falling within paragraph (d).

(5)The Scottish Ministers may by order—

(a)amend subsection (3),

(b)in consequence of provision made under paragraph (a), make such other amendments as appear to the Scottish Ministers to be necessary or expedient to—

(i)section 43,

(ii)section 48,

(iii)section 51,

(iv)this section,

(v)section 142.

(6)An order under subsection (5) is subject to the affirmative procedure.

(7)Where, by virtue of section 80(3), the children’s hearing is to determine the relevant person claim, references in subsections (2) to (4) (other than paragraph (c) of subsection (4)) to the pre-hearing panel are to be read as references to the children’s hearing.

82Appointment of safeguarder

(1)A pre-hearing panel may appoint a safeguarder for the child to whom the children’s hearing relates.

(2)A pre-hearing panel must record an appointment made under subsection (1).

(3)If a pre-hearing panel appoints a safeguarder, it must give reasons for the decision.

(4)Subsection (1) does not apply where a safeguarder has already been appointed.

(5)A safeguarder appointed under this section is to be treated for the purposes of this Act (other than this section) as being appointed by a children’s hearing by virtue of section 30.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources