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Children’s Hearings (Scotland) Act 2011

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This is the original version (as it was originally enacted).

Delegation of National Convener’s functions

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10(1)The functions of the National Convener conferred by virtue of this Act or any other enactment (other than the functions mentioned in sub-paragraph (2)) may be carried out on the National Convener’s behalf by a person who is—

(a)authorised (whether specially or generally) by the National Convener for the purpose, or

(b)a person of a class of person authorised (whether specially or generally) by the National Convener for the purpose.

(2)The functions are—

(a)the function conferred by paragraph 24,

(b)functions conferred by paragraph 1(2) to (6) of schedule 2.

(3)The National Convener may not under sub-paragraph (1) authorise the Principal Reporter, SCRA or a local authority to carry out a function on behalf of the National Convener.

(4)The National Convener may not under sub-paragraph (1) authorise a person employed by SCRA or a local authority to carry out the function conferred on the National Convener by section 8.

(5)If under sub-paragraph (1) the National Convener delegates the function conferred on the National Convener by section 8, the National Convener may not delegate any other function to the same person under that sub-paragraph.

(6)Nothing in sub-paragraph (1) prevents the National Convener from carrying out any function delegated under that sub-paragraph.

(7)The Scottish Ministers may by regulations prescribe the qualifications to be held by a person to whom a function, or a function of a class, specified in the regulations is delegated.

(8)A person to whom a function is delegated under sub-paragraph (1) must comply with a direction given to the person by the National Convener about the carrying out of the function.

(9)CHS may pay to a person to whom a function is delegated under sub-paragraph (1) such expenses and allowances as the Scottish Ministers may determine.

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