Children's Hearings (Scotland) Act 2011

142 Review of determination that person be deemed a relevant person S

(1) This section applies where, in relation to a child—

(a) a children's hearing determines a review of a compulsory supervision order by varying or continuing the order,

(b) an individual is deemed to be a relevant person by virtue of section 81, and

(c) it appears to the children's hearing that the individual may no longer have (nor recently have had) a significant involvement in the upbringing of the child.

[F1 (1A) But this section does not apply where the matter of whether the individual should continue to be deemed to be a relevant person in relation to the child—

(a) has been determined by a meeting of a pre-hearing panel held in relation to the children's hearing, or

(b) is, by virtue of section 80(3), to be determined by the children's hearing.]

(2) The children's hearing must review whether the individual should continue to be deemed to be a relevant person in relation to the child.

(3) If the children's hearing considers that it is appropriate to do so, the children's hearing may defer determining the review under subsection (2) until a subsequent children's hearing under this section.

(4) Otherwise, if the children's hearing determines that the individual does not have (and has not recently had) a significant involvement in the upbringing of the child then—

(a) the children's hearing must direct that the individual is no longer to be deemed to be a relevant person, and

(b) section 81(4) ceases to apply in relation to the individual (except in relation to any appeal arising from the determination mentioned in subsection (1)(a)).

Textual Amendments

F1 S. 142(1A) inserted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(7); S.S.I. 2014/353, art. 2(2)(3), Sch.

Commencement Information

I1 S. 142 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3