The Children’s Hearings (Scotland) Act 2011 (Appeals against Dismissal by SCRA) Regulations 2012

Response by SCRA

5.—(1) SCRA must, before the expiry of the period of 21 days from the day of receipt of the statement and accompanying information under regulation 4(4), give to Ministers notification as to whether or not the appeal is opposed.

(2) If the appeal is opposed SCRA must, at the same time as notifying Ministers under paragraph (1), give to Ministers—

(a) the reasons for opposing the appeal;

(b) the reasons for dismissing the Principal Reporter or other SCRA employee and details of all information taken into account by SCRA in determining to do so; and

(c) any representations SCRA wish to submit regarding the statement and information provided by the Principal Reporter or other SCRA employee under regulation 4.

(3) SCRA must, at the same time as notifying Ministers under paragraph (1) and, where applicable, giving Ministers the reasons, information and representations under paragraph (2), give the Principal Reporter or other SCRA employee, as the case may be, confirmation as to whether the appeal is opposed and, where applicable, give the Principal Reporter or other SCRA employee a copy of all the reasons, information and representations provided to Ministers under paragraph (2).

(4) The Principal Reporter or other SCRA employee may, before the expiry of the period of 21 days from the day of receipt of the reasons, information and representations in paragraph (3), give Ministers any comments on the reasons, information and representations supplied by SCRA to Ministers under paragraph (2) that the Principal Reporter or other SCRA employee wish to make.

(5) Where the Principal Reporter or other SCRA employee gives any comments to Ministers under paragraph (4) the Principal Reporter or other SCRA employee must, at the same time, give a copy of those comments to SCRA.