Children (Scotland) Act 1995

Business meeting preparatory to children’s hearing

64 Business meeting preparatory to children’s hearing

(1) At any time prior to the commencement of proceedings at the children’s hearing, the Principal Reporter may arrange a meeting with members of the children’s panel from which the children’s hearing is to be constituted under section 39(4) of this Act for those proceedings (any such meeting being, in this Part of this Act referred to as a “business meeting”).

(2) Where a business meeting is arranged under subsection (1) above, the Principal Reporter shall give notice to the child in respect of whom the proceedings are to be commenced and any relevant person in relation to the child—

(a) of the arrangement of the meeting and of the matters which may be considered and determined by the meeting;

(b) of their right to make their views on those matters known to the Principal Reporter; and

(c) of the duty of the Principal Reporter to present those views to the meeting.

(3) A business meeting, subject to subsection (4) below—

(a) shall determine such procedural and other matters as may be prescribed by rules under subsection (1) of section 42 of this Act by virtue of subsection (2)(a) of that section; and

(b) may give such direction or guidance to the Principal Reporter in relation to the performance of his functions in relation to the proceedings as they think appropriate.

(4) Before a business meeting makes such a determination or gives such direction or guidance to the Principal Reporter, the Principal Reporter shall present, and they shall consider, any views expressed to him by virtue of subsection (2)(b) above.

(5) Subject to any rules made under section 42(1) of this Act by virtue of subsection (2)(a) of that section and with the exception of sections 44 and, as regards any determination made by the business meeting under subsection (3)(a) above, 51, the provisions of this Act which relate to a children’s hearing shall not apply to a business meeting.