Draft Order laid before the Scottish Parliament under section 197(2) and 200(3) of the Children’s Hearings (Scotland) Act 2011, for approval by resolution of the Scottish Parliament.
2013 No.
The Children’s Hearings (Scotland) Act 2011 (Review of Contact Directions and Definition of Relevant Person) Order 2013
Made
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 126(2)(b) and 200(1)(g) of the Children’s Hearings (Scotland) Act 20111 and all other powers enabling them to do so.
In accordance with sections 197(2) and 200(3) of that Act a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Children’s Hearings (Scotland) Act 2011 (Review of Contact Directions and Definition of Relevant Person) Order 2013 and comes into force on the same day as section 126 (review of contact direction) of the Children’s Hearings (Scotland) Act 2011.
Review of contact directions2
1
The condition set out in paragraph (2) is specified for the purposes of section 126(2)(b) of the Children’s Hearings (Scotland) Act 2011 (review of contact direction).
2
The condition is that the individual, who is not a relevant person in relation to the child, has or recently has had a significant involvement in the upbringing of the child.
3
In this article “relevant person” includes a person who is to be treated as the child’s relevant person by virtue of a decision under section 81(3), 160(4)(b) or 164 of the Children’s Hearings (Scotland) Act 2011.
Meaning of “relevant person”3
1
A person falling within paragraph (2) is specified for the purposes of section 200(1)(g) of the Children’s Hearings (Scotland) Act 2011 (meaning of “relevant person”).
2
A person falls within this paragraph if the person is—
a
a parent of the child other than—
i
a parent falling within paragraph (a) or (d) of section 200(1) of the Children’s Hearings (Scotland) Act 2011;
ii
a parent who had parental responsibilities and rights (or in England and Wales or Northern Ireland, parental responsibility) in relation to the child but, by virtue of an order of court, no longer has them;
b
a person, having parental responsibilities for the child by virtue of article 12(2) of the Children (Northern Ireland) Order 19952.
(This note is not part of the Order)