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The Children’s Hearings (Legal Representation) (Scotland) Rules 2001

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Legal representation for the purpose of assisting children at a Children’s Hearing

3.—(1) A business meeting arranged by the Principal Reporter under section 64(1) of the Act may appoint to any child who is due to appear before the Children’s Hearing a legal representative if it appears to that business meeting, notwithstanding that an appointment may be made under section 41(1) of the Act, that–

(a)legal representation is required to allow the child to effectively participate at the Hearing; or

(b)it may be necessary to make a supervision requirement (or a review of such requirement) which includes a requirement for the child to reside in a named residential establishment and the child is likely to meet the criteria specified in section 70(10) of the Act and the Secure Accommodation (Scotland) Regulations 1996(1).

(2) The Children’s Hearing may at any time appoint to any child a legal representative if it appears to that Hearing that either of the circumstances in paragraph (1)(a) or (b) above apply notwithstanding that:

(a)a business meeting or a previous Children’s Hearing has considered the appointment of a legal representative for the child who is the subject of the Hearing; or

(b)an appointment has been or may be made under section 41(1) of the Act.

(3) When any appointment of a legal representative is made, the business meeting or the Children’s Hearing shall direct the Principal Reporter to advise the local authority of that appointment.

(1)

S.I. 1996/3255.

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