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Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009

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Report of children’s hearing

51.—(1) On receipt of a report from a children’s hearing under section 95(2) of the 2007 Act the sheriff clerk shall—

(a)lodge the report in the process of the application; and

(b)send a copy of the report together with a notice in Form 23 to—

(i)the parties to the application;

(ii)any relevant person in relation to the child within the meaning given by section 93(2) of the 1995 Act; and

(iii)such other person as the sheriff considers appropriate.

(2) Any person who receives notice under paragraph (1)(b) and who wishes to oppose the proposals of the children’s hearing must lodge a form of response in Form 24 within 7 days of the date notice was given.

(3) Thereafter the sheriff shall consider the report and any form of response lodged under paragraph (2) and decide whether to refer the child’s case to the Principal Reporter as mentioned in section 96(3) of the 2007 Act.

(4) Where the sheriff decides to refer the child’s case to the Principal Reporter as mentioned in section 96(3) of the 2007 Act, he shall pronounce an order to this effect which shall narrate in terms that he is referring the child’s case to the Principal Reporter as mentioned in that provision.

(5) Where the sheriff decides not to refer the child’s case to the Principal Reporter, he may nevertheless make such other order he considers appropriate for the expeditious progress of the case.

(6) In order to assist him to decide what to do under paragraph (3), the sheriff may order the holding of a hearing.

(7) If the sheriff so decides, he shall fix a date for the hearing which shall be not more than 7 days after the date of the order.

(8) The sheriff clerk shall intimate any hearing under paragraph (6) to—

(a)the parties to the application;

(b)any person who lodged a form of response under paragraph (2);

(c)any relevant person in relation to the child within the meaning given by section 93(2) of the 1995 Act; and

(d)such other person as the sheriff considers appropriate.

(9) The sheriff may allow a continuation of a hearing under paragraph (6) on two occasions only, each for a period not exceeding 14 days.

(10) After the sheriff has made his decision under paragraph (3), the sheriff clerk shall send a notice in Form 25 to the Principal Reporter.

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