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The Children’s Hearings (Scotland) Act 2011 (National Convener Appeal against Dismissal) Regulations 2011

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Regulation 7(3)

SCHEDULE

1.  Ministers shall appoint to the panel constituted under regulation 7—

(a)as chairing member of the panel, a practising solicitor or advocate who has been qualified for at least 10 years; and

(b)2 further persons as members of the panel, being persons of such qualifications and experience as Ministers consider appropriate.

2.  Ministers must pay to the chairing member and other members of the panel such remuneration and allowances towards expenses properly incurred as Ministers determine.

3.  Ministers may make such administrative arrangements as they consider necessary for the purposes of the inquiry.

4.  Ministers must give to the panel a copy of all statements, reasons, representations and other information given to them under these Regulations in connection with the appeal (other than comments given under regulation 7(5)).

5.  The inquiry shall be held in private.

6.  The panel may, for the purposes of enabling or assisting them to make their report to Ministers under paragraph 8, invite the National Convener or CHS to give such comments, representations or information to the panel as the National Convener or CHS may wish to make.

7.  The National Convener and CHS may be assisted in presenting their case for the purposes of the appeal, and be represented at the inquiry, by a solicitor, advocate, trade union representative or other representative.

8.  The panel must make a report to Ministers before the expiry of the period of 14 days from the last day on which the inquiry was conducted.

9.  The report must include—

(a)a statement of the facts found by, or admitted to, the panel;

(b)the opinion of the panel as to whether the dismissal was just and proper having regard to the facts; and

(c)appropriate recommendations, where appropriate, in relation to reinstatement of the National Convener, the date on which this should take effect and the payment to the National Convener of any sum referred to in regulation 8(2)(a)(ii).

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