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The Children’s Hearings (Scotland) Act 2011 (Safeguarders: Further Provision) Regulations 2012

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Termination of safeguarders’ appointments – appointment by sheriff in respect of certain proceedings under Part 15 of the Act

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4.—(1) Where a safeguarder is appointed in relation to a child by a sheriff under section 31 of the Act in respect of an appeal made under section 160 of the Act (appeal to sheriff against relevant person determination) the appointment of the safeguarder ceases on the occurrence of whichever of the following events first occurs—

(a)the expiry of the time allowed to appeal against the determination of the sheriff of an appeal under section 160 of the Act in relation to a decision of a children’s hearing or pre-hearing panel mentioned in section 160(1) without an appeal having been lodged by any person entitled under section 164(3) of the Act (appeals to sheriff principal and Court of Session: relevant persons) to appeal that decision;

(b)the expiry of the time allowed to appeal against the decision of the sheriff principal of an appeal under section 164 of the Act in relation to the determination of the sheriff of an appeal under section 160 of the Act without any persons entitled under section 164(3) of the Act to appeal that decision; or

(c)where any person entitled under section 164(3) of the Act appeals to the Court of Session against the determination of the sheriff of an appeal under section 160 of the Act or the decision of the sheriff principal in an appeal under section 164 of the Act, the disposal of the case by the sheriff after the Court of Session or the sheriff principal has remitted the case to the sheriff under section 164(6) of the Act.

(2) Where a safeguarder is appointed in relation to a child by a sheriff under section 31 of the Act in respect of an appeal made under section 161 of the Act (appeal to sheriff against decision affecting contact or permanence order) the appointment of the safeguarder ceases on the occurrence of whichever of the following events first occurs—

(a)the expiry of the time allowed to appeal against the determination of the sheriff of an appeal under section 161 of the Act in relation to a decision of the children’s hearing under section 126(6) of the Act (review of contact direction) without an appeal having been lodged by any person entitled under section 165(3) of the Act to appeal that decision;

(b)the expiry of the time allowed to appeal against the determination of the sheriff principal of an appeal under section 165(1) of the Act in relation to the determination of the sheriff of an appeal under section 161 of the Act without an appeal having been lodged by any person entitled under section 165(3) of the Act to appeal that decision; or

(c)where any person entitled under section 165(3) of the Act appeals to the Court of Session against the determination of the sheriff of an appeal under section 160 of the Act or the decision of the sheriff principal in an appeal under section 161 of the Act, the disposal of the case by the sheriff after the Court of Session or the sheriff principal has remitted the case to the sheriff under section 165(6) of the Act (appeals to sheriff principal and Court of Session: contact and permanence orders).

(3) Where a safeguarder is appointed in relation to a child by a sheriff in respect of an appeal under section 162 of the Act (appeal to sheriff against decision to implement secure accommodation authorisation) the appointment of the safeguarder ceases on the giving of the decision by the sheriff in the appeal except where paragraph (4) applies.

(4) This paragraph applies where the sheriff requires the Reporter under regulation 15, 16 or 17 of the Children’s Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2012 to arrange a children’s hearing for any purpose for which a hearing can be arranged under the Act.

(5) Where paragraph (4) applies the appointment of the safeguarder will cease on the occurrence of whichever of the events mentioned in paragraph (2) next occurs.

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