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The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

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Procedure at a children’s hearing held under section 45 (review by children’s hearing where child in place of safety) or 46 (review by children’s hearing where order prevents removal of child) of the Act

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70.—(1) This rule applies where a children’s hearing is held by virtue of section 45 or 46 of the Act.

(2) The chairing member—

(a)must inform those present at the hearing of the substance of any relevant report or other relevant document;

(b)must take all reasonable steps to obtain the views of the child, each relevant person and any appointed safeguarder in relation to—

(i)any report, document or matter being considered by the hearing; and

(ii)what, if any, measures would be in the best interests of the child;

(c)may invite any other person present at the hearing, as the children’s hearing considers appropriate, to express their views on, or provide any other information relevant to, any matter or action being considered by the hearing.

(3) Each member of the children’s hearing must—

(a)state their decision on whether the conditions for making the child protection order are met and the reasons for that decision; and

(b)where the decision is that the conditions are met state the member’s decision in relation to whether the order should be varied and if so the authorisation or requirement to be included in the varied order and the reasons for the inclusion of the proposed authorisation or requirement.

(4) The chairing member must—

(a)confirm and explain the decision of the children’s hearing;

(b)state the reasons for that decision; and

(c)where the children’s hearing decide to continue the child protection order, subject to sections 73 (child’s duty to attend children’s hearing), 74 (relevant person’s duty to attend children’s hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, inform the child, each relevant person and the other persons in section 48(1) (application for variation or termination) of the Act of the right to make an application to the sheriff under section 48(1) to vary the order or under section 48(2) of the Act to terminate the order, as the case may be.

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