The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 No. 194

PART 17 Procedure at other children’s hearings

Procedure where Reporter receives notice under section 49 (notice of application for variation or termination) of the Act after arranging hearing under section 45 or 46 (review by children’s hearing where child in place of safety or order prevents removal of child) of the Act

71.—(1) Where the Reporter receives notice under section 49 of the Act of an application to vary or terminate the child protection order, after issuing the notice under rule 39 but before that hearing begins, the Reporter must, as soon as practicable before the beginning of the children’s hearing, notify the persons mentioned in paragraph (2)—

(a) that the Reporter has received notice under section 49 of the Act; and

(b) that the hearing will proceed as if it was arranged by virtue of section 50 (children’s hearing to provide advice to sheriff in relation to application) of the Act.

(2) Those persons are—

(a) the child in respect of whom the child protection order is made;

(b) each relevant person;

(c) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) the person who applied for the child protection order or child assessment order, as the case may be;

(e) the person who applied for the child protection order to be varied or terminated;

(f) the person specified in the child protection order under section 37(2)(a) (child protection orders) of the Act;

(g) any other person to whom the applicant for variation or termination of the child protection order is required to give notice of the making of the application under rules of court;

(h) the three members of the children’s hearing;

(i) any appointed safeguarder;

(j) the chief social work officer of the relevant local authority for the child;

(k) the National Convener.