Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 16Procedure where Part 10 of these Rules applies

Procedure where rule 37 applies

68.—(1) This rule applies where rule 37 applies.

(2) In relation to the further grounds hearing referred to in rule 37, section 91 (grounds accepted: powers of grounds hearing) of the Act applies as if for subsections (2) and (3) there were substituted—

(2) The grounds hearing is to be treated as if it were a hearing to which section 119 of the Act applies..

(3) Where the further grounds hearing proceeds under section 93(2)(a) (grounds not accepted: application to sheriff or discharge) or 94(2)(a) (child or relevant person unable to understand grounds) of the Act, sections 93 (grounds not accepted: application to sheriff or discharge) and 96 (children’s hearing to consider need for further interim compulsory supervision order) of the Act apply as if they were modified as follows—

(a)in section 93 of the Act—

(i)after subsection (4) there were inserted—

(4A) Subsection (5) applies if immediately before the grounds hearing an interim compulsory supervision order was not in force in relation to the child.; and

(ii)after subsection (5) there were inserted—

(5A) Subsection (5B) applies if immediately before the grounds hearing an interim compulsory supervision order was in force in relation to the child.

(5B) If the children’s hearing is satisfied that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that a further interim compulsory supervision order be made, the children’s hearing may make a further interim compulsory supervision order in relation to the child..

(iii)in subsection (6) after “subsection (5)” there were inserted “or (5B)”;

(b)in section 96 of the Act in subsection (1)(a) for “a grounds hearing” there were substituted “or 93(5B) a grounds hearing”.

(4) Where the further grounds hearing proceeds under section 93(2)(b) or 94(2)(b) of the Act the children’s hearing may proceed, where appropriate, as if the hearing was a hearing to which section 119 (children’s hearing following deferral or proceedings under Part 10) applies in relation to any section 67 ground previously accepted or determined by the sheriff to be established under section 108 (determination: ground established) or 117 (new section 67 ground established: sheriff to refer to children’s hearing) of the Act.

(5) In paragraph (4) “accepted” has the same meaning as in section 93(7) (grounds not accepted: application to sheriff or discharge) of the Act.

Procedure where rule 38 applies

69.—(1) This rule applies where rule 38 applies.

(2) Where the further grounds hearing proceeds under section 93(2)(a) (grounds not accepted: application to sheriff or discharge) or 94(2)(a) (child or relevant person unable to understand grounds) of the Act the grounds hearing may continue the compulsory supervision order until the subsequent children’s hearing.

(3) Where the further grounds hearing proceeds under section 93(2)(b) or 94(2)(b) of the Act the children’s hearing may proceed, where appropriate, to review the compulsory supervision order under section 138 (powers of children’s hearing on review) of the Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources