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This is the original version (as it was originally made).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 8Specific provision for arranging a children’s hearing to be held under section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act

Provision of information to the child, relevant persons and any appointed safeguarder for a children’s hearing to which section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act applies

31.—(1) Where the Reporter is required to arrange a children’s hearing to which section 119 of the Act applies, as soon as practicable, and at least 3 days before the intended date of the children’s hearing, the Reporter must give to the following persons the information mentioned in paragraph (2)—

(a)the child;

(b)each relevant person;

(c)any appointed safeguarder (except the information mentioned in paragraph (2)(a)).

(2) That information is—

(a)any available report or interim report prepared by the safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act or these Rules;

(b)any report prepared by the local authority;

(c)a copy of any relevant direction by a sheriff under section 108 (determination: ground established), 115 (recall: power to refer other grounds) or 117 (new section 67 ground established: sheriff to refer to children’s hearing) of the Act;

(d)a copy of any relevant remit by a court under section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995(1);

(e)a copy of any relevant statement by a sheriff under section 12(1B) (sheriff’s power to refer case to children’s hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004(2);

(f)a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(g)copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(h)any other report, document or information relevant to the matter to be considered by the children’s hearing.

(3) This rule does not apply where rule 33 applies.

Information to be given to the members of the children’s hearing to which section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act applies

32.  Where rule 31 applies, wherever practicable 7 days before, and no later than 3 days before, the intended date of the children’s hearing the Reporter must give to the three members of the children’s hearing—

(a)a copy of the statement of grounds;

(b)any available report or interim report prepared by the appointed safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act or these Rules;

(c)any report prepared by the local authority;

(d)a copy of any relevant direction by a sheriff under section 108 (determination: ground established), 115 (recall: power to refer other grounds) or 117 (new section 67 ground established: sheriff to refer to children’s hearing) of the Act;

(e)a copy of any relevant remit by a court under section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995;

(f)a copy of any relevant statement by a sheriff under section 12(1B) (sheriff’s power to refer case to children’s hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;

(g)a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(h)copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;

(i)a copy of any decision of a pre-hearing panel or children’s hearing held in relation to the child and the reasons for that decision;

(j)any other report, document or information relevant to the matter to be considered by the children’s hearing;

(k)a copy of any relevant child protection order made in relation to the child under section 38 (consideration by sheriff: application by local authority only) or 39 (consideration by sheriff: application by local authority or other person) of the Act.

(2) This rule does not apply where rule 33 applies.

Provision of information for children’s hearing to which section 119 (children’s hearing following deferral or proceedings under Part 10) of the Act applies where section 109(7) (determination: power to make interim compulsory supervision order etc.), 115(5) (recall: power to refer other grounds) or 117(5) (new section 67 ground established: sheriff to refer to children’s hearing) of the Act also applies.

33.—(1) This rule applies where section 109(7), 115(5) or 117(5)(3) of the Act applies.

(2) As soon as practicable before the beginning of the children’s hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.

(3) Those persons are—

(a)the child;

(b)each relevant person;

(c)any appointed safeguarder;

(d)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;

(e)the three members of the children’s hearing.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in rules 23, 26 and 31 as is available.

(5) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) such of the information mentioned in rules 26 and 32 as is available.

(6) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.

(2)

2004 asp 8. Section 12(1B) was inserted by paragraph 3 of Schedule 5 to the Act.

(3)

Section 115(5) and 117(5) are inserted into the Act by the Children’s Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/    ).

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