The Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Amendment Regulations 2016

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Amendment Regulations 2016 and come into force on 25th April 2016.

(2) In these Regulations, “the 2012 Regulations” means the Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012(1).

Amendment of the 2012 Regulations

2.  The 2012 Regulations are amended in accordance with regulations 3 to 7.

Definition of the Practice Standards

3.  In regulation 2, after the definition of “the Act” insert—

““the Practice Standards” means the Practice Standards for Safeguarders published by the Scottish Government in July 2015(2);”.

Tenure of appointment and removal of members

4.  For paragraphs (3) to (5) of regulation 7 substitute—

“(3) A person who is appointed as a member of the Safeguarders Panel may, at the end of their period of appointment or, as the case may be, reappointment, be reappointed as a member of the Safeguarders Panel only if the Scottish Ministers are satisfied that the person is fit to be a member of the Safeguarders Panel.

(4) The Scottish Ministers may remove a member from the Safeguarders Panel if at any point they consider that that person is not fit to be a member of the Safeguarders Panel.

(5) In assessing whether a person is fit to be a member of the Safeguarders Panel for the purpose of paragraph (3) or (4), the Scottish Ministers may in particular have regard to—

(a) the person’s conduct;

(b) whether the person has failed to comply with any requirement in that person’s letter of appointment or, as the case may be, reappointment; and

(c) whether the person has been able and willing to operate in accordance with the Practice Standards.”.

Training of members and potential members of the Safeguarders Panel

5.  In paragraph (3) of regulation 8, for “requirements imposed by the Scottish Ministers”, substitute “for members of the Safeguarders Panel”.

Operation and management of the Safeguarders Panel

6.—(1) Regulation 11 is amended as follows.

(2) After paragraph (5)(d)(iii) omit “and” and after paragraph (5)(d)(iv) insert—

“(v) the relevant local authority for the child; and

(vi) a sheriff.”.

(3) In paragraph (5) after sub-paragraph (d) insert—

“; and

(e) assessing whether a safeguarder operates in accordance with the Practice Standards.”.

Sharing of Safeguarder reports

7.  After regulation 11 insert—

“Sharing of safeguarder reports

12.— (1) The Principal Reporter must provide to the Scottish Ministers any report of a type described in paragraph (2) held by the Principal Reporter which the Scottish Ministers request for the purpose of—

(a) monitoring the performance of a member of the Safeguarders Panel;

(b) investigating a complaint against a member of the Safeguarders Panel about the performance of that member’s functions; or

(c) auditing a request for payment of fees, expenses and allowances submitted by a member of the Safeguarders Panel.

(2) The reports referred to in paragraph (1) are reports prepared by a safeguarder—

(a) in accordance with the requirement in section 33(1)(a) or (c) of the Act; and

(b) such other reports as a safeguarder may provide to a children’s hearing or sheriff whether at the request of the children’s hearing or sheriff, or otherwise.”.

Savings provision

8.—(1) Where paragraph (2) applies, regulations 7 and 8 of the 2012 Regulations continue to have effect on and after 25th April 2016 as if the amendments made in regulations 4 and 5 had not been made, until—

(a) where the person described in paragraph (2) is reappointed as a member of the Safeguarders Panel on or after 25th April 2016, the date on which that person’s period of reappointment commences; or

(b) in the case of any other person described in paragraph (2), the date on which that person’s current period of appointment ends.

(2) This paragraph applies in the case of a person who held appointment as a member of the Safeguarders Panel immediately before 25th April 2016 and whose period of appointment ends on or before 31st December 2016.

(3) In this regulation, “Safeguarders Panel” means the panel of persons established and maintained under section 32(1) of the Children’s Hearings (Scotland) Act 2011.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th January 2016