Children (Scotland) Act 1995

42 Power of Secretary of State to make rules governing procedure at children’s hearing etc. S

(1) Subject to the following provisions of this Act, the Secretary of State may make rules for constituting and arranging children’s hearings and other meetings of members of the children’s panel and for regulating their procedure.

(2) Without prejudice to the generality of subsection (1) above, rules under that subsection may make provision with respect to—

(a) the conduct of, and matters which shall or may be determined by, a business meeting arranged under section 64 of this Act;

(b) notification of the time and place of a children’s hearing to the child and any relevant person in relation to the child and to such other persons as may be prescribed;

(c) how the grounds for referring the case to a children’s hearing under section 65(1) of this Act are to be stated, and the right of the child and any such relevant person to dispute those grounds;

(d) the making available by the Principal Reporter, subject to such conditions as may be specified in the rules, of reports or information received by him to—

(i) members of the children’s hearing;

(ii) the child concerned;

(iii) any relevant person; and

(iv) any other person or class of persons so specified;

(e) the procedure in relation to the disposal of matters arising under section 41(1) of this Act;

(f) the functions of any person appointed by a children’s hearing under section 41(1) of this Act and any right of that person to information relating to the proceedings in question;

(g) the recording in writing of any statement given under section 41(3) of this Act;

(h) the right to appeal to the sheriff under section 51(1)(a) of this Act against a decision of the children’s hearing and notification to such persons as may be prescribed of the proceedings before him;

(i) the right of the child and of any such relevant person to be represented at a children’s hearing;

(j) the entitlement of the child, of any such relevant person and of any person who acts as the representative of the child or of any such relevant person to the refund of such expenses, incurred by the child or as the case may be the person or representative, as may be prescribed in connection with a children’s hearing and with any proceedings arising from the hearing;

(k) persons whose presence shall be permitted at a children’s hearing.

Commencement Information

I1 S. 42 wholly in force at 1.4.1997; s. 42 not in force at Royal Assent see s. 105(10; s. 42 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 42 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)