CHAPTER 3CHILDREN (SCOTLAND) ACT 1995

PART VIIIPROCEDURE IN APPEALS UNDER SECTION 51(1) OF THE ACT

Appointment and intimation of first diet3.54

1

On the lodging of the appeal, the sheriff clerk shall forthwith assign a date for the hearing and shall at the same time intimate to the appellant or his representative and, together with a copy of the appeal, to–

a

the Principal Reporter;

b

subject to the provisions of paragraph (4), the child (if not the appellant);

c

the relevant person (if not the appellant);

d

any safeguarder appointed for the purposes of the appeal by the sheriff or appointed by the chairman of the children’s hearing; and

e

any other person the sheriff thinks necessary.

2

The sheriff clerk shall endorse on the appeal a certificate of execution of intimation under paragraph (1).

3

Intimation to a child in terms of paragraph (1)(b) shall be in Form 64.

4

The sheriff may dispense with intimation to a child in terms of paragraph (1)(b) where he considers that such dispensation is appropriate.

5

The date assigned for the hearing under paragraph (1) shall be no later than 28 days after the lodging of the appeal.