Antisocial Behaviour etc. (Scotland) Act 2004

MiscellaneousS

111Restriction on reporting proceedings relating to parenting ordersS

(1)Subject to subsection (2), a person shall be guilty of an offence if the person publishes, anywhere in the world, any matter in respect of relevant proceedings which is intended, or likely to, identify—

(a)the parent concerned in the proceedings (the “person concerned”);

(b)any address as being that of the person concerned;

(c)the child concerned in the proceedings;

(d)any other child—

(i)who is a member of the same household as the person concerned; or

(ii)of whom the person concerned is a parent; or

(e)any—

(i)address; or

(ii)school,

as being that of a child mentioned in paragraph (c) or (d).

(2)In relevant proceedings, the court may, in the interests of justice, order that subsection (1) shall not apply to the proceedings to such extent as the court considers appropriate.

(3)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)It shall be a defence for a person charged with an offence under subsection (1) to show that the person—

(a)did not know; and

(b)had no reason to suspect,

that the published matter was intended, or was likely, to identify the person concerned, child, address or school (as the case may be).

(5)Section 46 of the Children and Young Persons (Scotland) Act 1937 (c. 37) shall apply in relation to relevant proceedings only in respect of a person concerned in the proceedings as a witness.

(6)A child in whose interests a parenting order has been made shall be regarded as a person who falls within subsection (1)(a) of section 47 of the Criminal Procedure (Scotland) Act 1995 (c. 46) for the purposes of that section in its application to proceedings in respect of the commission of an offence under section 107(1) in respect of that order.

(7)In this section—

  • “programme service” has the meaning given by section 201 of the Broadcasting Act 1990 (c. 42);

  • “publishes” includes—

    (a)

    causing to be published; and

    (b)

    publishing in a programme service,

    and “published” shall be construed accordingly; and

  • “relevant proceedings” means—

    (a)

    proceedings before a sheriff for the purpose of considering whether to make a parenting order under section 13(1);

    (b)

    proceedings before a sheriff on an application for the making of a parenting order under section 102(1);

    (c)

    proceedings before a sheriff on an application for the variation, or revocation, of a parenting order under section 105(1);

    (d)

    proceedings before a sheriff for the purpose of considering whether to make an order under section 105(5);

    (e)

    an appeal arising from proceedings such as are mentioned in paragraphs (a) to (d).

112Conduct of proceedings by reportersS

(1)The Scottish Ministers may by regulations empower a reporter, whether or not the reporter is an advocate or solicitor, to conduct proceedings—

(a)before a sheriff—

(i)on an application by the Principal Reporter for the making of a parenting order;

(ii)on an application for the variation, or revocation, of a parenting order made on the application of the Principal Reporter, under section 105(1); or

(iii)for the purpose of considering whether to make an order under section 105(5) in respect of a parenting order made on the application of the Principal Reporter; or

(b)before [F1the Sheriff Appeal Court], on any appeal arising from proceedings such as are mentioned in paragraph (a).

(2)Regulations under subsection (1) may prescribe such requirements as the Scottish Ministers think fit as to—

(a)qualifications;

(b)training; or

(c)experience,

necessary for a reporter to be so empowered.

(3)In this section, “reporter” means—

(a)the Principal Reporter; and

(b)any [F2person employed by the Scottish Children’s Reporter Administration to whom there is delegated, under paragraph 10 of schedule 3 to the Children’s Hearings (Scotland) Act 2011 (asp 1), any function of the Principal Reporter.]

Textual Amendments

113Initial investigations by Principal ReporterS

(1)For the purpose of determining whether to make an application for the making of a parenting order under section 102, the Principal Reporter may make such investigations as the Principal Reporter considers appropriate.

(2)On a request made by the Principal Reporter for the purpose mentioned in subsection (1), a local authority shall supply to the Principal Reporter a report on—

(a)the child in relation to whom the Principal Reporter is determining whether to make the application;

(b)the parent in relation to whom the Principal Reporter is determining whether to make the application; and

(c)such circumstances concerning—

(i)the child; and

(ii)the parent,

as appear to the Principal Reporter to be relevant.

114Power of court to direct Principal Reporter to consider application for parenting orderS

Where, in any proceedings (other than proceedings under section 4 or 102), it appears to a court that it might be appropriate for a parenting order to be made in respect of a parent of a child, the court may require the Principal Reporter to consider whether to apply under section 102 for such an order.

115Guidance about parenting ordersS

A person (other than a court) shall, in discharging functions by virtue of section 13 or this Part, have regard to any guidance given by the Scottish Ministers about—

(a)the discharge of those functions; and

(b)matters arising in connection with the discharge of those functions.

F3116Power of hearing to direct Principal Reporter to consider application for parenting orderS

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Textual Amendments