Part 13Miscellaneous and general

Miscellaneous

138Privacy of certain proceedings

1

Subject to subsection (2)—

a

proceedings mentioned in subsection (4) shall be conducted and determined in private; and

b

no person other than a person whose presence is necessary for their proper consideration shall be present.

2

The court before which particular proceedings are taking place may direct that the proceedings—

a

shall take place in public; or

b

shall take place in the presence of such additional persons as the court may direct.

3

A direction under subsection (2) may be given in respect of the whole, or any part, of proceedings.

4

The proceedings referred to in subsection (1) are—

a

proceedings before a sheriff on an application for—

i

an order under section 4(1) in respect of a child;

ii

the variation, or revocation, under section 5(1) of such an order;

iii

an order under section 102(1); or

iv

the variation, or revocation, under section 105(1) of an order made under section 13(1) or 102(1);

b

proceedings before a sheriff for the purpose of considering whether—

i

to make an order under section 7(2) in respect of a child;

ii

to recall such an order;

iii

to make a requirement under section 12(1);

iv

to make an order under section 13(1); or

v

to make an order under section 105(5); and

c

an appeal arising from proceedings mentioned in paragraph (a) or (b).