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Children’s Hearings (Scotland) Act 2011

Section 28B – Children’s legal aid

281.This section defines the scope of children’s legal aid. Subsection (2) defines it as representation (and such assistance as is usually incidental to representation) by a solicitor and, where appropriate, by counsel in respect of the proceedings specified in subsection (3). The proceedings specified in subsection (3) are:


proceedings before a sheriff for variation or termination of a child protection order;


proceedings before a Children’s Hearing or Pre-Hearing Panel—


following the making of a child protection order;


where the hearing or Pre-Hearing Panel considers it might be necessary to make a compulsory supervision order including a secure accommodation authorisation;


following the arrest of a child and his or her detention in a place of safety; and


proceedings before a sheriff, the sheriff principal or the Court of Session in connection with a Children’s Hearing.

282.Subsection (4) defines, by reference to this Act, the terms “compulsory supervision order”, “Pre-Hearing Panel” and “secure accommodation authorisation” for the purposes of the 1986 Act as amended.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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