Explanatory Notes

Children’s Hearings (Scotland) Act 2011

2011 asp 1

6 January 2011

Commentary on Sections

Part 2 – the Principal Reporter and the Scottish Children’s Reporter Administration (Scra)

The Principal Reporter

Section 18 – Power to change Principal Reporter’s functions

20.This section gives the Scottish Ministers power to vary the functions of the Principal Reporter. Ministers may specify further functions for the Principal Reporter, either by creating entirely new functions or through transferring functions from existing bodies or persons. Functions may also be removed from the Principal Reporter and transferred to another body or person should Ministers consider this to be appropriate. Any such change to the functions of the Principal Reporter will require to be made by an order subject to super-affirmative procedure. Subsection (1)(e) confers power on the Scottish Ministers to specify the manner in which the Principal Reporter must carry out a function or the time period in which the function must be carried out. Any such specification will require to be made by an order subject to affirmative procedure. See sections 197 and 198 for definitions of “affirmative procedure” and “super-affirmative procedure”.