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Children’s Hearings (Scotland) Act 2011

Delegation of National Convener’s functions

347.Paragraph 10 allows the National Convener to delegate certain of his or her functions to any other person except the Principal Reporter, SCRA or a local authority. Persons to whom functions might be delegated include employees of CHS, volunteers, or members of area support teams. Any of the National Convener’s functions (other than preparing and submitting an annual report, and appointing panel members) may be delegated.

348.Paragraph 10(4) prevents the National Convener from delegating any function of providing legal and other advice to a Children’s Hearing to any person employed by SCRA or a local authority. Paragraph 10(5) provides that where the National Convener delegates the function of providing legal or other advice to a Children’s Hearing, that person may not also perform other functions on behalf of the National Convener. For example, a person authorised by the National Convener to provide legal advice to Children’s Hearings on behalf of the National Convener, may not also be involved in the recruitment of panel members. Paragraph 10(6) provides that even where the National Convener has delegated a function under paragraph 10(1), the National Convener may still carry out that function personally. This is similar to current arrangements for the Principal Reporter and the performance of the Principal Reporter’s functions.

349.Paragraph 10(7) enables the Scottish Ministers to make regulations relating to the qualifications to be held by persons carrying out functions or classes of functions delegated by the National Convener.

350.Paragraph 10(8) relates to accountability and makes clear that persons authorised to perform delegated functions must comply with any direction given by the National Convener as to the carrying out of that function. Paragraph 10(9) allows CHS to pay persons, to whom a function is delegated, such expenses and allowances determined by the Scottish Ministers.

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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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