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Children’s Hearings (Scotland) Act 2011

The National Convener

344.Paragraph 8 deals with the appointment of the National Convener. The Scottish Ministers are to appoint the first National Convener of CHS under section 1(2). Under paragraphs 8(1) and 8(2), subsequent appointments are to be made by CHS with the approval of the Scottish Ministers. Paragraph 8(3) provides for a duty on CHS to take reasonable steps to involve persons who are under 21 in the process of selection for appointment or re-appointment to the post of National Convener before making any such appointment or re-appointment. Paragraph 8(5) provides for the terms and conditions of appointment of the National Convener to be determined by CHS and approved by the Scottish Ministers. Paragraph 8(6) provides for Scottish Ministers to make regulations to prescribe qualifications which must be held by the National Convener. Paragraph 8(7) provides that members of the Scottish Parliament, the House of Commons and the European Parliament are disqualified from appointment and from holding office as National Convener.

345.Paragraphs 8(8) and 8(9) entitle the National Convener to appeal against dismissal to the Scottish Ministers should the National Convener be dismissed by CHS. Paragraph 8(10) provides the Scottish Ministers with the power to make regulations as to the procedure for the making of an appeal, the effect of making an appeal, the powers of Ministers to dispose of an appeal and the effect of exercising those powers.

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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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