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Children's Hearings (Scotland) Act 2011, Cross Heading: Proceedings before sheriff under Act is up to date with all changes known to be in force on or before 07 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Section 32 of the Sheriff Courts (Scotland) Act 1971 (c.58) (power of Court of Session to regulate civil procedure in sheriff court) is amended as follows.
(2)In subsection (1)—
(a)after paragraph (eb) insert—
“(ec)enabling a witness (including a witness who is outwith Scotland) in proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 to give evidence by a means specified in the act of sederunt that does not require the witness to be physically present in court in such circumstances, and subject to such conditions, as may be specified in the act of sederunt,
(ed)prescribing circumstances in which a party to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 may be prohibited from personally conducting the examination of witnesses,”,
(b)after paragraph (i) insert—
“(ia)permitting a party to proceedings under the Children's Hearings (Scotland) Act 2011 to be represented (including through the making of oral submissions to the sheriff on the party's behalf), in such circumstances as may be specified in the act of sederunt, by a person who is neither an advocate nor a solicitor,”, and
(c)after paragraph (k) insert—
“(ka)prescribing functions of safeguarders appointed by the sheriff in relation to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011,
(kb)prescribing rights of safeguarders appointed by the sheriff in relation to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 to information relating to the proceedings,”.
(3)After subsection (4) add—
“(5)In subsection (1), “civil proceedings” includes proceedings under the Children's Hearings (Scotland) Act 2011.”.
Commencement Information
I1S. 185 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
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