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Part 20SGeneral

Formal communicationsS

193Formal communicationsS

(1)The following are formal communications—

(a)a notice,

(b)a determination,

(c)a direction,

(d)a report,

(e)a statement,

(f)a referral under section 127.

(2)A formal communication must be in writing.

(3)That requirement is satisfied by a formal communication in electronic form which is—

(a)sent by electronic means, and

(b)capable of being reproduced in legible form.

(4)A formal communication sent in accordance with subsection (3) is to be taken to be received on the day it is sent.

FormsS

194FormsS

(1)The Scottish Ministers may determine—

(a)the form of documents produced by virtue of this Act, and

(b)the manner in which those documents are to be conveyed.

(2)The Scottish Ministers may in particular determine that documents may be conveyed by electronic means.

Subordinate legislationS

195Subordinate legislationS

(1)Any power of the Scottish Ministers to make subordinate legislation under this Act is exercisable by statutory instrument.

(2)Any such power includes power to make—

(a)such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(b)different provision for different purposes.

(3)Except in any case where subordinate legislation under this Act is subject to the affirmative procedure or the super-affirmative procedure, subordinate legislation under this Act is subject to the negative procedure.

(4)Subsections (2) and (3) do not apply to an order under section 206(2).

196Negative procedureS

(1)Subsection (2) applies where subordinate legislation under this Act is subject to the negative procedure.

(2)The statutory instrument containing the subordinate legislation is subject to annulment in pursuance of a resolution of the Scottish Parliament.

197Affirmative procedureS

(1)Subsection (2) applies where subordinate legislation under this Act is subject to the affirmative procedure.

(2)The subordinate legislation must not be made unless a draft of the statutory instrument containing the subordinate legislation has been laid before, and approved by resolution of, the Scottish Parliament.

198Super-affirmative procedureS

(1)Subsections (2) to (6) apply where subordinate legislation under this Act is subject to the super-affirmative procedure.

(2)The subordinate legislation must not be made unless a draft of the statutory instrument containing the subordinate legislation has been laid before, and approved by resolution of, the Scottish Parliament.

(3)Before laying a draft instrument before the Parliament under subsection (2), the Scottish Ministers must consult—

(a)such persons who are under 21 years of age as they consider appropriate, and

(b)such other persons as they consider appropriate.

(4)For the purposes of such a consultation, the Scottish Ministers must—

(a)lay a copy of the proposed draft instrument before the Parliament,

(b)publish in such a manner as the Scottish Ministers consider appropriate a copy of the proposed draft instrument, and

(c)have regard to any representations about the proposed draft instrument that are made to them within 60 days of the date on which the copy of the proposed draft instrument is laid before the Parliament.

(5)In calculating any period of 60 days for the purposes of subsection (4)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

(6)When laying a draft instrument before the Parliament under subsection (2), the Scottish Ministers must also lay before the Parliament an explanatory document giving details of—

(a)the consultation carried out under subsection (3),

(b)any representations received as a result of the consultation, and

(c)the changes (if any) made to the proposed draft instrument as a result of those representations.

InterpretationS

199Meaning of “child”S

(1)In this Act, “child” means a person who is under 16 years of age (but subject to subsections (2) to (9)).

(2)In paragraph (o) of section 67(2) and the other provisions of this Act in their application in relation to that paragraph, “child” means a person who is of school age.

(3)Subsection (4) applies where a person becomes 16 years of age—

(a)after section 66 applies in relation to the person, but

(b)before a relevant event.

(4)For the purposes of the application of this Act to the person, references in this Act to a child include references to the person until a relevant event occurs.

(5)A relevant event is—

(a)the making of a compulsory supervision order in relation to the person,

(b)the notification of the person under section 68(3) that the question of whether a compulsory supervision order should be made in respect of the person will not be referred to a children's hearing, or

(c)the discharge of the referral.

(6)Subsection (7) applies if—

(a)a compulsory supervision order is in force in respect of a person on the person's becoming 16 years of age, or

(b)a compulsory supervision order is made in respect of a person on or after the person becomes 16 years of age.

(7)For the purposes of the application of the provisions of this Act relating to that order, references in this Act to a child include references to the person until whichever of the following first occurs—

(a)the order is terminated, or

(b)the person becomes 18 years of age.

(8)Subsection (9) applies where a case is remitted to the Principal Reporter under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995.

(9)For the purposes of the application of this Act to the person whose case is remitted, references in this Act to a child include references to the person until whichever of the following first occurs—

(a)a children's hearing or the sheriff discharges the referral,

(b)a compulsory supervision order made in respect of the person is terminated, or

(c)the person becomes 18 years of age.

200Meaning of “relevant person”S

(1)In this Act, “relevant person”, in relation to a child, means—

(a)a parent or guardian having parental responsibilities or parental rights in relation to the child under Part 1 of the 1995 Act,

(b)a person in whom parental responsibilities or parental rights are vested by virtue of section 11(2)(b) of the 1995 Act,

(c)a person having parental responsibilities or parental rights by virtue of section 11(12) of the 1995 Act,

(d)a parent having parental responsibility for the child under Part 1 of the Children Act 1989 (c.41) (“the 1989 Act”),

(e) a person having parental responsibility for the child by virtue of—

(i)section 12(2) of the 1989 Act,

(ii)section 14C of the 1989 Act, or

(iii)section 25(3) of the Adoption and Children Act 2002 (c.38),

(f)a person in whom parental responsibilities or parental rights are vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4)),

(g)any other person specified by order made by the Scottish Ministers.

(2)For the purposes of subsection (1)(a), a parent does not have parental responsibilities or rights merely by virtue of an order under section 11(2)(d) or (e) of the 1995 Act.

(3)An order made under subsection (1)(g) is subject to the affirmative procedure.

201Meaning of “relevant local authority”S

(1)In this Act, “relevant local authority”, in relation to a child, means—

(a)the local authority in whose area the child predominantly resides, or

(b)where the child does not predominantly reside in the area of a particular local authority, the local authority with whose area the child has the closest connection.

(2)For the purposes of subsection (1)(a), no account is to be taken of—

(a)any period of residence in a residential establishment,

(b)any other period of residence, or residence in any other place, prescribed by the Scottish Ministers by regulations.

(3)For the purposes of subsection (1)(b), no account is to be taken of—

(a)any connection with an area that relates to a period of residence in a residential establishment,

(b)any other connection prescribed by the Scottish Ministers by regulations.

202InterpretationS

(1)In this Act, unless the context otherwise requires—

(2)References in this Act to a decision of a children's hearing are references to a decision of a majority of the members of a children's hearing.

[F4(2A)References in this Act to a determination of a pre-hearing panel are references to a determination of a majority of the members of a pre-hearing panel.]

(3)References in this Act to varying a compulsory supervision order, an interim compulsory supervision order or a medical examination order include varying the order by adding or removing measures.

GeneralS

203Consequential amendments and repealsS

(1)Schedule 5 contains minor amendments and amendments consequential on the provisions of this Act.

(2)The enactments specified in schedule 6, which include enactments that are spent, are repealed to the extent specified.

Commencement Information

I1S. 203(1) in force at 31.1.2012 for specified purposes by S.S.I. 2012/1, art. 2(2)

I2S. 203(1) in force at 12.6.2013 for specified purposes by S.S.I. 2013/190, art. 2

I3S. 203(1) in force at 24.6.2013 for specified purposes by S.S.I. 2013/195, arts. 2, 3

I4S. 203(2) in force at 24.6.2013 for specified purposes by S.S.I. 2013/195, arts. 2, 3

204Ancillary provisionS

(1)The Scottish Ministers may by order make such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2)An order under subsection (1) may modify any enactment (including this Act).

(3)An order under this section containing provisions which add to, replace or omit any part of the text of an Act is subject to the affirmative procedure.

205Transitional provision etc.S

(1)The Scottish Ministers may by order make such provision as they consider necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

(2)An order under subsection (1) may modify any enactment (including this Act).

206Short title and commencementS

(1)This Act may be cited as the Children's Hearings (Scotland) Act 2011.

(2)The provisions of this Act, other than sections 193 to 202, 204, 205 and this section, come into force on such day as the Scottish Ministers may by order appoint.

(3)An order under subsection (2) may contain transitional, transitory or saving provision in connection with the coming into force of this Act.