Part 8Pre-hearing panel
I181Determination of claim that person be deemed a relevant person
1
This section applies where a matter mentioned in section 79(2)(a) (a “relevant person claim”) is referred to a meeting of a pre-hearing panel.
2
Where the relevant person claim is referred along with any other matter, the pre-hearing panel must F1, unless that other matter is a matter mentioned in section 79(5A)(a) determine the relevant person claim before determining the other matter.
3
The pre-hearing panel must deem the individual to be a relevant person if it considers that the individual has (or has recently had) a significant involvement in the upbringing of the child.
4
Where the pre-hearing panel deems the individual to be a relevant person, the individual is to be treated as a relevant person for the purposes of Parts 7 to 15, 17 and 18 in so far as they relate to—
a
the children's hearing,
b
any subsequent children's hearing under Part 11,
c
any pre-hearing panel held in connection with a children's hearing mentioned in paragraph (a), (b) or (e),
d
any compulsory supervision order, interim compulsory supervision order, medical examination order, or warrant to secure attendance made by—
i
a hearing mentioned in paragraph (a) or (b),
ii
the sheriff in any court proceedings falling within paragraph (f),
e
any children's hearing held for the purposes of reviewing a compulsory supervision order falling within paragraph (d),
f
any court proceedings held in connection with a hearing mentioned in paragraph (a), (b) or (e),
g
any court proceedings held in connection with an order or warrant falling within paragraph (d),
h
the implementation of an order or warrant falling within paragraph (d).
5
The Scottish Ministers may by order—
a
amend subsection (3),
b
in consequence of provision made under paragraph (a), make such other amendments as appear to the Scottish Ministers to be necessary or expedient to—
i
section 43,
ii
section 48,
iii
section 51,
iv
this section,
F2iva
section 81A,
v
section 142.
6
An order under subsection (5) is subject to the affirmative procedure.
7
Where, by virtue of section 80(3), the children's hearing is to determine the relevant person claim, references in subsections (2) to (4) (other than paragraph (c) of subsection (4)) to the pre-hearing panel are to be read as references to the children's hearing.