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.