Children's hearings

I126Appeal against relevant person decision

1

The Children's Hearings (Scotland) Act 2011 is modified by subsections (2) and (3).

2

In section 160 (appeal to sheriff against relevant person determination) in subsection (4) for paragraph (b) substitute—

b

where the determination is of one of the following kinds, make an order deeming the individual to be a relevant person in relation to the child—

i

a determination of a pre-hearing panel or children's hearing under section 81 that the individual is not to be deemed a relevant person in relation to the child,

ii

a determination of a pre-hearing panel or children's hearing under section 81A that the person is no longer to be deemed a relevant person in relation to the child.

3

In section 164 (which provides for an appeal against a sheriff's relevant person decision)—

a

in subsection (1), for the words from “a determination” to the end substitute

—

a

a decision of the sheriff in an appeal against a determination of a pre-hearing panel or children's hearing that an individual—

i

is or is not to be deemed a relevant person in relation to a child,

ii

is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,

b

a decision of the sheriff in an appeal against a determination of a review under section 142(2) that an individual is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child.

b

in subsection (3), after paragraph (d) insert—

e

the Principal Reporter.

c

after subsection (3) insert—

3A

Despite subsection (1), the Principal Reporter may not appeal against a decision by the sheriff confirming a determination of a children's hearing.

4

The Legal Aid (Scotland) Act 1986 is modified by subsection (5).

5

In section 28F (availability of children's legal aid: appeals relating to deemed relevant person)—

a

in subsection (1)(d)(i), after “not to be deemed” insert “ , or is no longer to be deemed, ”,

b

in subsection (1)(d)(ii), after “to be deemed” insert “ , or is to continue to be deemed, ”,

c

in subsection (1)(e), after “not to be deemed” insert “ , or is no longer to be deemed, ”.