Children (Care, Care Experience and Services Planning) (Scotland) Act 2026

Prospective

44 Role of Principal Reporter and grounds hearing S

(1) The Children’s Hearings (Scotland) Act 2011 is amended as follows.

(2) Immediately before section 68 insert the italic heading “Action following determination under section 66”.

(3) In section 69 (determination under section 66: referral to children’s hearing)—

(a) in subsection (1)—

(i) the words from “having made” to the end become paragraph (a),

(ii) after that paragraph insert “ , and

(b) section 69F does not apply.”,

(b) after subsection (1) insert—

“(1A) The Principal Reporter must prepare the statement of grounds.”,

(c) subsection (2) is repealed (but see sections 69A to 69E of the 2011 Act, as inserted by subsection (5)),

(d) subsection (3) is repealed (but see section 69F of the 2011 Act, as inserted by subsection (5)),

(e) after subsection (5) insert—

“(6) In this Act—

(a) “statement of grounds”, in relation to a child, means a statement setting out—

(i) which of the section 67 grounds the Principal Reporter believes applies in relation to the child, and

(ii) the facts on which that belief is based,

(b) “supporting facts”, in relation to a section 67 ground, means facts set out in relation to the ground by virtue of paragraph (a)(ii).”.

(4) The section title of section 69 becomes “Determination under section 66: statement of grounds”.

(5) After section 69, insert—

“69A Referral to children’s hearing or application to sheriff

(1) This section applies where the Principal Reporter prepares a statement of grounds in relation to a child under section 69(1A).

(2) The Principal Reporter must—

(a) arrange a children’s hearing under section 69B or 69C, or

(b) make an application to the sheriff under section 69D or 69E.

(3) Before doing so, the Principal Reporter must—

(a) offer the child and each relevant person in relation to the child an opportunity to discuss with the Principal Reporter—

(i) the statement of grounds,

(ii) the child’s participation in the children’s hearing arranged under section 69B or 69C or, as the case may be, the hearing of the application under section 69D or 69E before the sheriff (including the matters mentioned in subsection (6)), and

(iii) such other matters in relation to the children’s hearing or, as the case may be, the hearing before the sheriff as the Principal Reporter considers appropriate, and

(b) endeavour to ensure that the discussions mentioned in paragraph (a) take place.

(4) Discussion of the statement of grounds, as mentioned in subsection (3)(a)(i), is (if such a discussion takes place) to include—

(a) the Principal Reporter explaining—

(i) each section 67 ground specified in the statement of grounds, and

(ii) the supporting facts in relation to the ground, and

(b) the Principal Reporter asking whether each person with whom the Principal Reporter is having the discussion accepts—

(i) that the ground applies in relation to the child, and

(ii) in relation to each ground that the person accepts applies in relation to the child, whether the person accepts each of the supporting facts.

(5) The explanations and questions mentioned in subsection (4) may be put to the child and each relevant person in relation to the child in such terms as the Principal Reporter considers appropriate.

(6) The matters mentioned in subsection (3)(a)(ii) are—

(a) whether the child will attend the children’s hearing or, as the case may be, the hearing of the application,

(b) the most appropriate means for the child’s views to be communicated to the children’s hearing or sheriff,

(c) whether the child intends to use children’s advocacy services.

(7) The Principal Reporter need not comply with subsections (3) and (4) to the extent that the Principal Reporter considers that—

(a) it would be inappropriate or ineffectual to do so (taking account, for example, of the child’s age and maturity or, in the case of subsection (3)(b), any response received in relation to the offer made under subsection (3)(a)), or

(b) the Principal Reporter already has sufficient information, based on previous engagement (or attempts to engage) with the child and relevant persons in relation to the child, to—

(i) decide which of sections 69B to 69E applies, and

(ii) prepare a report under section 69G.

69B Arrangement of children’s hearing: all grounds likely to be accepted

(1) This section applies where the Principal Reporter—

(a) has prepared a statement of grounds in relation to a child under section 69(1A), and

(b) considers that—

(i) each relevant person in relation to the child would be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in compliance with section 90(5), and

(ii) it is likely that, at a children’s hearing arranged under this section, the persons mentioned in subsection (3) would accept the matters mentioned in subsection (4).

(2) The Principal Reporter must arrange a children’s hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child.

(3) The persons are—

(a) where the Principal Reporter considers that the child would not be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in compliance with section 90(4), each relevant person in relation to the child,

(b) otherwise—

(i) the child, and

(ii) each relevant person in relation to the child.

(4) The matters are—

(a) each section 67 ground specified in the statement of grounds, and

(b) the supporting facts in relation to each ground.

69C Arrangement of children’s hearing: possibility of some or all grounds being accepted

(1) This section applies where—

(a) the Principal Reporter has prepared a statement of grounds in relation to a child under section 69(1A), and

(b) either subsection (2) or (3) applies.

(2) This subsection applies where the Principal Reporter—

(a) considers that each relevant person in relation to the child would be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in compliance with section 90(5), and

(b) either—

(i) considers that it is possible that, at a children’s hearing arranged under this section, the persons mentioned in subsection (5) would accept the matters mentioned in subsection (6), or

(ii) is unable to form a view as to the likelihood of the persons mentioned in subsection (5) accepting, at a children’s hearing arranged under this section, the matters mentioned in subsection (6).

(3) This subsection applies where the Principal Reporter is unable to form a view as to whether a relevant person in relation to the child would or would not be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in compliance with section 90(5).

(4) The Principal Reporter must arrange a children’s hearing for one of the following purposes—

(a) deciding whether a compulsory supervision order should be made in respect of the child,

(b) considering the statement of grounds.

(5) The persons are—

(a) where the Principal Reporter considers that the child would not be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in compliance with section 90(4), each relevant person in relation to the child,

(b) otherwise—

(i) the child, and

(ii) each relevant person in relation to the child.

(6) The matters are—

(a) one or more of the section 67 grounds specified in the statement of grounds, and

(b) one or more of the supporting facts in relation to each ground which may be accepted.

69D Application to sheriff: grounds unlikely to be accepted

(1) This section applies where the Principal Reporter—

(a) has prepared a statement of grounds in relation to a child under section 69(1A), and

(b) considers that—

(i) each relevant person in relation to the child would be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in compliance with section 90(5), and

(ii) it is unlikely that, at a children’s hearing arranged under section 69B or 69C, the persons mentioned in subsection (3) would accept one or more of the section 67 grounds specified in the statement of grounds.

(2) The Principal Reporter must make an application to the sheriff for a determination as to whether any of the section 67 grounds specified in the statement of grounds are established.

(3) The persons are—

(a) where the Principal Reporter considers that the child would not be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in compliance with section 90(4), each relevant person in relation to the child,

(b) otherwise—

(i) the child, and

(ii) each relevant person in relation to the child.

69E Application to sheriff: relevant person unable to understand grounds

(1) This section applies where the Principal Reporter—

(a) has prepared a statement of grounds in relation to a child under section 69(1A), and

(b) considers that a relevant person in relation to the child would not be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in compliance with section 90(5).

(2) The Principal Reporter must make an application to the sheriff for a determination as to whether any of the section 67 grounds specified in the statement of grounds are established.

69F Determination under section 66: referral to children’s hearing where child in place of safety

(1) This section applies where—

(a) having made a determination under section 66(2) in relation to a child, the Principal Reporter considers that it is necessary for a compulsory supervision order to be made in respect of the child,

(b) the determination is made following the Principal Reporter receiving information under section 53 of the Criminal Justice (Scotland) Act 2016, and

(c) at the time the determination is made, the child is being kept in a place of safety under section 65(2)(b).

(2) The Principal Reporter must—

(a) prepare the statement of grounds, and

(b) arrange a children’s hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child.

(3) A children’s hearing arranged under subsection (2) must be arranged to take place no later than the third day after the Principal Reporter receives the information mentioned in subsection (1)(b).

(4) The Principal Reporter may direct—

(a) that the child be released from the place of safety, or

(b) that the child continue to be kept in a place of safety until the children’s hearing.

(5) Subsections (4) and (5) of section 69 apply for the purposes of this section as they apply for the purposes of that section.”

“Report by Principal Reporter S

69G Report by Principal Reporter

(1) This section applies where the Principal Reporter is required—

(a) under section 69B, 69C or 69F to arrange a children’s hearing in relation to a child, or

(b) under section 69D or 69E to make an application to the sheriff in relation to a child.

(2) The Principal Reporter must prepare a report setting out—

(a) except where a children’s hearing is arranged under section 69F—

(i) any discussions that the Principal Reporter has had with the child or relevant persons in relation to the child before or in the course of deciding which of sections 69B to 69E applies, and

(ii) the Principal Reporter’s reasons for considering that the section under which the Principal Reporter is proceeding applies,

(b) whether, so far as the Principal Reporter is aware, the child intends to attend the children’s hearing or, as the case may be, the hearing before the sheriff,

(c) whether—

(i) the Principal Reporter has explained each section 67 ground specified in the statement of grounds and the supporting facts in relation to each ground to the child,

(ii) in the Principal Reporter’s opinion, the child understood any such explanations, and

(iii) in the Principal Reporter’s opinion, the child accepts each ground and the supporting facts in relation to the ground,

(d) any views or preferences of the child of which the Principal Reporter is aware in relation to—

(i) the child’s participation in the children’s hearing or, as the case may be, the hearing before the sheriff,

(ii) any other matter relating to the children’s hearing or, as the case may be, the hearing before the sheriff, and

(e) such other information as the Principal Reporter considers appropriate.”.

(6) Immediately before section 70 insert the italic heading “Referral to children’s hearing other than following determination under section 66”.

(7) After section 71, insert—

“Application to sheriff: referral to children’s hearing for making of interim order S

71A Application to sheriff: referral to children’s hearing for making of interim compulsory supervision order

(1) This section applies where—

(a) the Principal Reporter has made an application in relation to a child to the sheriff under section 69D(2) or 69E(2),

(b) the application has not yet been heard, and

(c) the Principal Reporter considers that the nature of the child’s circumstances is such that for the protection, support, guidance, treatment or control of the child it may be necessary as a matter of urgency that an interim compulsory supervision order be made in relation to the child.

(2) The Principal Reporter must arrange a children’s hearing for the purpose of deciding whether to make an interim compulsory supervision order in relation to the child.

Application of Part where compulsory supervision order in force S

71B Application of Part where compulsory supervision order in force

(1) This Part has effect in relation to a child mentioned in subsection (2) with the modifications set out in subsections (3) and (4).

(2) The child is a child in relation to whom a compulsory supervision order is in force.

(3) References (however expressed) to a compulsory supervision order being made (or not made) are to be read as references to the compulsory supervision order which is in force being reviewed (or not reviewed).

(4) References to an interim compulsory supervision order are to be read as references to an interim variation of the compulsory supervision order.”.

(8) Section 72 (child in place of safety: Principal Reporter’s powers) is repealed (but see section 69F as inserted by subsection (5)).

(9) In section 79 (referral of certain matters for pre-hearing determination)—

(a) in subsection (1), for “section 69(2)” substitute “section 69B, 69C, 69F or 71A”,

(b) after subsection (1A) insert—

“(1B) Subsections (2)(a) and (b) and (5A) apply where an application to the sheriff is made by virtue of section 69D or 69E.”.

(10) In section 80 (determination of matter referred under section 79)—

(a) in subsection (2)—

(i) the words “the date fixed for the children’s hearing” become paragraph (a),

(ii) after that paragraph insert “ , or

(b) where an application to the sheriff has been made under section 69D(2) or 69E(2), the date fixed for the hearing before the sheriff.”,

(b) in subsection (3), for “subsection (2)” substitute “subsection (2)(a)”.

(11) In section 86 (meaning of “interim compulsory supervision order”), in subsection (3)(b), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

(12) Section 89 (statement of grounds) (and the italic heading immediately before it) are repealed (but see section 69 as amended by subsection (3)).

(13) For section 90 (grounds to be put to child and relevant person) substitute—

“89B Child’s understanding of grounds

(1) This section applies where a grounds hearing is held in relation to a child.

(2) The grounds hearing must consider—

(a) whether, taking account of the child’s age and maturity, the child would be capable of understanding an explanation of each section 67 ground specified in the statement of grounds given in accordance with section 90(4), and

(b) where a child who the children’s hearing is satisfied would be so capable is not in attendance at the hearing, whether the child understands each section 67 ground specified in the statement of grounds.

(3) This subsection applies where the grounds hearing is satisfied, in relation to a ground—

(a) (whether or not the child is in attendance at the hearing) that the child would not be capable of understanding an explanation of the ground given in accordance with section 90(4), or

(b) where the child is not in attendance at the hearing, that the child does not understand the ground.

(4) Where subsection (3) applies, the grounds hearing may, if it considers it appropriate, proceed on the basis that the question of whether the ground is accepted (or not accepted) is to be determined with reference only to the views of (subject to sections 74 and 75) each relevant person in relation to the child.

(5) Where subsection (3) does not apply by virtue of the grounds hearing not being satisfied as to the matter mentioned in paragraph (b) of that subsection, the grounds hearing may require the Principal Reporter to arrange another grounds hearing.

(6) Subsection (7) applies—

(a) where—

(i) subsection (3) does not apply by virtue of the grounds hearing not being satisfied as to the matter mentioned in paragraph (b) of that subsection, and

(ii) the grounds hearing does not require the Principal Reporter to arrange another grounds hearing under subsection (5),

(b) where subsection (3) does not apply for any reason other than that mentioned in paragraph (a)(i).

(7) The grounds hearing must, in relation to the ground, proceed in relation to the child in accordance with—

(a) where the child is not in attendance at the hearing, section 89C,

(b) where the child is in attendance at the hearing, section 90.

89C Child’s acceptance (or otherwise) of grounds where not in attendance

(1) The grounds hearing must, in relation to each ground in relation to which it is required by section 89B(7)(a) to proceed in accordance with this section, consider whether the ground is accepted by the child.

(2) This subsection applies where, in relation to a ground, the grounds hearing is satisfied that the child accepts that the ground applies in relation to the child.

(3) Where the child does not accept all of the supporting facts in relation to a ground, the grounds hearing is to be satisfied as mentioned in subsection (2) only if satisfied that the child accepts sufficient of the supporting facts to support the conclusion that the ground applies in relation to the child.

(4) Where subsection (2)—

(a) applies by virtue of subsection (3), the ground is to be taken for the purposes of this Act to be provisionally accepted by the child,

(b) otherwise applies, the ground is to be taken for the purposes of this Act to be accepted by the child.

(5) This subsection applies where, in relation to a ground, the grounds hearing is satisfied that the child does not accept—

(a) that the ground applies in relation to the child, or

(b) sufficient of the supporting facts to support the conclusion that the ground applies in relation to the child.

(6) Where subsection (5) applies, the ground is to be taken for the purposes of this Act to be not accepted by the child.

(7) This subsection applies where the grounds hearing is, for any reason, not satisfied as mentioned in either subsection (2) or subsection (5).

(8) Where subsection (7) applies, the grounds hearing must, unless the child is immediately available to attend the grounds hearing—

(a) require the Principal Reporter to arrange another grounds hearing, and

(b) subject to section 73(3), require the child to attend that hearing.

90 Grounds to be put to child where in attendance and relevant person

(1) This section applies—

(a) in relation to a child, in the circumstances mentioned in subsection (2),

(b) in relation to each relevant person in relation to the child, in the case of every grounds hearing.

(2) The circumstances are—

(a) where the grounds hearing is, in relation to a ground, required by section 89B(7)(b) to proceed in accordance with this section,

(b) where the grounds hearing would have required the Principal Reporter to arrange, in relation to a ground, another grounds hearing under section 89C(8)(a) but for the child being immediately available to attend the grounds hearing,

(c) where—

(i) the grounds hearing is arranged by virtue of section 89B(5) or 89C(8)(a), and

(ii) the child is in attendance at the hearing.

(3) The grounds hearing may, before complying with subsections (4) and (5), discuss with the child and each relevant person in relation to the child—

(a) the statement of grounds, and

(b) the Principal Reporter’s report under section 69G.

(4) The chairing member must, in such manner as the chairing member considers appropriate in relation to the child—

(a) explain to the child—

(i) each relevant ground, and

(ii) the supporting facts in relation to each relevant ground, and

(b) ask the child—

(i) whether the child accepts that each relevant ground applies in relation to the child, and

(ii) in relation to each relevant ground that the child accepts applies in relation to the child, whether the child accepts each of the supporting facts.

(5) The chairing member must, in such manner as the chairing member considers appropriate in relation to each relevant person in relation to the child—

(a) explain to each such person—

(i) each section 67 ground specified in the statement of grounds, and

(ii) the supporting facts in relation to each ground, and

(b) ask the person—

(i) whether the person accepts that each ground applies in relation to the child, and

(ii) in relation to each ground that the person accepts applies in relation to the child, whether the person accepts each of the supporting facts.

(6) Subsection (5) is subject to sections 74 and 75.

(7) The grounds hearing need not, in relation to a ground, comply with subsection (5) in relation to a relevant person where the grounds hearing is satisfied that the person would not be capable of understanding an explanation of the ground given in compliance with that subsection.

(8) This subsection applies where, after complying with subsection (4), the grounds hearing is satisfied that the child has not understood an explanation of a relevant ground given in compliance with that subsection.

(9) Where subsection (8) applies, the grounds hearing may, if it considers it appropriate, proceed on the basis that the question of whether the ground is accepted (or not accepted) is to be determined with reference only to the views of (subject to sections 74 and 75) each relevant person in relation to the child.

(10) In this section, “relevant ground” means a section 67 ground specified in the statement of grounds other than a ground—

(a) in relation to which the grounds hearing is satisfied as mentioned in section 89B(3), or

(b) which is to be taken for the purposes of this Act, by virtue of—

(i) section 89C(4)(a), to be provisionally accepted by the child,

(ii) section 89C(4)(b), to be accepted by the child,

(iii) section 89C(6), to be not accepted by the child.

90A Acceptance of grounds: supporting facts

(1) This subsection applies where—

(a) a ground is to be taken for the purposes of this Act to be provisionally accepted by a child under section 89C(4)(a), and

(b) following the giving of an explanation in compliance with section 90(5), each relevant person in relation to the child accepts all of the supporting facts in relation to the ground.

(2) Where subsection (1) applies, the ground is to be taken for the purposes of this Act to have been accepted only if the grounds hearing considers it appropriate to proceed in relation to the ground on the basis of only those supporting facts that are accepted by the child.

(3) This subsection applies where—

(a) a ground is to be taken to be provisionally accepted by a child under section 89C(4)(a), and

(b) following the giving of an explanation in compliance with section 90(5), a relevant person in relation to the child does not accept all of the supporting facts in relation to the ground.

(4) Where subsection (3) applies, the ground is to be taken for the purposes of this Act to have been accepted only if—

(a) the grounds hearing is satisfied that the supporting facts accepted by the relevant person are sufficient to support the conclusion that the ground applies in relation to the child, and

(b) the grounds hearing considers that it is appropriate to proceed in relation to the ground on the basis of only those supporting facts that are accepted by the child and each relevant person in relation to the child.

(5) This subsection applies where, following the giving of explanations of a ground in compliance with section 90(4) and (5)—

(a) in a case where section 90(8) does not apply, a person does not accept all of the supporting facts in relation to the ground,

(b) in a case where section 90(8) applies, a relevant person in relation to the child does not accept all of the supporting facts in relation to the ground.

(6) Where subsection (5) applies, the ground is to be taken for the purposes of this Act to have been accepted only if—

(a) in the case mentioned in subsection (5)(a), the grounds hearing—

(i) is satisfied that the supporting facts accepted by the person are sufficient to support the conclusion that the ground applies in relation to the child, and

(ii) considers that it is appropriate to proceed in relation to the ground on the basis of only those supporting facts that are accepted by the child and each relevant person in relation to the child,

(b) in the case mentioned in subsection (5)(b), the grounds hearing—

(i) is satisfied that the supporting facts accepted by the relevant person in relation to the child are sufficient to support the conclusion that the ground applies in relation to the child, and

(ii) considers that it is appropriate to proceed in relation to the ground on the basis of only those supporting facts that are accepted by each relevant person in relation to the child.

(7) The grounds hearing must amend the statement of grounds to delete any supporting facts which are not accepted, where the ground is to be taken to be accepted for the purposes of this Act by virtue of—

(a) subsection (2), by the child,

(b) subsection (4), by the child and each relevant person in relation to the child,

(c) subsection (6)—

(i) in the case mentioned in paragraph (a) of that subsection, by the child and each relevant person in relation to the child,

(ii) in the case mentioned in paragraph (b) of that subsection, by each relevant person in relation to the child.

(8) This section is subject to sections 74 and 75.”.

(14) In section 91 (grounds accepted: powers of grounds hearing), for subsection (4) substitute—

“(4) In subsection (1), “accepted” means—

(a) taken to be accepted (subject to sections 74 and 75) for the purposes of this Act by virtue of section 90A,

(b) where the grounds hearing is proceeding as permitted by section 89B(4) or 90(9), accepted (subject to sections 74 and 75) by each relevant person in relation to the child, or

(c) otherwise, accepted (or taken to be accepted for the purposes of this Act by virtue of section 89C(4)(a)) by the child and (subject to sections 74 and 75) each relevant person in relation to the child.”.

(15) In section 93 (grounds not accepted: application to sheriff or discharge)—

(a) in subsection (2), the words from “by the child” to “to the child” are repealed,

(b) for subsection (7) substitute—

“(7) In this section, “accepted” means—

(a) taken to be accepted (subject to sections 74 and 75) for the purposes of this Act by virtue of section 90A,

(b) where the grounds hearing is proceeding as permitted by section 89B(4) or 90(9), accepted (subject to sections 74 and 75) by each relevant person in relation to the child, or

(c) otherwise, accepted (or taken to be accepted for the purposes of this Act by virtue of section 89C(4)(a)) by the child and (subject to sections 74 and 75) each relevant person in relation to the child.”.

(16) In section 94 (child or relevant person unable to understand grounds)—

(a) for subsection (1) substitute—

“(1) Subsection (2) applies—

(a) where, in relation to a ground, the grounds hearing—

(i) is satisfied as mentioned in section 89B(3) or 90(8), and

(ii) has decided not to proceed as permitted by section 89B(4) or, as the case may be, 90(9),

(b) where the grounds hearing is satisfied (subject to sections 74 and 75) that a relevant person in relation to the child—

(i) would not be capable of understanding an explanation given in compliance with section 90(5) in relation to a ground, or

(ii) has not understood the explanation given in compliance with section 90(5) in relation to a ground.”,

(b) subsection (3) is repealed (but see sections 89B and 90(7) as inserted by subsection (13)).

(17) After section 94, insert—

“94A Application to sheriff following decision to proceed on basis of relevant persons’ views

(1) This section applies where the grounds hearing decides, in relation to a ground, to proceed as permitted by section 89B(4) or 90(9).

(2) On the request of a person mentioned in subsection (3), the grounds hearing must direct the Principal Reporter to make an application to the sheriff to determine whether the ground is established.

(3) The persons are—

(a) the child,

(b) a relevant person in relation to the child,

(c) if a safeguarder has been appointed, the safeguarder.

(4) A request under subsection (2) may be made only up to the point at which consideration by the grounds hearings of the acceptance (or otherwise) of the section 67 grounds specified in the statement of grounds is concluded.

(5) If the grounds hearing gives a direction under subsection (2), the chairing member must—

(a) in so far as is reasonably practicable comply with the requirement in paragraph (a) of section 93(4), and

(b) comply with the requirement in paragraph (b) of that section.

(6) If the grounds hearing gives a direction under subsection (2), section 93(5) applies.”.

(18) In section 95 (child fails to attend grounds hearing), in subsection (3), after “under” insert “section 89B(5) or 89C(8)(a) or”.

(19) After section 95, insert—

“Children’s hearing to consider need for interim order S

95A Children’s hearing to consider need for making of interim compulsory supervision order

(1) This section applies where a children’s hearing in relation to a child is arranged by virtue of section 71A.

(2) The children’s hearing may consist of—

(a) three members of the Children’s Panel, or

(b) one member of the Children’s Panel.

(3) If the children’s hearing considers that the nature of the child’s circumstances is such that for the protection, support, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the children’s hearing may make an interim compulsory supervision order in relation to the child.

(4) An interim compulsory supervision order made under subsection (3) may not include a measure of the kind mentioned in section 83(2)(f)(i).”.

(20) In section 96 (children’s hearing to consider need for further interim compulsory supervision order), in subsection (1), for “a grounds hearing” substitute “or section 95A(3) a children’s hearing”.

(21) In section 100 (sheriff’s power to make interim compulsory supervision order), in subsection (1), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

(22) In section 101 (hearing of application) for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

(23) In section 103 (child’s duty to attend hearing unless excused), in subsection (1), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

(24) In section 104 (child and relevant person: representation at hearing), in subsection (1), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

(25) In section 105 (application by virtue of section 93: ground accepted before determination)—

(a) in subsection (1)(b), for the words from “by the child” to the end substitute “ —

(i) where the grounds hearing proceeded, in relation to the ground, as permitted by section 89B(4) or 90(9), by each relevant person in relation to the child who is present at the hearing before the sheriff,

(ii) otherwise, by the child and each relevant person in relation to the child who is present at the hearing before the sheriff.”,

(b) in subsection (2), for “section 90(1B)” substitute “section 90A”.

(26) In section 106 (application by virtue of section 94: ground accepted by relevant person before determination)—

(a) in subsection (1)(a), for “section 90(1)(a)” substitute “section 90(4)”,

(b) in subsection (1A), for “section 90(1B)” substitute “section 90A”.

(27) In section 107 (withdrawal of application: termination of orders etc. by Principal Reporter), in subsection (1)(a), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

(28) In section 108 (determination: ground established)—

(a) in subsection (1), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”,

(b) for subsection (5) substitute—

“(5) In subsection (4)(b), “accepted” means—

(a) taken to be accepted for the purposes of this Act by virtue of section 90A,

(b) where the grounds hearings proceeded, in relation to a ground, as permitted by section 89B(4) or 90(9), accepted (subject to sections 74 and 75) by each relevant person in relation to the child, or

(c) otherwise, accepted (or taken to be accepted for the purposes of this Act by virtue of section 89C(4)(a)) by the child and each relevant person in relation to the child.”.

(29) In section 109 (determination: power to make interim compulsory supervision order etc.)—

(a) in subsection (2), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”,

(b) in subsection (4), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

(30) In section 140 (interim variation of compulsory supervision order), in subsection (4)(b), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

(31) In section 177 (children’s hearings: procedural rules)—

(a) in subsection (2), after paragraph (c) insert—

“(ca) specifying circumstances in which, following a statement of grounds being prepared under section 69(1A)—

(i) the Principal Reporter may arrange a children’s hearing for the purpose of deciding whether to make a compulsory supervision order in relation to a child without the procedure set out in sections 69B to 69E being followed, or

(ii) the Principal Reporter is to follow that procedure subject to modifications provided for in the rules,”,

(b) in subsection (4), after “(aa)” (as inserted by section 41(15)) insert “, (ca)”.

(32) In section 202(1) (interpretation)—

(a) in the definition of “statement of grounds” for “section 89(3)” substitute “section 69(6)(a)”,

(b) in the definition of “supporting facts” for “section 90(1D)” substitute “section 69(6)(b)”.

Commencement Information

I1 S. 44 not in force at Royal Assent, see s. 70(2)