Part 1Children’s care system

Chapter 5Children’s hearings

Relevant persons

45Powers to exclude persons from children’s hearing

(1)

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

(2)

In section 76 (power to exclude relevant person from children’s hearing)—

(a)

for subsection (1) substitute—

“(1)

This section applies where by virtue of this Act a children’s hearing is, or is to be, arranged in relation to a child.”,

(b)

in subsection (2)—

(i)

for “The” substitute “A”,

(ii)

at the end insert“ if the children’s hearing is satisfied that the presence at the hearing of a relevant person in relation to the child—

(a)

is preventing, or is likely to prevent, the hearing from obtaining the views of the child, or

(b)

is causing, or is likely to cause, significant distress to the child.”,

(c)

after subsection (3) insert—

“(4)

In this section “children’s hearing” includes a pre-hearing panel.”.

(3)

In section 77 (power to exclude relevant person’s representative from children’s hearing)—

(a)

for subsection (1), substitute—

“(1)

This section applies where by virtue of this Act a children’s hearing is, or is to be, arranged in relation to a child.”,

(b)

in subsection (2)—

(i)

for “The” substitute “A”,

(ii)

at the end insert“ if the children’s hearing is satisfied that the presence at the hearing of a representative of a relevant person in relation to the child—

(a)

is preventing, or is likely to prevent, the hearing from obtaining the view of the child, or

(b)

is causing, or is likely to cause, significant distress to the child.”,

(c)

after subsection (3), insert—

“(4)

In this section “children’s hearing” includes a pre-hearing panel.”.

(4)

In section 79 (referral of certain matters for pre-hearing determination), in subsection (3), after paragraph (b) insert—

“(ba)

whether a person should be excluded from all or part of a children’s hearing as mentioned in section 76(2)(a) or (b) or 77(2)(a) or (b),”.