46Relevant person’s right to require review of compulsory supervision order(1)

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

(2)

In section 79 (referral of certain matters for pre-hearing determination), in subsection (2), after paragraph (ba) insert—(baa)

must refer for determination by a pre-hearing panel the matter of whether a request made by a relevant person in relation to a child for the Principal Reporter to initiate a review of a compulsory supervision order under section 132(3ZA) is frivolous or vexatious,

(3)

After section 81A, insert—

81AADetermination that review request by relevant person is frivolous or vexatious(1)

Subsection (2) applies where the Principal Reporter has referred to a meeting of a pre-hearing panel the matter of whether a request made by a relevant person in relation to a child for the Principal Reporter to initiate a review of a compulsory supervision order under section 132(3ZA) is frivolous or vexatious.

(2)

The pre-hearing panel must discharge the children’s hearing that is to be arranged as a result of the request if—

(a)

there is no reason for the children’s hearing to be arranged besides the request from the relevant person, and

(b)

the pre-hearing panel determines that the request is frivolous or vexatious.

(4)

In section 132 (right to require review)—

(a)

in subsection (3), at the beginning insert “Except where subsection (3ZB) applies,”,

(b)

after subsection (3), insert—(3ZA)

Where subsection (3ZB) applies, the Principal Reporter must initiate a review of the compulsory supervision order if requested to do so by the relevant person mentioned in paragraph (a) of that subsection.

(3ZB)

This subsection applies where—

(a)

a children’s hearing has previously taken place by virtue of a relevant person in relation to the child requiring a review of the order under subsection (3),

(b)

the chairing member of the children’s hearing made a determination at the conclusion of the hearing that the requiring of the review was frivolous or vexatious, and

(c)

that determination has not been revoked.

(3ZC)

A determination mentioned in subsection (3ZB)(b) may be revoked by any subsequent children’s hearing (including a pre-hearing panel) which takes place in relation to the child.

(c)

in subsection (4), in the opening words, after “reviewed” insert “by virtue of subsection (2), (3), (3ZA) or (3A)”.