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The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013 No. 194

Record keeping by the Reporter of investigation and determination

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12.—(1) This rule applies where section 66(1) (investigation and determination by Principal Reporter) of the Act applies.

(2) The Reporter must keep a record of—

(a)the name and address (if available) of any person providing the notice, information, statement or evidence;

(b)the details of any investigation carried out by the Reporter under section 66 of the Act;

(c)the determination made by the Reporter under section 66(2) of the Act; and

(d)the details of any action taken by the Reporter under sections 68(2), 68(5) (determination under section 66: no referral to children’s hearing) or 72(2) (child in place of safety: Principal Reporter’s powers) of the Act.

(3) Where the Reporter is required to arrange a children’s hearing under section 69(2) (determination under section 66: referral to children’s hearing) of the Act the Reporter must notify—

(a)where the information was provided under section 60 (local authority’s duty to provide information to Principal Reporter) of the Act, the local authority which provided the information;

(b)where the information was provided under section 61 (constable’s duty to provide information to Principal Reporter) of the Act or section 43(5) (arrangements where children arrested) of the Criminal Procedure (Scotland) Act 1995(1), the chief constable of the Police Service of Scotland.

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