- Draft legislation
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
32. Where rule 31 applies, wherever practicable 7 days before, and no later than 3 days before, the intended date of the children’s hearing the Reporter must give to the three members of the children’s hearing—
(a)a copy of the statement of grounds;
(b)any available report or interim report prepared by the appointed safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act or these Rules;
(c)any report prepared by the local authority;
(d)a copy of any relevant direction by a sheriff under section 108 (determination: ground established), 115 (recall: power to refer other grounds) or 117 (new section 67 ground established: sheriff to refer to children’s hearing) of the Act;
(e)a copy of any relevant remit by a court under section 49 (reference or remit to children’s hearing) of the Criminal Procedure (Scotland) Act 1995;
(f)a copy of any relevant statement by a sheriff under section 12(1B) (sheriff’s power to refer case to children’s hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;
(g)a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;
(h)copies of all decisions and reasons for those decisions made by all pre-hearing panels and children’s hearings arranged in relation to the child;
(i)a copy of any decision of a pre-hearing panel or children’s hearing held in relation to the child and the reasons for that decision;
(j)any other report, document or information relevant to the matter to be considered by the children’s hearing;
(k)a copy of any relevant child protection order made in relation to the child under section 38 (consideration by sheriff: application by local authority only) or 39 (consideration by sheriff: application by local authority or other person) of the Act.
(2) This rule does not apply where rule 33 applies.
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