- 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
42.—(1) Where section 126 of the Act applies, the Reporter must, as soon as practicable and no later than 3 days after the children’s hearing mentioned in section 126(1)(a) of the Act, inform those persons mentioned in paragraph (2) of the place, date and time of any children’s hearing to be held under section 126(2)(a) or (b) of the Act and the right of those mentioned in paragraph (2)(a) to (g) to attend that hearing.
(2) Those persons are—
(a)the child;
(b)each relevant person;
(c)any person other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;
(d)any person who has a contact order regulating contact between the individual and the child;
(e)any person having a right of contact with the child under a permanence order;
(f)any person who requested a children’s hearing be held under section 126(2)(b) of the Act;
(g)any appointed safeguarder;
(h)the three members of the children’s hearing;
(i)the chief social work officer of the implementation authority or relevant local authority for the child as the case may be;
(j)the National Convener.
(3) Wherever possible when informing the persons mentioned in paragraph 2(a) to (h) and in all cases no later than 3 days prior to the intended date of the children’s hearing under section 126 of the Act, the Reporter must give to those persons—
(a)a copy of the contact direction in the relevant order made by the children’s hearing mentioned in section 126(1) of the Act and the reasons for that contact direction;
(b)any document or part of any document which is relevant to the children’s hearing to be held under section 126 of the Act.
(4) In this rule “relevant order” means—
(a)a compulsory supervision order;
(b)an interim compulsory supervision order;
(c)a medical examination order.
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