The Panels of Persons to Safeguard the Interests of Children (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the continuation in each local government area of a panel or panels or persons to safeguard the interests of children in proceedings before a children’s hearing or before the Sheriff for the purposes of the Children (Scotland) Act 1995 (“the 1995 Act”), (regulation 3).

Regulations 3 to 10 make provision for panels established. Regulation 3(2) provides that the local authority, after consultation with the chairman of the children’s panel and the Sheriff Principal may establish more than one panel in their area while regulation 4 requires that the local authority consult the chairman of the children’s panel and Sheriff Principal on the size of panels which should be appointed.

Regulation 4 empowers the local authority to consult with the chairman of the children’s panel and the Sheriff Principal as to the experience which should be possessed by persons nominated to serve on any panel for the purposes of the 1995 Act.

Regulations 5 and 6 set out the procedure to be followed by the local authority in seeking nominations and making appointments to panels to be established in their area, subject to regulation 6(2) which disqualifies certain persons from being appointed.

Regulation 7 makes provisions for the term of appointment, re-appointment, and termination of appointment, in certain circumstances, of panel members.

Regulation 8 requires the local authority in consultation with the chairman of the children’s panel and the Sheriff Principal to keep under review the membership and operation of every panel established for their area.

Regulation 9 requires the local authority to maintain records of those persons appointed to such panels and to inform the chairman of the children’s panel, the Sheriff Principal and such other persons as they consider necessary about panel membership and any changes in membership of panels.

Regulation 10 requires the local authority to defray the expenses of panel members and to pay panel members such fees and allowances as they think fit or as are determined by the Scottish Ministers.

Regulation 11 revokes the Social Work (Panels of Persons to Safeguard the Interests of Children) Regulations 1984 and makes provision to allow those Regulations to apply to any appointments made prior to the coming into force of these Regulations.