The Children’s Hearings (Legal Representation) (Scotland) Amendment Rules 2009

Explanatory Note

(This note is not part of the Rules)

These Rules made under sections 42(1) and (2)(a), (b), (d) and (i) and 103(3) of the Children (Scotland) Act 1995 amend the Children’s Hearings (Legal Representation) (Scotland) Rules 2002 (“the principal Rules”) to permit legal representatives for relevant persons to be appointed by a business meeting or Children’s Hearings and for legal representatives to attend Children’s Hearings.

Rule 4 amends the principal Rules to ensure that a business meeting or children’s hearings consider the possible contribution of a representative available under rule 11 of the Children’s Hearings (Scotland) Rules 1996 to assist a child to effectively participate in the proceedings before appointing a legal representative to the child.

Rule 5 specifies when the business meeting and the Children’s Hearings may consider the appointment of a legal representative for a relevant person attending a Children’s Hearing and the circumstances in which an appointment may be made. In addition rule 5 specifies a non exhaustive list of factors which may affect a person’s ability to effectively participate in the hearing.

Rules 3, 6 and 7 make other minor consequential amendments to the principal Rules.