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The Children’s Hearings (Scotland) Act 2011 (Appeals against Dismissal by SCRA) Regulations 2012
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- Scottish Statutory Instruments
- 2012 No. 337
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision in connection with appeals to the Scottish Ministers against dismissal under paragraphs 8(6) and 12(1) of schedule 3 to the Children’s Hearings (Scotland) Act 2011, by the Principal Reporter or other specified employees of SCRA.
Regulation 3 specifies an Assistant Principal Reporter and Senior Operational Managers as the descriptions or classes of persons employed by SCRA who may appeal to the Scottish Ministers against dismissal by SCRA.
Regulations 4 to 7 provide for the submission to Ministers of grounds of appeal and supporting information by the Principal Reporter or specified SCRA employee, and the provision by SCRA of reasons for the dismissal, reasons for opposing the appeal (if applicable) and such other comments as SCRA and the Principal Reporter or other SCRA employee wish to submit.
Regulation 8 and the Schedule provide for Ministers to constitute a panel to conduct an inquiry for the purposes of the appeal and to make a report to Minsters of their recommendations.
Regulation 9 makes provision relating to the powers of Ministers on determination of the appeal.
Regulations 10 to 13 make provision in connection with the time limit for disposal by Ministers of the appeal, the granting of further time to the Principal Reporter or other SCRA employee or SCRA to provide information under the Regulations, withdrawal of the appeal by the Principal Reporter or other SCRA employee and the giving of notice and other information under the Regulations.
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