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The Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the establishment and maintenance of the Safeguarders Panel under section 32(2) of the Children’s Hearings (Scotland) Act 2011.

Regulation 3 places duties on the Scottish Ministers to make arrangements for the recruitment and selection of members of the Safeguarders Panel. Under regulation 4, members of the existing panels (in terms of the Panels of Persons to Safeguard the Interests of Children (Scotland) Regulations 2001) must be informed of those arrangements.

Regulation 5 sets out the criteria for appointment to membership of the Safeguarders Panel in terms of competence, experience and the completion of training requirements; it also specifies certain persons who are disqualified from membership. Regulation 6 provides that persons barred from regulated work with children cannot be members of the Safeguarders Panel. Regulation 7 makes provision concerning: the tenure of appointment to the Safeguarders Panel; reappointment; and removal from the Panel.

Under regulation 8 members and potential members of the Safeguarders Panel must be provided with training, and such training must be successfully completed. Regulation 9 specifies particular matters that training must be provided on.

Regulation 10 provides that: members of the Safeguarders Panels must be paid fees for their work as safeguarders; and members and potential members may be paid expenses and allowances.

Regulation 11 makes provision about reviewing the operation and management of the Safeguarders Panel. The Scottish Ministers must: ensure adequate membership of the Panel; try to have members from all council areas; monitor the performance of members; and establish a complaints procedure.

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