The Children’s Hearings (Scotland) Act 2011 (Transitional, Savings and Supplementary Provisions) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes transitional and savings provision in connection with the coming into force of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”).

Part 1 (Preliminary) contains article 1 which makes provision for the Order to come into force on the same day as section 7 (holding of children’s hearings) of the 2011 Act, which is also the “relevant date” for the purposes of the Order. Article 1 also defines “relevant proceedings” and when those proceedings are commenced and concluded.

Part 2 contains general provisions. Article 2 makes savings provision in relation to proceedings that are in progress under the Children (Scotland) Act 1995 (“the 1995 Act”) on the relevant date. Subject to article 2(3) and (4) and the provision made later in the Order, the 1995 Act, any subordinate legislation made under the 1995 Act, section 29 of the Legal Aid (Scotland) Act 1986 and the Legal Aid (Scotland) (Children) Regulations 1997 are to apply on or after the relevant date as they would have done immediately before that date to relevant proceedings in relation to a child which have commenced but on the relevant date have not concluded, until those proceedings have concluded. Article 3 provides that, where further proceedings are brought in relation to a child who is currently subject to ongoing relevant proceedings under the 1995 Act, the 1995 Act also applies to those further proceedings until they have concluded. Article 4 provides that children’s hearings held after the relevant date are to be constituted in accordance with the 2011 Act and that they are to be treated for all purposes as if they were hearings constituted under the 1995 Act for ongoing relevant proceedings. Article 5 provides that, where a sheriff has required the Principal Reporter to refer a child’s case to a children’s hearing under section 12(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 and on the relevant date the reporter has not yet done so, relevant proceedings are deemed to have commenced when the requirement is made of the Reporter by the sheriff.

Part 3 contains particular provisions in relation to supervision requirements made under the 1995 Act and when and how those are to be treated as if they were compulsory supervision orders within the meaning of section 83 of the 2011 Act. Article 6 provides that, where on the relevant date a child is subject to a supervision requirement and all relevant proceedings have concluded in relation to it, that requirement is to be treated for all purposes as if it were a compulsory supervision order. Article 7 provides that where after the relevant date a child is subject to or, as the case may be, is made subject to a supervision requirement that requirement is to be treated for all purposes as if it were a compulsory supervision order when all relevant proceedings have concluded in relation to it. Article 8 makes provision as to when a deemed compulsory supervision order is to be treated as made for the purposes of calculating the “relevant period” for that order. Article 9 provides for which authority is to be treated as the implementation authority for deemed compulsory supervision orders. Articles 10 and 11 make specific provision relating to supervision requirements that contain a movement restriction condition or a condition that a child be placed and kept in secure accommodation.

Part 4 (articles 12 to 19) contains particular transitional and savings provisions relating to the 1995 Act.

Part 5 (articles 20 to 24) contains particular transitional and savings provisions relating to the Local Government etc. (Scotland) Act 1994.

Part 6 makes provision in relation to legal aid, safeguarders and legal representatives. Article 25 provides, in relation to ongoing relevant proceedings, that existing appointments of persons to safeguard the interests of a child or legal representatives continue after the relevant date until those proceedings have concluded and also that new appointments of these persons may be made after the relevant date in ongoing relevant proceedings. Article 26 modifies the Panel of Persons to Safeguard the Interests of Children (Scotland) Regulations 2001 so that from the relevant date all functions conferred on the chairman of the children’s panel by those Regulations are instead exercised by the National Convener. Article 27 revokes the Legal Aid (Scotland) (Children) Regulations 1997.

Part 7 (articles 28 to 30) provides that where a child is, before the relevant date, placed in secure accommodation under regulations 6(1), 7(1) and 9(1) of the Secure Accommodation (Scotland) Regulations 1996, relevant proceedings are deemed to have commenced when the child is placed in secure accommodation under those Regulations.