PART 12

Pre-hearing panels and determination of matters which may be referred to pre-hearing panels

Procedure at pre-hearing panel - determination of whether individual to be afforded opportunity to participate
48A
1
This rule applies only in relation to a pre-hearing panel that is arranged in connection with a children’s hearing that is to be held by virtue of an enactment mentioned in rule 2A(1).
2
The pre-hearing panel, despite a referral not having been made under section 79(2) of the Act (referral of certain matters for pre-hearing determination), must determine whether an individual, who is present at the pre-hearing panel, meets the criteria in rule 2A(3) to be afforded an opportunity to participate in relation to the children’s hearing on the request of—
a
the child,
b
any relevant person,
c
the individual in question.
3
Where the pre-hearing panel is to make a determination by virtue of paragraph (2), the provisions of the Act (other than section 80 (determination of matter referred under section 79)) and these Rules apply as if the matter had been referred under section 79(2)(ba) of the Act.
Rule 48A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(18)