The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013

PART 1Introductory and General

1Citation, commencement and application

2Interpretation

2AIndividuals to be afforded opportunity to participate

PART 2Selection of children's hearings and pre-hearing panel members and duties of members

3Selection of members of children's hearing and pre-hearing panel - supplementary

4Selection of chairing member for pre-hearing panels and children's hearings

5Duties of members of the pre-hearing panel or children's hearing relating to documents and information

6Duties of chairing member of a pre-hearing panel or children's hearing

7Procedure at children's hearings and pre-hearing panels where not otherwise specified

PART 3Duties and roles of persons attending or preparing documents for children's hearings and pre-hearing panels

8Requirement to include child's views in documents

9Duties of safeguarder in respect of information and documents

10Attendance at children's hearings by member of the Administrative Justice and Tribunals Council or the Scottish Committee of that Council or a member of an Area Support Team

11Role of representatives

PART 4General Duties of the Reporter

12Record keeping by the Reporter of investigation and determination

13Record keeping duties of the Reporter in relation to children's hearings

14The statement of grounds

15Duties of Reporters where information to be withheld from a person

16Withholding of specified documents and information by the Reporter

17Duties of the Reporter where a child is detained under a warrant to secure the attendance of the child

18Notification and provision of information to a young child

Part 5Attendance

Authorisation to attend

19Attendance by individual afforded opportunity to participate at children’s hearing

20Attendance by representative of individual afforded opportunity to participate at children’s hearing

20AAttendance by custody officer, etc. at pre-hearing panel or children’s hearing

Attendance by electronic means

20BRequest to attend pre-hearing panel or hearing by electronic means

20CRequirement that person attend children’s hearing only by electronic means

20DExclusion from children’s hearing or pre-hearing panel

PART 6Arranging children's hearings – general

21Application of Part

22Notification of children's hearings - general

23Other information to be given with notification of a children's hearing to the child and each relevant person

23AOther information to be given with notification of a children’s hearing to individuals with an opportunity to participate

24Other information to be given with notification of a children's hearing to certain other persons

25Information to be sent to the members of the children's hearing

26Provision of information prior to children's hearing

PART 7Specific provision for arranging grounds hearings

27Additional information to be given to the child and each relevant person in relation to a grounds hearing

28Information to be given to the members of the grounds hearing

29Provision of information for a grounds hearing where section 69(3) (determination under section 66: referral to children's hearing) of the Act applies or following the making of a child protection order under section 38 (consideration by sheriff: application by local authority only) or 39 (consideration by sheriff: application by local authority or other person) of the Act

30Arranging a grounds hearing where a compulsory supervision order is already in force in relation to the child

PART 8Specific provision for arranging a children's hearing to be held under section 119 (children's hearing following deferral or proceedings under Part 10) of the Act

31Provision of information to the child, relevant persons and any appointed safeguarder for a children's hearing to which section 119 (children's hearing following deferral or proceedings under Part 10) of the Act applies

32Information to be given to the members of the children's hearing to which section 119 (children's hearing following deferral or proceedings under Part 10) of the Act applies

33Provision of information for children's hearing to which section 119 (children's hearing following deferral or proceedings under Part 10) of the Act applies where section 109(7) (determination: power to make interim compulsory supervision order etc.), 115(5) (recall: power to refer other grounds) or 117(5) (new section 67 ground established: sheriff to refer to children's hearing) of the Act also applies.

PART 9Specific provision for arranging a children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies

34Provision of information to the child and relevant persons for a children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies

35Information to be given to the members of the children's hearing to which section 137 (duty to arrange children's hearing) of the Act applies

36Provision of information for a review hearing where section 136 (duty to initiate review where child transferred) of the Act applies

PART 10Arranging a grounds hearing where grounds hearing or review hearing has deferred or application made to the sheriff

37Papers to be sent when new grounds presented after grounds hearing deferred or application made to the sheriff

38Papers to be sent when new grounds presented after review hearing deferred

PART 11Arranging other children's hearings

39Arranging a children's hearing under section 45 (review by children's hearing where child in place of safety) or 46 (review by children's hearing where order prevents removal of child) of the Act – 2nd working day hearing

40Arranging a children's hearing under section 50 (children's hearing to provide advice to sheriff in relation to application) of the Act

41Provision of information for a children's hearing under section 96(2) (children's hearing to consider need for further interim compulsory supervision order)

42Arranging a children's hearing under section 126 (review of contact direction) of the Act

43Arranging a children's hearing under section 142 (review of determination that person be deemed a relevant person)

44Arranging a children's hearing for the purposes of section 49 (reference or remit to children's hearing) of the Criminal Procedure (Scotland) Act 1995

PART 12Pre-hearing panels and determination of matters which may be referred to pre-hearing panels

44ASpecification of matters that may be determined by pre-hearing panel

45Arranging pre-hearing panel - determination of relevant person status

45AArranging pre-hearing panels to determinate opportunity to participate - notice to persons other than person seeking opportunity

45BArranging pre-hearing panels to determine opportunity to participate - notice to person seeking opportunity

46Arranging pre-hearing panels to determine matter in section 79(3) (referral of certain matters for pre-hearing determination) of the Act

46AArranging pre-hearing panels to determine whether deeming of relevant person to end

47Provision of information to pre-hearing panel

47AProcedure at pre-hearing panel - general

48Procedure at pre-hearing panel determination of whether to deem an individual to be a relevant person

48AProcedure at pre-hearing panel - determination of whether individual to be afforded opportunity to participate

49Procedure at pre-hearing panel determination of matters not relating to relevant person status

49AProcedure at pre-hearing panel determination of whether to end deemed relevant person status

50Notice of pre-hearing panel determination

51Provision of information to persons deemed to be relevant persons

52Notification of matter to be determined under section 79 (referral of certain matters for pre-hearing determination) where not practicable to arrange a pre-hearing panel before the date fixed for the children's hearing

52ANotification of matter to be determined under section 79 person seeking opportunity to participate

53Provision of information relating to matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act to the children's hearing

54Children's hearing determining a matter referred under section 79 (referral of certain matters for pre-hearing determination) of the Act

55Children's hearings' power to determine whether a person should be deemed to be a relevant person where no referral made under section 79 (referral of certain matters for pre-hearing determination) of the Act

55AChildren’s hearings’ power to determine whether person to be afforded opportunity to participate where no referral made under section 79 of the Act

PART 13Appointment of safeguarder and safeguarders' reports

56Appointment of safeguarder by pre-hearing panel or children's hearing

57Duty of Reporter on receipt of report from safeguarder

PART 14Procedure at children's hearings – general

58Children's hearings procedure - general

PART 15Procedure at grounds hearing and children's hearings to which section 119 (children's hearing following deferral or proceedings under Part 10) or 137 (duty to arrange children's hearing) of the Act applies

59Procedure at a grounds hearing - grounds put to the child and relevant person

60Procedure where section 91(1) (grounds accepted: powers of grounds hearing), 119(1) (children's hearing following deferral or proceedings under Part 10), or 138(1) (powers of children's hearing on review) of the Act applies

61Procedure when proceedings under section 91(2) (grounds accepted: powers of grounds hearing), 119(2) (children's hearing following deferral or proceedings under Part 10) or 138(2) (powers of children's hearing on review) of the Act

62Procedure where section 91(3) (grounds accepted: powers of grounds hearing), 119(3) (children's hearing following deferral or proceedings under Part 10) or 138(3) (powers of children's hearing on review) of the Act applies

63Grounds hearing procedures where section 93 (grounds not accepted: application to sheriff or discharge) or 94 (child or relevant person unable to understand grounds) of the Act applies

64Procedure where section 95 (child fails to attend grounds hearing) of the Act applies

65Procedure where report required under section 141 (preparation of report in circumstances relating to permanence order or adoption) of the Act

66Procedure where there is a review of determination that person be deemed a relevant person

67Breach of duties imposed by sections 144 (implementation of compulsory supervision order: general duties of implementation authority) or 145 (duty where order requires child to reside in certain place) of the Act

PART 16Procedure where Part 10 of these Rules applies

68Procedure where rule 37 applies

69Procedure where rule 38 applies

PART 17Procedure at other children's hearings

70Procedure at a children's hearing held under section 45 (review by children's hearing where child in place of safety) or 46 (review by children's hearing where order prevents removal of child) of the Act

71Procedure where Reporter receives notice under section 49 (notice of application for variation or termination) of the Act after arranging hearing under section 45 or 46 (review by children's hearing where child in place of safety or order prevents removal of child) of the Act

72Procedure where hearing held by virtue of section 50 (children's hearing to provide advice to sheriff in relation to application) of the Act

73Procedure at a children's hearing arranged under section 96(2) (children's hearing to consider need for further interim compulsory supervision order) of the Act

74Procedure at a children's hearing held under section 126 (review of contact direction) of the Act

75Procedure where advice required under section 49 (reference or remit to children's hearing) of the Criminal Procedure (Scotland) Act 1995

76Procedure where application to suspend the decision of the children's hearing made under section 158 (compulsory supervision order: suspension pending appeal) of the Act

77Procedure at a children's hearing where a report is required under section 95(2) of the Adoption and Children (Scotland) Act 2007 (duty of children's hearing to prepare report for court)

PART 18General issues for children's hearings

78Procedure where a warrant to secure attendance may be granted under section 123 (general power to grant warrant to secure attendance) of the Act

79Procedure where advice sought by children's hearing from National Convener under section 8 (provision of advice to children's hearing) of the Act

80Requirements where compulsory supervision order to be made

81Requirements where section 126 (review of contact direction) of the Act applies

82Requirements where section 127 (referral where failure to provide education for excluded pupil) of the Act applies

83Requirements where section 128 (duty to consider applying for parenting order) of the Act applies

PART 19Procedure at a pre-hearing panel or a children's hearing where a non-disclosure request is made

84Non-disclosure requests

85Determination of a non-disclosure request

86Procedure following receipt of a non-disclosure request made prior to a children's hearing

87Procedure following receipt of a non-disclosure request made during a children's hearing

PART 20Notifying decisions

88Notifying decision of a children's hearing to the child, relevant person and appointed safeguarder

88ANotifying decision of a children’s hearing to an individual afforded an opportunity to participate

89Information to be given to the implementation authority and others

90Information to be given to the chief constable and use of that information

91Notifying decision of section 45 or 46 (review of children's hearing where child in place of safety or order prevents removal of child) hearing

92Notifying decision of section 126 (review of contact direction) hearing

93Notifying decision of section 158 (compulsory supervision order: suspension pending appeal) hearing

PART 21Specific provision for children's hearings arranged under the Children's Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013

94Provision of information for review of secure accommodation authorisation

95Procedure where children's hearing to review secure accommodation authorisation

96Notifying decision of review of secure accommodation authorisation

PART 22Miscellaneous

97Travelling and subsistence expenses

98Authentication of documents

99Written communications

100Service of notification and documents

2013 No. 194

Children And Young Persons

The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013

Made30th May 2013

Coming into force in accordance with rule 1

The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 177 and 195 of the Children's Hearings (Scotland) Act 2011 M1 and all other powers enabling them to do so M2.

In accordance with section 177(4) and 197 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with paragraph 24(1) and (3) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 M3 the Scottish Ministers have consulted the Administrative Justice and Tribunals Council and it has consulted its Scottish Committee.

Annotations:

Marginal Citations

M1

M2

The powers to make these Rules are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10.)

M3

2007 c.15. Children's hearings under the Children's Hearings (Scotland) Act 2011 (“the Act”) were added to the list of listed tribunals for the purpose of Schedule 7 to the 2007 Act by virtue of S.S.I. 2011/405.