The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2022

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 (“the 2013 Rules”) in consequence of section 42 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8). That section modifies the duty that section 6(3)(a) of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) imposes on the National Convener of Children’s Hearings Scotland to ensure that every children’s hearing includes both male and female members. It qualifies the duty to allow for it not being practicable in every case for a hearing to have both male and female members.

The rules for selection of pre-hearing panels are set out in rule 3(2) of the 2013 Rules. In light of section 6(5) of the 2011 Act, which provides that reference in section 6 to a “children’s hearing” includes a pre-hearing panel, it is considered that rule 3(2) of the 2013 Rules is otiose. Accordingly this amendment removes that duplication and ensures that the 2013 Rules are consistent with the amendment to the 2011 Act.

Impact assessments have been prepared in relation to these Rules and are published online at www.gov.scot.