The Reporters (Conduct of Proceedings before the Sheriff) (Scotland) Regulations 1997

This Statutory Instrument has been corrected by S.I. 1997/1084 (S.96) which is printed herein as pages 3-4 and is being issued free of charge to all known recipients of S.I. 1997/714 (S.57)

Statutory Instruments

1997 No. 714 (S.57)

CHILDREN AND YOUNG PERSONS

The Reporters (Conduct of Proceedings before the Sheriff) (Scotland) Regulations 1997

Made

7th March 1997

Laid before Parliament

11th March 1997

Coming into force

1st April 1997

The Secretary of State and the Lord Advocate, in exercise of the powers conferred on them by section 40(4) of the Children (Scotland) Act 1995(1) and of all other powers enabling them in that behalf, hereby make the following regulations:

Citation and commencement

1.  These Regulations may be cited as the Reporters (Conduct of Proceedings before the Sheriff) (Scotland) Regulations 1997 and shall come into operation on 1st April 1997.

Interpretation

2.  In these regulations, unless the content otherwise requires—

“the Act” means the Children (Scotland) Act 1995; and

“reporter” means for any period prior to 1st April 1997 a person holding an appointment under section 36 of the Social Work (Scotland) Act 1968(2)

Power to conduct proceedings before the sheriff

3.  Any reporter having the experience prescribed in regulation 4 of these Regulations shall be entitled, whether or not he is an advocate or a solicitor, to conduct before a sheriff any proceedings which under Chapters 2 or 3 of Part II of the Act are heard by the sheriff.

Prescription of experience required

4.  For the purposes of regulation 3 of these regulations the experience prescribed shall be the experience of having been a reporter for any period or periods amounting to not less than one year.

Mackay of Drumadoon

Lord Advocate

7th March 1997

James Douglas-Hamilton

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

7th March 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations empower reporters who have a minimum of one year’s experience, to conduct before the sheriff proceedings relating to applications and appeals under Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995. Proceedings before the sheriff includes proceedings before the sheriff principal (see Interpretation Act 1978, Sch.1).

(1)

1995 c. 36.

(2)

1968 c. 49.