Children's Hearings (Scotland) Act 2011
Children's Hearings (Scotland) Act 2011 (2011 asp 1)
- Children's Hearings (Scotland) Act 2011 (2011 asp 1)
- Part 1 The National Convener and Children's Hearings Scotland
- The National Convener and CHS
- 1 The National Convener
- 2 Children's Hearings Scotland
- 3 Further provision about National Convener and CHS
- The Children's Panel
- 4 The Children's Panel
- Children's hearings
- 5 Children's hearing
- 6 Selection of members of children's hearing
- 7 Holding of children's hearing
- 8 Provision of advice to children's hearing
- 9 Independence of children's hearings
- Power to change National Convener's functions
- 10 Power to change National Convener's functions
- Functions of CHS
- 11 Provision of assistance to National Convener
- 12 Independence of National Convener
- 13 Directions
- Part 2 The Principal Reporter and the Scottish Children's Reporter Administration
- The Principal Reporter and SCRA
- 14 The Principal Reporter
- 15 The Scottish Children's Reporter Administration
- 16 Further provision about Principal Reporter and SCRA
- The Principal Reporter
- 17 Duty as respects location of children's hearing
- 18 Power to change Principal Reporter's functions
- 19 Rights of audience
- Functions of SCRA
- 20 Assisting Principal Reporter
- 21 Provision of accommodation for children's hearings
- 22 Independence of Principal Reporter
- 23 Directions
- Transfer of staff, property etc.
- 24 Transfer of staff, property etc.
- Part 3 General considerations
- 25 Welfare of the child
- 26 Decisions inconsistent with section 25
- 27 Views of the child
- 28 Children's hearing: pre-condition for making certain orders and warrants
- 29 Sheriff: pre-condition for making certain orders and warrants
- 29A Duty to consider including contact direction
- 30 Children's hearing: duty to consider appointing safeguarder
- 31 Sheriff: duty to consider appointing safeguarder
- Part 4 Safeguarders
- 32 The Safeguarders Panel
- 33 Functions of safeguarder
- 34 Safeguarders: regulations
- Part 5 Child assessment and child protection orders
- Child assessment orders
- 35 Child assessment orders
- 36 Consideration by sheriff
- Child protection orders
- 37 Child protection orders
- Consideration of application by sheriff
- 38 Consideration by sheriff: application by local authority only
- 39 Consideration by sheriff: application by local authority or other person
- Ancillary measures
- 40 Information non-disclosure directions
- 41 Contact directions
- 42 Parental responsibilities and rights directions
- Notice of order
- 43 Notice of child protection order
- Obligations of local authority
- 44 Obligations of local authority
- Review by children's hearing of certain orders
- 45 Review by children's hearing where child in place of safety
- 46 Review by children's hearing where order prevents removal of child
- Decision of children's hearing
- 47 Decision of children's hearing
- Variation or termination of order by sheriff
- 48 Application for variation or termination
- 49 Notice of application for variation or termination
- 50 Children's hearing to provide advice to sheriff in relation to application
- 51 Determination by sheriff
- Termination of order
- 52 Automatic termination of order
- 53 Power of Principal Reporter to terminate order
- 54 Termination of order after maximum of 8 working days
- Other emergency measures
- 55 Application to justice of the peace
- 56 Constable's power to remove child to place of safety
- 57 Sections 55 and 56: regulations
- Implementation of orders: welfare of child
- 58 Implementation of orders: welfare of child
- Offences
- 59 Offences
- Part 6 Investigation and referral to children's hearing
- Provision of information to Principal Reporter
- 60 Local authority's duty to provide information to Principal Reporter
- 61 Constable's duty to provide information to Principal Reporter
- 62 Provision of information by court
- 63 Provision of evidence from certain criminal cases
- 64 Provision of information by other persons
- 65 Provision of information by constable: child in place of safety
- Investigation and determination by Principal Reporter
- 66 Investigation and determination by Principal Reporter
- 67 Meaning of “section 67 ground”
- 68 Determination under section 66: no referral to children's hearing
- 69 Determination under section 66: referral to children's hearing
- 70 Requirement under Antisocial Behaviour etc. (Scotland) Act 2004
- 71 Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995
- 72 Child in place of safety: Principal Reporter's powers
- Part 7 Attendance at children's hearing
- 73 Child's duty to attend children's hearing
- 74 Relevant person's duty to attend children's hearing
- 75 Power to proceed in absence of relevant person
- 76 Power to exclude relevant person from children's hearing
- 77 Power to exclude relevant person's representative from children's hearing
- 78 Rights of certain persons to attend children's hearing
- Part 8 Pre-hearing panel
- 79 Referral of certain matters for pre-hearing determination
- 80 Determination of matter referred under section 79
- 81 Determination of claim that person be deemed a relevant person
- 81A Determination that deeming of person as relevant person to end
- 81B Determination of claim that opportunity to participate not afforded
- 82 Appointment of safeguarder
- Part 9 Children's hearing
- Key definitions
- 83 Meaning of “compulsory supervision order”
- 84 Meaning of “movement restriction condition”
- 85 Meaning of “secure accommodation authorisation”
- 86 Meaning of “interim compulsory supervision order”
- 87 Meaning of “medical examination order”
- 88 Meaning of “warrant to secure attendance”
- Statement of grounds
- 89 Principal Reporter's duty to prepare statement of grounds
- Grounds hearing
- 90 Grounds to be put to child and relevant person
- 91 Grounds accepted: powers of grounds hearing
- 92 Powers of grounds hearing on deferral
- 93 Grounds not accepted: application to sheriff or discharge
- 94 Child or relevant person unable to understand grounds
- 95 Child fails to attend grounds hearing
- Children's hearing to consider need for further interim order
- 96 Children's hearing to consider need for further interim compulsory supervision order
- Application of Part where compulsory supervision order in force
- 97 Application of Part where compulsory supervision order in force
- Part 10 Proceedings before sheriff
- Application for extension or variation of interim compulsory supervision order
- 98 Application for extension or variation of interim compulsory supervision order
- 99 Further extension or variation of interim compulsory supervision order
- Power to make interim compulsory supervision order
- 100 Sheriff's power to make interim compulsory supervision order
- Application to establish grounds
- 101 Hearing of application
- 102 Jurisdiction and standard of proof: offence ground
- 103 Child's duty to attend hearing unless excused
- 104 Child and relevant person: representation at hearing
- Ground accepted before application determined
- 105 Application by virtue of section 93: ground accepted before determination
- 106 Application by virtue of section 94: ground accepted by relevant person before determination
- Withdrawal of application: termination of orders etc.
- 107 Withdrawal of application: termination of orders etc. by Principal Reporter
- Determination of application
- 108 Determination: ground established
- 109 Determination: power to make interim compulsory supervision order etc.
- Review of sheriff's determination
- 110 Application for review of grounds determination
- 111 Sheriff: review or dismissal of application
- 112 Child's duty to attend review hearing unless excused
- 113 Child and relevant person: representation at review hearing
- 114 Sheriff's powers on review of grounds determination
- 115 Recall: power to refer other grounds
- 116 Recall: powers where no grounds accepted or established
- 117 New section 67 ground established: sheriff to refer to children's hearing
- Application of Part where compulsory supervision order in force
- 118 Application of Part where compulsory supervision order in force
- Part 11 Subsequent children's hearings
- 119 Children's hearing following deferral or proceedings under Part 10
- 120 Powers of children's hearing on deferral under section 119
- Part 12 Children's hearings: general
- Views of child
- 121 Confirmation that child given opportunity to express views before hearing
- Children's advocacy services
- 122 Children's advocacy services
- Warrants to secure attendance
- 123 General power to grant warrant to secure attendance
- Child's age
- 124 Requirement to establish child's age
- Compulsory supervision orders: review
- 125 Compulsory supervision order: requirement to review
- Contact orders and permanence orders
- 126 Review of contact direction
- Referral where failure to provide education for excluded pupil
- 127 Referral where failure to provide education for excluded pupil
- Parenting order
- 128 Duty to consider applying for parenting order
- Part 13 Review of compulsory supervision order
- Requirement for review
- 129 Requirement under Antisocial Behaviour etc. (Scotland) Act 2004
- 130 Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995
- 131 Duty of implementation authority to require review
- 132 Right to require review: child, relevant person and person afforded opportunity to participate
- 132A Right of person not afforded opportunity to participate to require review
- 133 Principal Reporter's duty to initiate review
- 134 Duty to initiate review if child to be taken out of Scotland
- 135 Duty to initiate review: secure accommodation authorisation
- 136 Duty to initiate review where child transferred
- Functions of Principal Reporter and children's hearing
- 137 Duty to arrange children's hearing
- 138 Powers of children's hearing on review
- 139 Powers of children's hearing on deferral under section 138
- 140 Interim variation of compulsory supervision order
- 141 Preparation of report in circumstances relating to permanence order or adoption
- Review of relevant person determination
- 142 Review of determination that person be deemed a relevant person
- Part 14 Implementation of orders
- Power to transfer child in cases of urgent necessity
- 143 Transfers in cases of urgent necessity
- Implementation of compulsory supervision order
- 144 Implementation of compulsory supervision order: general duties of implementation authority
- 145 Duty where order requires child to reside in certain place
- 146 Breach of duties imposed by sections 144 and 145
- 147 Application for order
- 148 Order for enforcement
- Compulsory supervision orders etc.: further provision
- 149 Compulsory supervision orders etc.: further provision
- Movement restriction conditions: regulations etc.
- 150 Movement restriction conditions: regulations etc.
- Secure accommodation
- 151 Implementation of secure accommodation authorisation
- 152 Secure accommodation: placement in other circumstances
- 153 Secure accommodation: regulations
- Part 15 Appeals
- Appeal against decision of children's hearing
- 154 Appeal to sheriff against decision of children's hearing
- 155 Procedure
- 156 Determination of appeal
- 157 Time limit for disposal of appeal against certain decisions
- Compulsory supervision order: suspension pending appeal
- 158 Compulsory supervision order: suspension pending appeal
- Frivolous and vexatious appeals
- 159 Frivolous and vexatious appeals
- Other appeals
- 160 Appeal to sheriff against relevant person determination
- 161 Appeal to sheriff against decision affecting contact or permanence order
- 162 Appeal to sheriff against decision to implement secure accommodation authorisation
- Appeals to sheriff principal and Court of Session
- 163 Appeals to sheriff principal and Court of Session: children's hearings etc.
- 164 Appeals to sheriff principal and Court of Session: relevant persons
- 165 Appeals to sheriff principal and Court of Session: contact and permanence orders
- Requirement imposed on local authority: review and appeal
- 166 Review of requirement imposed on local authority
- 167 Appeals to sheriff principal: section 166
- Part 16 Enforcement of orders
- 168 Enforcement of orders
- 169 Child absconding from place
- 170 Child absconding from person
- 171 Offences related to absconding
- Part 17 Proceedings under Part 10: evidence
- 172 Use of evidence obtained from prosecutor
- 173 Cases involving sexual behaviour: evidence
- 174 Cases involving sexual behaviour: taking of evidence by commissioner
- 175 Sections 173 and 174: application to sheriff for order as to evidence
- 176 Amendment of Vulnerable Witnesses (Scotland) Act 2004
- Part 18 Miscellaneous
- Children's hearings: procedural rules
- 177 Children's hearings: procedural rules
- Disclosure of information
- 178 Children's hearing: disclosure of information
- 179 Sharing of information: prosecution
- 179A Request for information by person affected by child's offence or behaviour
- 179B Information to which section 179A applies
- 179C Decision by Principal Reporter following request under section 179A
- 179D Support for persons affected by child’s offence or behaviour
- 180 Sharing of information: panel members
- Implementation of compulsory supervision orders: annual report
- 181 Implementation of compulsory supervision orders: annual report
- Publishing restrictions
- 182 Publishing restrictions
- Mutual assistance
- 183 Mutual assistance
- 184 Enforcement of obligations on health board under section 183
- Proceedings before sheriff under Act
- 185 Amendment of section 32 of Sheriff Courts (Scotland) Act 1971
- Consent of child to medical examination or treatment
- 186 Consent of child to medical examination or treatment
- Rehabilitation of offenders
- 187 Rehabilitation of Offenders Act 1974: treatment of certain disposals by children's hearings
- Criminal record certificates
- 188 Criminal record certificates
- Places of safety
- 189 Places of safety: restrictions on use of police stations
- Orders made outwith Scotland
- 190 Effect of orders made outwith Scotland
- Part 19 Legal aid and advice
- 191 Legal aid and advice
- 192 Power to make regulations about contracts for provision of children's legal aid
- Part 20 General
- Formal communications
- 193 Formal communications
- Forms
- 194 Forms
- Subordinate legislation
- 195 Subordinate legislation
- 196 Negative procedure
- 197 Affirmative procedure
- 198 Super-affirmative procedure
- Interpretation
- 199 Meaning of “child”
- 200 Meaning of “relevant person”
- 201 Meaning of “relevant local authority”
- 202 Interpretation
- General
- 203 Consequential amendments and repeals
- 204 Ancillary provision
- 205 Transitional provision etc.
- 206 Short title and commencement
- SCHEDULE 1 Children's Hearings Scotland
- Status
- Membership
- Persons disqualified from membership
- Resignation of members
- Removal of members
- Remuneration, allowances etc.
- Chairing meetings
- The National Convener
- Supplementary powers of National Convener
- Delegation of National Convener's functions
- Staff
- Area support teams: establishment and membership
- Transfer of members from CPACs
- Area support teams: functions
- Committees
- CHS's supplementary powers
- Procedure
- Delegation of CHS's functions
- Financial interests
- Grants
- Accounts
- Provision of accounts and other information to Scottish Ministers
- CHS's annual report
- National Convener's annual report
- Validity of proceedings and actions
- SCHEDULE 2 The Children's Panel
- Recruitment and tenure of panel members
- List of panel members
- Training
- Allowances
- SCHEDULE 3 The Scottish Children's Reporter Administration
- Status
- Membership
- Persons disqualified from membership
- Resignation of members
- Removal of members
- Remuneration, allowances etc.
- Chairing meetings
- The Principal Reporter
- Supplementary powers of Principal Reporter
- Delegation of Principal Reporter's functions
- Staff
- Appeals against dismissal
- Committees
- SCRA's supplementary powers
- Procedure
- Delegation of SCRA's functions
- Financial interests
- Grants
- Accounts
- Provision of accounts and other information to Scottish Ministers
- SCRA's annual report
- Principal Reporter's annual report
- Validity of proceedings and actions
- SCHEDULE 4 Transfer of staff and property to CHS
- Interpretation
- Staff transfer orders
- Schemes for transfer of staff: consultation
- Effect on existing contracts of employment
- Transfer of property etc. to CHS
- SCHEDULE 5 Minor and consequential amendments
- Legal Aid (Scotland) Act 1986 (c.47)
- Children (Scotland) Act 1995 (c.36)
- Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
- SCHEDULE 6 Repeals
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