Coronavirus (Scotland) Act 2020

Requirements as to members of children’s hearings

1 (1) The Children’s Hearings (Scotland) Act 2011 applies in accordance with the modifications in sub-paragraphs (2) to (4).

(2) Section 5 (children’s hearing) has effect as if—

(a) the existing text were subsection (1),

(b) after that subsection there were inserted—

“(2) But a children’s hearing may consist of fewer than three members where it is not practicable for the children’s hearing to consist of three members.”.

(3) Section 6(3) (selection of members of children’s hearing) has effect as if at the beginning of paragraph (a) there were inserted “so far as practicable,”.

(4) Section 79 (referral of certain matters for pre-hearing determination) has effect as if after subsection (2) there were inserted—

“(2A) A pre-hearing panel may consist of fewer than three members where it is not practicable for the pre-hearing panel to consist of three members.”.

(5) The Children’s Hearings (Scotland) Act 2011 (Safeguarders: Further Provision) Regulations 2012 (S.S.I. 2012/336) apply in accordance with the modification in sub-paragraph (6).

(6) Regulation 9(2)(d) (access to safeguarder reports) has effect as if for “the three members” there were substituted “the members”.

(7) The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 (S.S.I. 2013/194) apply in accordance with the modifications in sub-paragraphs (8) and (9).

(8) Rule 3(2) (selection of members of pre-hearing panel) has effect as if in sub-paragraph (a) there were inserted at the beginning “so far as practicable,”.

(9) Each of the following rules has effect as if for “the three members” there were substituted “the members”—

• rule 25,

• rule 26(4)(d),

• rule 28(1) and (2),

• rule 29(3)(e),

• rule 30(3)(d),

• rule 32(1),

• rule 33(3)(e),

• rule 35(1),

• rule 36(3)(e),

• rule 39(3)(g),

• rule 40(2)(h),

• rule 41(3)(d),

• rule 42(2)(h),

• rule 43(3)(d),

• rule 44(2)(d),

• rule 45(2)(f),

• rule 46(2)(d),

• rule 46A(2)(d),

• rule 52(2)(f),

• rule 56(3)(a),

• rule 71(2)(h),

• rule 76(2)(d),

• rule 94(3)(g).