Children's hearings
I126Appeal against relevant person decision
1
The Children's Hearings (Scotland) Act 2011 is modified by subsections (2) and (3).
2
In section 160 (appeal to sheriff against relevant person determination) in subsection (4) for paragraph (b) substitute—
b
where the determination is of one of the following kinds, make an order deeming the individual to be a relevant person in relation to the child—
i
a determination of a pre-hearing panel or children's hearing under section 81 that the individual is not to be deemed a relevant person in relation to the child,
ii
a determination of a pre-hearing panel or children's hearing under section 81A that the person is no longer to be deemed a relevant person in relation to the child.
3
In section 164 (which provides for an appeal against a sheriff's relevant person decision)—
a
in subsection (1), for the words from “a determination” to the end substitute
—
a
a decision of the sheriff in an appeal against a determination of a pre-hearing panel or children's hearing that an individual—
i
is or is not to be deemed a relevant person in relation to a child,
ii
is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,
b
a decision of the sheriff in an appeal against a determination of a review under section 142(2) that an individual is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child.
b
in subsection (3), after paragraph (d) insert—
e
the Principal Reporter.
c
after subsection (3) insert—
3A
Despite subsection (1), the Principal Reporter may not appeal against a decision by the sheriff confirming a determination of a children's hearing.
4
The Legal Aid (Scotland) Act 1986 is modified by subsection (5).
5
In section 28F (availability of children's legal aid: appeals relating to deemed relevant person)—
a
in subsection (1)(d)(i), after “not to be deemed” insert “
, or is no longer to be deemed,
”
,
b
in subsection (1)(d)(ii), after “to be deemed” insert “
, or is to continue to be deemed,
”
,
c
in subsection (1)(e), after “not to be deemed” insert “
, or is no longer to be deemed,
”
.