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Children’s Hearings (Scotland) Act 2011
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Child’s age
124Requirement to establish child’s age
(1)This section applies where a children’s hearing is held by virtue of this Act.
(2)The chairing member of the children’s hearing must ask the person in respect of whom the hearing has been arranged to declare the person’s age.
(3)The person may make another declaration as to the person’s age at any time.
(4)The chairing member need not comply with the requirement in subsection (2) if the chairing member considers that the person would not be capable of understanding the question.
(5)Any children’s hearing may make a determination of the age of a person who is the subject of the hearing.
(6)A person is taken for the purposes of this Act to be of the age—
(a)worked out on the basis of the person’s most recent declaration, or
(b)if a determination of age by a children’s hearing is in effect, worked out in accordance with that determination.
(7)Nothing done by a children’s hearing in relation to a person is invalidated if it is subsequently proved that the age of the person is not that worked out under subsection (6).
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