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Children's Hearings (Scotland) Act 2011
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Changes to legislation:
Children's Hearings (Scotland) Act 2011, Part 2 is up to date with all changes known to be in force on or before 15 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 2:
- Pt. 17A inserted by 2020 asp 16 s. 6(2)
- s. 7A inserted by 2024 asp 5 s. 2(2)
- s. 25(3) inserted by 2020 asp 16 s. 30(7)
- s. 27(3)-(4A) substituted for s. 27(3)(4) by 2020 asp 16 s. 3(2)
- s. 57A 57B and cross-heading inserted by 2024 asp 5 s. 3(7)
- s. 62(5)(q)-(u) inserted by 2020 asp 9 s. 8(2)(b)
- s. 83(2)(ca)(cb) inserted by 2024 asp 5 s. 5(2)(a)
- s. 83(2A) inserted by 2024 asp 5 s. 4(2)(b)
- s. 83(4A) inserted by 2024 asp 5 s. 6(2)(b)
- s. 138(6)(aa) inserted by 2024 asp 5 s. 11(2)(a)(ii)
- s. 138(7A) inserted by 2024 asp 5 s. 11(2)(b)
- s. 144(6) amendment to earlier affecting provision S.S.I. 2022/225, reg. 13(4) by 2024 asp 5 Sch. para. 27(2)(b)
- s. 150(2)(ca)(cb) inserted by 2024 asp 5 s. 6(3)(c)
- s. 163(2)-(2B) substituted for s. 163(2) by 2020 asp 16 s. 27(3)(b)
- s. 164(2)-(2B) substituted for s. 164(2) by 2020 asp 16 s. 27(4)(b)
- s. 165(2)-(2B) substituted for s. 165(2) by 2020 asp 16 s. 27(5)(b)
- s. 177(2)(ha) inserted by 2024 asp 5 s. 2(3)
- s. 179A(5A)(5B) inserted by 2024 asp 5 s. 8(2)(b)
- s. 179B(3)-(6) inserted by 2024 asp 5 s. 8(3)(c)
- s. 179C(4) inserted by 2024 asp 5 s. 8(4)(b)
- s. 179D inserted by 2024 asp 5 s. 9(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 17A inserted by 2020 asp 16 s. 6(2)
- s. 7A inserted by 2024 asp 5 s. 2(2)
- s. 25(3) inserted by 2020 asp 16 s. 30(7)
- s. 27(3)-(4A) substituted for s. 27(3)(4) by 2020 asp 16 s. 3(2)
- s. 57A 57B and cross-heading inserted by 2024 asp 5 s. 3(7)
- s. 62(5)(q)-(u) inserted by 2020 asp 9 s. 8(2)(b)
- s. 83(2)(ca)(cb) inserted by 2024 asp 5 s. 5(2)(a)
- s. 83(2A) inserted by 2024 asp 5 s. 4(2)(b)
- s. 83(4A) inserted by 2024 asp 5 s. 6(2)(b)
- s. 138(6)(aa) inserted by 2024 asp 5 s. 11(2)(a)(ii)
- s. 138(7A) inserted by 2024 asp 5 s. 11(2)(b)
- s. 144(6) amendment to earlier affecting provision S.S.I. 2022/225, reg. 13(4) by 2024 asp 5 Sch. para. 27(2)(b)
- s. 150(2)(ca)(cb) inserted by 2024 asp 5 s. 6(3)(c)
- s. 163(2)-(2B) substituted for s. 163(2) by 2020 asp 16 s. 27(3)(b)
- s. 164(2)-(2B) substituted for s. 164(2) by 2020 asp 16 s. 27(4)(b)
- s. 165(2)-(2B) substituted for s. 165(2) by 2020 asp 16 s. 27(5)(b)
- s. 177(2)(ha) inserted by 2024 asp 5 s. 2(3)
- s. 179A(5A)(5B) inserted by 2024 asp 5 s. 8(2)(b)
- s. 179B(3)-(6) inserted by 2024 asp 5 s. 8(3)(c)
- s. 179C(4) inserted by 2024 asp 5 s. 8(4)(b)
- s. 179D inserted by 2024 asp 5 s. 9(2)
Part 2SThe Principal Reporter and the Scottish Children's Reporter Administration
Modifications etc. (not altering text)
C1Pt. 2 applied by S.S.I. 2003/179, reg. 3A (as inserted (24.6.2013) by The Children's Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 3(3))
The Principal Reporter and SCRAS
14The Principal ReporterS
There continues to be an officer known as the Principal Reporter.
Commencement Information
I1S. 14 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
15The Scottish Children's Reporter AdministrationS
There continues to be a body corporate known as the Scottish Children's Reporter Administration (in this Act referred to as “SCRA”).
Commencement Information
I2S. 15 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
16Further provision about Principal Reporter and SCRAS
Schedule 3 makes further provision about the Principal Reporter and SCRA.
Commencement Information
I3S. 16 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
The Principal ReporterS
17Duty as respects location of children's hearingS
The Principal Reporter must ensure that, so far as practicable, a children's hearing takes place in the area of the relevant local authority for the child to whom the hearing relates.
Commencement Information
I4S. 17 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
18Power to change Principal Reporter's functionsS
(1)The Scottish Ministers may by order—
(a)confer additional functions on the Principal Reporter,
(b)remove functions from the Principal Reporter,
(c)transfer functions from another person to the Principal Reporter,
(d)transfer functions from the Principal Reporter to another person,
(e)specify the manner in which, or period within which, any function conferred on the Principal Reporter by virtue of this Act or the Criminal Procedure (Scotland) Act 1995 (c.46) is to be carried out.
(2)An order under this section is subject to the super-affirmative procedure (other than an order under subsection (1)(e), which is subject to the affirmative procedure).
Commencement Information
I5S. 18 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
19Rights of audienceS
(1)The Scottish Ministers may by regulations—
(a)empower the Principal Reporter to conduct proceedings which by virtue of this Act require to be conducted before the sheriff[F1, the sheriff principal or the Sheriff Appeal Court],
(b)prescribe qualifications or experience that must be acquired or training that must be undertaken by the Principal Reporter before conducting such proceedings.
(2)References in subsection (1) to the Principal Reporter include references to a person carrying out a function on behalf of the Principal Reporter by virtue of paragraph 10(1) of schedule 3.
Textual Amendments
F1Words in s. 19(1)(a) substituted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 (S.S.I. 2015/402), art. 1, Sch. para. 7(2) (with art. 5)
Commencement Information
I6S. 19 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
Functions of SCRAS
20Assisting Principal ReporterS
SCRA must—
(a)assist the Principal Reporter in carrying out the functions conferred on the Principal Reporter by virtue of this Act or any other enactment, and
(b)facilitate the carrying out of those functions.
Commencement Information
I7S. 20 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
21Provision of accommodation for children's hearingsS
(1)SCRA must provide suitable accommodation and facilities for children's hearings.
(2)Accommodation and facilities must, so far as practicable, be provided in the area of each local authority.
(3)Accommodation and facilities must be dissociated from courts exercising criminal jurisdiction and police stations.
Commencement Information
I8S. 21 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
22Independence of Principal ReporterS
(1)Nothing in this Act authorises SCRA or any other person to direct or guide the Principal Reporter in carrying out the functions conferred on the Principal Reporter by virtue of this Act or any other enactment.
(2)This section is subject to section 18(1)(e).
Commencement Information
I9S. 22 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
23DirectionsS
(1)The Scottish Ministers may give SCRA general or specific directions about the carrying out of its functions.
(2)SCRA must comply with a direction under subsection (1).
(3)The Scottish Ministers may vary or revoke a direction under subsection (1) by giving a subsequent direction under that subsection.
Commencement Information
I10S. 23 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
Transfer of staff, property etc.S
24Transfer of staff, property etc.S
Schedule 4 makes provision about the transfer of staff, property, rights, liabilities and obligations to CHS.
Commencement Information
I11S. 24 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
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