A formal communication must be in writing.

A formal communication sent in accordance with subsection (3) is to be taken to be received on the day it is sent.

The Scottish Ministers may in particular determine that documents may be conveyed by electronic means.

Any power of the Scottish Ministers to make subordinate legislation under this Act is exercisable by statutory instrument.

Except in any case where subordinate legislation under this Act is subject to the affirmative procedure or the super-affirmative procedure, subordinate legislation under this Act is subject to the negative procedure.

Subsections (2) and (3) do not apply to an order under section 206(2).

Subsection (2) applies where subordinate legislation under this Act is subject to the negative procedure.

The statutory instrument containing the subordinate legislation is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Subsection (2) applies where subordinate legislation under this Act is subject to the affirmative procedure.

The subordinate legislation must not be made unless a draft of the statutory instrument containing the subordinate legislation has been laid before, and approved by resolution of, the Scottish Parliament.

Subsections (2) to (6) apply where subordinate legislation under this Act is subject to the super-affirmative procedure.

The subordinate legislation must not be made unless a draft of the statutory instrument containing the subordinate legislation has been laid before, and approved by resolution of, the Scottish Parliament.

In calculating any period of 60 days for the purposes of subsection (4)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

In this Act, “child” means a person who is under 16 years of age (but subject to subsections (2) to (9)).

In paragraph (o) of section 67(2) and the other provisions of this Act in their application in relation to that paragraph, “child” means a person who is of school age.

For the purposes of the application of this Act to the person, references in this Act to a child include references to the person until a relevant event occurs.

Subsection (9) applies where a case is remitted to the Principal Reporter under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995.

For the purposes of subsection (1)(a), a parent does not have parental responsibilities or rights merely by virtue of an order under section 11(2)(d) or (e) of the 1995 Act.

An order made under subsection (1)(g) is subject to the affirmative procedure.

In this Act, unless the context otherwise requires—

• “the 1995 Act” means the Children (Scotland) Act 1995 (c.36),

• “affirmative procedure” is to be construed in accordance with section 197,

• “CHS” means Children's Hearings Scotland,

• “chief social work officer” means the officer appointed under section 3 of the Social Work (Scotland) Act 1968 (c.49) by—

  1. a

     in relation to a compulsory supervision order or an interim compulsory supervision order, the implementation authority,

  2. b

     in relation to a medical examination order or a warrant to secure attendance, the relevant local authority for the child to whom the order or warrant relates,

• “child assessment order” means an order mentioned in section 35,

• “child protection order” means an order mentioned in section 37,

• “compulsory supervision order” has the meaning given by section 83,

• “contact order” has the meaning given by section 11(2)(d) of the 1995 Act,

• “crime” has the meaning given in section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

• “functions” includes powers and duties; and “confer”, in relation to functions, includes impose,

• “grounds determination” has the meaning given by section 110(1),

• “grounds hearing” has the meaning given by section 90,

• “implementation authority”—

  1. a

     in relation to a compulsory supervision order, has the meaning given by section 83(1)(b),

  2. b

     in relation to an interim compulsory supervision order, has the meaning given by section 86(1)(b),

• “interim compulsory supervision order” has the meaning given by section 86,

• “interim variation”, in relation to a compulsory supervision order, has the meaning given by section 140,

• “medical examination order” has the meaning given by section 87,

• “movement restriction condition” has the meaning given by section 84,

• “negative procedure” is to be construed in accordance with section 196,

• “officer of law” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

• “parental responsibilities” has the meaning given by section 1(3) of the 1995 Act,

• “parental rights” has the meaning given by section 2(4) of the 1995 Act,

• “permanence order” has the meaning given by section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4),

• “place of safety”, in relation to a child, means—

  1. a

     a residential or other establishment provided by a local authority,

  2. b

     a community home within the meaning of section 53 of the Children Act 1989 (c.41),

  3. c

     a police station,

  4. d

     a hospital or surgery, the person or body of persons responsible for the management of which is willing temporarily to receive the child,

  5. e

     the dwelling-house of a suitable person who is so willing, or

  6. f

     any other suitable place the occupier of which is so willing,

• “pre-hearing panel” has the meaning given by section 79(2)(a),

• “prosecutor” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

• “residential establishment” means—

  1. a

     an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of this Act, the 1995 Act or the Social Work (Scotland) Act 1968 (c.49),

  2. b

     a home in England or Wales that is—

     1. i

        a community home within the meaning of section 53 of the Children Act 1989 (c.41),

     2. ii

        a voluntary home within the meaning of that Act, or

     3. iii

        a private children's home within the meaning of that Act, or

  3. c

     F2an establishment in Northern Ireland that is—

     1. i

        a private children’s home within the meaning of the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 ),

     2. ii

        an authority home provided under Part VII of that Order, or

     3. iii

        a voluntary home provided under Part VIII of that Order,

• “safeguarder” has the meaning given by section 30(1),

• “school age” has the meaning given by section 31 of the Education (Scotland) Act 1980 (c.44),

• “secure accommodation” means accommodation provided F3for the purpose of restricting the liberty of children which—

  1. a

     in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (asp 8) ,

  2. b

     in England, is provided in a children’s home (within the meaning of the Care Standards Act 2000 (c.14) (“the 2000 Act”)) in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43) , “secure accommodation” means accommodation in relation to England which—

     1. i

        is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act, and

     2. ii

        is approved by the Secretary of State for the purpose of restricting the liberty of children,

  3. c

     in Wales, is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act,

• “secure accommodation authorisation” has the meaning given by section 85,

• “statement of grounds” has the meaning given by section 89(3),

• “subordinate legislation” means—

  1. a

     an order,

  2. b

     regulations, or

  3. c

     rules,

• “super-affirmative procedure” is to be construed in accordance with section 198,

• F4“supporting facts” has the meaning given by section 90(1D),

• “warrant to secure attendance” has the meaning given by section 88, and

• “working day” means every day except—

  1. a

     Saturday and Sunday,

  2. b

     25 and 26 December,

  3. c

     1 and 2 January.

References in this Act to a decision of a children's hearing are references to a decision of a majority of the members of a children's hearing.

References in this Act to a determination of a pre-hearing panel are references to a determination of a majority of the members of a pre-hearing panel.

References in this Act to varying a compulsory supervision order, an interim compulsory supervision order or a medical examination order include varying the order by adding or removing measures.

Schedule 5 contains minor amendments and amendments consequential on the provisions of this Act.

The enactments specified in schedule 6, which include enactments that are spent, are repealed to the extent specified.

The Scottish Ministers may by order make such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

An order under subsection (1) may modify any enactment (including this Act).

An order under this section containing provisions which add to, replace or omit any part of the text of an Act is subject to the affirmative procedure.

The Scottish Ministers may by order make such provision as they consider necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

An order under subsection (1) may modify any enactment (including this Act).

This Act may be cited as the Children's Hearings (Scotland) Act 2011.

The provisions of this Act, other than sections 193 to 202, 204, 205 and this section, come into force on such day as the Scottish Ministers may by order appoint.

An order under subsection (2) may contain transitional, transitory or saving provision in connection with the coming into force of this Act.