- Latest available (Revised)
- Point in Time (24/06/2013)
- Original (As enacted)
Version Superseded: 19/09/2013
Point in time view as at 24/06/2013.
Children's Hearings (Scotland) Act 2011,
Part 7
is up to date with all changes known to be in force on or before 20 August 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies where by virtue of this Act a children's hearing is, or is to be, arranged in relation to a child.
(2)The child must attend the children's hearing unless the child is excused under subsection (3) or rules under section 177.
(3)A children's hearing may excuse the child from attending all or part of the children's hearing if the children's hearing is satisfied that—
(a)the hearing relates to the ground mentioned in section 67(2)(b), (c), (d) or (g) and the attendance of the child at the hearing, or that part of the hearing, is not necessary for a fair hearing,
(b)the attendance of the child at the hearing, or that part of the hearing, would place the child's physical, mental or moral welfare at risk, or
(c)taking account of the child's age and maturity, the child would not be capable of understanding what happens at the hearing or that part of the hearing.
(4)Where the children's hearing is a grounds hearing, the children's hearing may excuse the child from attending during an explanation given in compliance with section 90(1) only if it is satisfied that, taking account of the child's age and maturity, the child would not be capable of understanding the explanation.
Commencement Information
I1S. 73 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
(1)This section applies where by virtue of this Act a children's hearing is, or is to be, arranged in relation to a child.
(2)Each relevant person in relation to the child who is notified of the children's hearing by virtue of rules under section 177 must attend the children's hearing unless the relevant person is—
(a)excused under subsection (3) or rules under section 177, or
(b)excluded from the children's hearing under section 76(2).
(3)A children's hearing may excuse a relevant person from attending all or part of the children's hearing if the children's hearing is satisfied that—
(a)it would be unreasonable to require the relevant person's attendance at the hearing or that part of the hearing, or
(b)the attendance of the relevant person at the hearing, or that part of the hearing, is unnecessary for the proper consideration of the matter before the hearing.
(4)A relevant person who is required to attend a children's hearing under subsection (2) and fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Commencement Information
I2S. 74 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
(1)This section applies where a relevant person in relation to a child is required by section 74(2) to attend a children's hearing and fails to do so.
(2)The children's hearing may, if it considers it appropriate to do so, proceed with the children's hearing in the relevant person's absence.
Commencement Information
I3S. 75 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
(1)This section applies where a children's hearing is satisfied that the presence at the hearing of a relevant person in relation to the child—
(a)is preventing the hearing from obtaining the views of the child, or
(b)is causing, or is likely to cause, significant distress to the child.
(2)The children's hearing may exclude the relevant person from the children's hearing for as long as is necessary.
(3)After the exclusion has ended, the chairing member of the children's hearing must explain to the relevant person what has taken place in the relevant person's absence.
Commencement Information
I4S. 76 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
(1)This section applies where a children's hearing is satisfied that the presence at the hearing of a representative of a relevant person in relation to the child—
(a)is preventing the hearing from obtaining the views of the child, or
(b)is causing, or is likely to cause, significant distress to the child.
(2)The children's hearing may exclude the representative from the children's hearing for as long as is necessary.
(3)After the exclusion has ended, the chairing member of the children's hearing must explain to the representative what has taken place in the representative's absence.
Commencement Information
I5S. 77 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
(1)The following persons have a right to attend a children's hearing—
(a)the child (whether or not the child has been excused from attending),
(b)a person representing the child,
(c)a relevant person in relation to the child (unless that person is excluded under section 76(2)),
(d)a person representing a relevant person in relation to the child (unless that person is excluded under section 77(2)),
(e)the Principal Reporter,
(f)if a safeguarder is appointed under this Act in relation to the child, the safeguarder,
(g)a member of the Administrative Justice and Tribunals Council or the Scottish Committee of that Council (acting in that person's capacity as such),
(h)a member of an area support team (acting in that person's capacity as such),
(i)subject to subsection (5), a representative of a newspaper or news agency.
(2)No other person may attend a children's hearing unless—
(a)the person's attendance at the hearing is considered by the chairing member of the children's hearing to be necessary for the proper consideration of the matter before the children's hearing,
(b)the person is otherwise granted permission to attend by the chairing member of the children's hearing, or
(c)the person is authorised or required to attend by virtue of rules under section 177.
(3)The chairing member may not grant permission to a person under subsection (2)(b) if the child or a relevant person in relation to the child objects to the person attending the children's hearing.
(4)The chairing member must take all reasonable steps to ensure that the number of persons present at a children's hearing at the same time is kept to a minimum.
(5)The children's hearing may exclude a representative of a newspaper or news agency from any part of the hearing where it is satisfied that—
(a)it is necessary to do so to obtain the views of the child, or
(b)the presence of that person is causing, or is likely to cause, significant distress to the child.
(6)Where a person is excluded under subsection (5), after the exclusion has ended, the chairing member may explain to the person, where appropriate to do so, the substance of what has taken place in the person's absence.
[F1(7)In this section “children’s hearing” includes a pre-hearing panel.]
Textual Amendments
F1S. 78(7) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 20(9)
Commencement Information
I6S. 78 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: