Children's Hearings (Scotland) Act 2011

160 Appeal to sheriff against relevant person determination S

(1) A person mentioned in subsection (2) may appeal to the sheriff against—

[F1 (a) a determination of a pre-hearing panel or a 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 determination of a review under section 142(2) that an individual is to continue to be deemed, or no longer to be deemed, a relevant person in relation to a child.

(2) The persons are—

(a) the individual in question,

(b) the child,

(c) a relevant person in relation to the child,

(d) two or more persons mentioned in paragraphs (a) to (c) acting jointly.

(3) If satisfied that the determination to which the appeal relates is justified, the sheriff must confirm the determination.

(4) If not satisfied, the sheriff must—

(a) quash the determination, and

[F2 (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.]

(5) Where the sheriff makes an order under subsection (4)(b), section 81(4) applies to the individual as if a pre-hearing panel had deemed the individual to be a relevant person.

(6) An appeal under this section must be—

(a) made before the expiry of the period of [F3 7 days] [F3 21 days] beginning with the day on which the determination is made,

(b) heard and disposed of before the expiry of the period of [F4 3 days] [F4 7 days] beginning with the day on which the appeal is made.

Textual Amendments

F1 S. 160(1)(a) substituted (26.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(8); S.S.I. 2014/353, art. 2(2)(3), Sch.

F2 S. 160(4)(b) substituted (26.7.2021) by Children (Scotland) Act 2020 (asp 16), ss. 26(2), 34(2); S.S.I. 2020/412, reg. 2(2)(d)

F3 Words in s. 160(6)(a) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 7(4)(a) (with ss. 11-13, sch. 3 para. 7(15)) (which affecting provision expires (30.9.2021 at the end of the day) by virtue of Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2) (with sch. para. 1))

F4 Words in s. 160(6)(b) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 7(4)(b) (with ss. 11-13, sch. 3 para. 7(15)) (which affecting provision expires (30.9.2021 at the end of the day) by virtue of Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2) (with sch. para. 1))

Commencement Information

I1 S. 160 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3