Part 18Miscellaneous

Children's hearings: procedural rules

I1177Children's hearings: procedural rules

1

The Scottish Ministers may make rules about the procedure relating to children's hearings.

2

Rules may in particular make provision for or in connection with—

a

specifying matters that may be determined by pre-hearing panels,

b

constituting children's hearings,

c

arranging children's hearings,

d

notifying persons about children's hearings,

e

attendance of persons at children's hearings,

f

specifying circumstances in which persons may be excused from attending children's hearings,

g

specifying circumstances in which persons may be excluded from children's hearings,

h

obtaining the views of the child to whom a children's hearing relates,

i

provision of specified documents to—

i

members of children's hearings,

ii

the child to whom a children's hearing relates,

iii

relevant persons in relation to the child to whom a children's hearing relates,

iv

any other specified persons,

j

withholding of specified documents from persons mentioned in paragraph (i),

k

prescribing the form of the statement of grounds,

l

the recording and transmission of information,

m

representation of persons at children's hearings,

n

payment of expenses,

o

appeals.

3

In making rules in pursuance of subsection (2)(i)(i), the Scottish Ministers must ensure that any views expressed by the child to whom a children's hearing relates are reflected in a specified document.

4

Rules containing provision of the type mentioned in subsection (2)(a), (e), (f), (g), (j) or (m) are subject to the affirmative procedure.

5

In this section—

  • “children's hearing” includes pre-hearing panel,

  • “specified” means specified in the rules.