Children’s Hearings (Scotland) Act 2011

177 Children’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.