Part 3General considerations
I127Views of the child
1
This section applies where by virtue of this Act a children's hearingF1, pre-hearing panel or the sheriff is coming to a decision about a matter relating to a child.
2
This section does not apply where the sheriff is deciding whether to make a child protection order in relation to a child.
3
The children's hearingF2, pre-hearing panel or the sheriff must, so far as practicable and taking account of the age and maturity of the child—
a
give the child an opportunity to indicate whether the child wishes to express the child's views,
b
if the child wishes to do so, give the child an opportunity to express them, and
c
have regard to any views expressed by the child.
4
Without prejudice to the generality of subsection (3), a child who is aged 12 or over is presumed to be of sufficient age and maturity to form a view for the purposes of that subsection.
5
In this section “coming to a decision about a matter relating to a child”, in relation to a children's hearingF3, pre-hearing panel, includes—
a
providing advice by virtue of section 50,
b
preparing a report under section 141(2).