Children's Hearings (Scotland) Act 2011

31 Sheriff: duty to consider appointing safeguarder S

(1) This section applies where—

(a) proceedings are being taken before the sheriff under Part 10 or 15 in relation to a child, and

(b) a safeguarder has not been appointed for the child in relation to proceedings under those Parts.

(2) The sheriff must consider whether to appoint a safeguarder for the child.

(3) The sheriff may appoint a safeguarder for the child.

(4) A safeguarder appointed under this section is to be treated for the purposes of this Act (other than this section [F1 and section 33]) as having been appointed by a children's hearing by virtue of section 30.

(5) An appointment under subsection (3) must be recorded.

(6) If the sheriff appoints a safeguarder, the sheriff must give reasons for the decision.

Textual Amendments

F1 Words in s. 31(4) 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(6)

Commencement Information

I1 S. 31 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3