PART 16Children's hearings
I184Power to determine that deeming of person as relevant person to end
1
The 2011 Act is amended as follows.
2
In section 79—
a
in subsection (1), for “This section applies” substitute “
Subsections (2) to (5) apply
”
,
b
after subsection (1), insert—
1A
Subsection (5A) applies (in addition to subsections (2) to (5)) where the children's hearing is—
a
a subsequent children's hearing under Part 11, or
b
held for the purposes of reviewing a compulsory supervision order.
c
after subsection (5), insert—
5A
The Principal Reporter—
a
must refer the matter of whether an individual deemed to be a relevant person by virtue of section 81 should continue to be deemed to be a relevant person in relation to the child for determination by a pre-hearing panel if requested to do so by—
i
the individual so deemed,
ii
the child, or
iii
a relevant person in relation to the child,
b
may refer that matter for determination by a pre-hearing panel on the Principal Reporter's own initiative.
3
After section 81, insert—
81ADetermination that deeming of person as relevant person to end
1
This section applies where a matter mentioned in section 79(5A)(a) is referred to a meeting of a pre-hearing panel.
2
Where the matter is referred along with any other matter, the pre-hearing panel must determine it before determining the other matter.
3
The pre-hearing panel must determine that the individual is no longer to be deemed to be a relevant person if it considers that the individual does not have (and has not recently had) a significant involvement in the upbringing of the child.
4
Where the pre-hearing panel makes a determination as described in subsection (3), section 81(4) ceases to apply in relation to the individual.
5
Where, by virtue of section 80(3), the children's hearing is to determine a matter mentioned in section 79(5A)(a), references in subsections (2) to (4) to the pre-hearing panel are to be read as references to the children's hearing.