- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/11/2022)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 01/11/2022.
There are currently no known outstanding effects for the The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013, PART 20.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
88.—(1) Where by virtue of the Act or any other enactment a children's hearing has been held in relation to a child the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3) within 5 days of the children's hearing.
(2) Those persons are—
(a)the child;
(b)each relevant person;
(c)any appointed safeguarder.
(3) That information is—
(a)the decision of the children's hearing;
(b)the reasons for that decision;
(c)a copy of any compulsory supervision order, interim compulsory supervision order, medical examination order made, or warrant to secure attendance granted;
(d)a notice of any right to appeal the children's hearing's decision under section 154 (appeal to sheriff against decision of children's hearing) or 160 (appeal to sheriff against relevant person determination) of the Act;
(e)where the child or any relevant person is subject to an order under section 159 (frivolous and vexatious appeals) of the Act, confirmation of the need for that person to seek leave from the sheriff to appeal the decision;
(f)details of any right to seek a suspension of the children's hearing's decision to make, vary, continue or terminate a compulsory supervision order under section 158 (compulsory supervision order: suspension pending appeal) of the Act;
(g)details of the child's and each relevant person's right to seek a review of a compulsory supervision order under, or by virtue of, section 132 (right of child or relevant person to require review) of the Act.
(4) This rule does not apply where rules 66(7), 91, 92, 93 or 96 apply.
88A. Where a children’s hearing makes a direction which regulates contact between the child and an individual afforded an opportunity to participate in relation to the hearing by virtue of rule 2A, the Reporter must give to the individual—
(a)a copy of the direction, and
(b)the reasons for the direction.]
Textual Amendments
F1Rule 88A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(28)
89.—(1) Where rule 88 applies within 5 days of the children's hearing the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in rule 88(3)(a) to (c).
(2) Those persons are—
(a)the chief social work officer of the implementation authority where the decision was to make a compulsory supervision order or interim compulsory supervision order and in any other case the chief social work officer of the relevant local authority for the child;
(b)any person who under the compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance is responsible for providing any service, support, or accommodation in respect of the child.
(3) Where by virtue of any compulsory supervision order, interim compulsory supervision order or medical examination order the person with whom the child is required to reside is a person other than the implementation authority or a relevant person paragraph (4) applies.
(4) The Reporter must give the information mentioned in rule 88(3)(a) to (c)—
(a)where a social work officer from the implementation authority or relevant local authority for the child, as the case may be, attended the children's hearing resulting in the order in question, and it is reasonably practicable to do so, to that social work officer immediately following the children's hearing;
(b)in any other case, to the chief social work officer of the implementation authority, or relevant local authority for the child, as the case may be, no later than the end of the working day following the conclusion of the children's hearing.
90.—(1) Where rule 88 applies and the grounds hearing has proceeded under section 91(3) (grounds accepted: powers of grounds hearing) of the Act or, where rule 68 applies, section 119(3) (children's hearing following deferral or proceedings under Part 10) of the Act, the Reporter must notify the children's hearing's decision to the chief constable of the Police Service of Scotland under section 61 (constable's duty to provide information to Principal Reporter) of the Act or section 43(5) (arrangements where children arrested) of the Criminal Procedure (Scotland) Act 1995.
(2) Where rule 88 applies and the decision of the children's hearing is to make a compulsory supervision order in respect of a person aged 16 years or older, as soon as reasonably practicable, the Reporter must notify the chief constable of the area in which the person resides.
(3) When a child subject to a compulsory supervision order reaches the age of 16 years, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which the child resides.
(4) Where section 199(3) and (4) (meaning of “child”) of the Act applies to a person, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which the person resides of-
(a)the application of section 199(3) and (4) of the Act to that person; and
(b)when a relevant event in section 199(5) of the Act has taken place in relation to that person.
(5) When a person under paragraph (2), (3) or (4) is no longer subject to a compulsory supervision order, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which that person resides.
(6) Information disclosed to the chief constable under paragraph (1), (2), (3), (4) or (5) may be used by the chief constable and police forces only for the purpose of—
(a)enabling or assisting them to perform their functions under or by virtue of this Act, the Police Act 1997 M1, or the Protection of Vulnerable Groups (Scotland) Act 2007 M2;
(b)the prevention or detection of crime;
(c)the apprehension or prosecution of offenders; or
(d)the protection of children.
91.—(1) The Reporter must as soon as practicable after the hearing held by virtue of section 45 or 46 of the Act give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3).
(2) Those persons are—
(a)the child in respect of whom the child protection order is made;
(b)each relevant person;
(c)any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;
(d)the person who applied for the child protection order or child assessment order, as the case may be;
(e)the person specified in the child protection order under section 37(2)(a) (child protection orders) of the Act;
(f)any other person prescribed by rules of court for the purposes of section 48 (application for variation or termination) or 49 (notice of application for variation or termination) of the Act;
(g)any appointed safeguarder.
(3) That information is—
(a)the decision of the children's hearing;
(b)the reasons for that decision;
(c)where the children's hearing's decision was to continue the child protection order, the right of those persons in paragraph (2) to make an application to the sheriff under section 48(1) of the Act to vary the order or under section 48(2) of the Act to terminate the order.
(4) The Reporter must give to the persons mentioned in paragraph (5) the information mentioned in paragraph (3)(a) and (b).
(5) Those persons are—
(a)the chief social work officer of the relevant local authority for the child;
(b)any person who under the child protection order is responsible for providing any service, support, or accommodation in respect of the child
92.—(1) Within 5 days of the children's hearing held under section 126 of the Act the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3).
(2) Those persons are—
(a)the child;
(b)each relevant person;
(c)any appointed safeguarder;
(d)any individual who has a contact order regulating contact between the individual and the child;
(e)any individual who has a permanence order which specifies arrangement for contact between the individual and the child;
(f)any person who requested a children's hearing be held under section 126(2)(b) of the Act.
(3) That information is—
(a)details of the decision of the children's hearing;
(b)the reasons for that decision;
(c)notice of any right to appeal the children's hearing's decision under section 161 (appeal to sheriff against decision affecting contact or permanence order) of the Act;
(d)where the person is subject to an order under section 159 (frivolous and vexatious appeals) of the Act, confirmation of the need for that person to seek leave from the sheriff to appeal the decision.
(4) The Reporter must give to the persons mentioned in paragraph (5) the information mentioned in paragraph (3)(a) and (b).
(5) Those persons are—
(a)the implementation authority where the decision was to make a compulsory supervision order or interim compulsory supervision order and in any other case the relevant local authority for the child;
(b)any person who under the compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance is responsible for providing any service, support or accommodation in respect of the child.
93.—(1) Where a children's hearing has been held by virtue of section 158 of the Act the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3) within 5 days of the children's hearing.
(2) Those persons are—
(a)the child;
(b)each relevant person;
(c)any appointed safeguarder.
(3) That information is—
(a)the decision of the children's hearing;
(b)the reasons for that decision.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys