Local Government etc. (Scotland) Act 1994

The Scottish Children’s Reporter Administration

128 The Scottish Children’s Reporter Administration

(1) There shall be a body, to be known as the “Scottish Children’s Reporter Administration” (hereinafter in this Act referred to as the “Administration”).

(2) The Principal Reporter shall be the chief officer of the Administration.

(3) The general purpose of the Administration shall be to facilitate the performance by the Principal Reporter of his functions under the 1968 Act and the Criminal Procedure (Scotland) Act 1975.

(4) Appointments to the office of Principal Reporter subsequent to the first such appointment shall be made by the Administration with the consent of the Secretary of State on such terms and conditions as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(5) The Administration shall have such other officers as are necessary in order to assist the Principal Reporter; they shall, subject to section 137 of this Act, be appointed by the Administration on such terms as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(6) Schedule 12 to this Act (which provides as to the status, constitution and proceedings of the Administration and other matters relating to it) shall have effect.

(7) The Administration shall be responsible for the management of its officers, including their discipline and removal from office and their deployment throughout Scotland for the purposes of performing their duties.

(8) Nothing in this section or any other provision of this Act shall be taken as authorising the Administration to direct or guide the Principal Reporter in the performance of his functions under the 1968 Act and the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975.

129 Appeal against dismissal of Principal Reporter and other officers

(1) If dismissed by the Administration, the Principal Reporter or any prescribed officer of the Administration may appeal to the Secretary of State against the dismissal.

(2) An officer may be prescribed for the purposes of this section by reference to a class thereof so prescribed.

(3) In an appeal under this section the Administration shall be the respondent.

(4) The—

(a) procedure in relation to an appeal under this section;

(b) effect of the making of such an appeal;

(c) powers of the Secretary of State to dispose of such an appeal (including powers to make directions as to liability for expenses); and

(d) effect of the exercise of such powers

shall be as prescribed.

(5) In this section, “prescribed” means prescribed by regulations made by the Secretary of State.

(6) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.