Children (Scotland) Act 1995 (c. 36)

Part IIU.K. Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.

Chapter 2U.K. Children’s Hearings

Constitution of children’s hearingsS

F139 Formation of children’s panel and children’s hearings.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Ss. 39-43, 45-74 repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended to exclude s. 44 from the range of repealed provisions (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(a); S.S.I. 2015/317, art. 2, Sch.) (with savings and transitional provisions in S.S.I. 2013/150, arts. 13-18, 25, 28-30); S.S.I. 2013/195, arts. 2, 3(e)(ii)

Modifications etc. (not altering text)

C1Ss. 39-74: saving for effects of 2011 asp 1, sch. 6 (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), arts. 1(2), 4(2)

C2Ss. 39-74: savings for effects of 2011 asp 1, sch. 6 (24.6.2013) by The Children s Hearings (Scotland) Act 2011 (Transitional, Savings and Supplementary Provisions) Order 2013 (S.S.I. 2013/150), arts. 1(1), 13-18, 25, 28-30 (with art. 4(2)); S.S.I. 2013/195

Qualifications, employment and duties of reportersS

F140 Qualification and employment of reporters.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Safeguards for childrenS

F141 Safeguarding child’s interests in proceedings.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Conduct of proceedings at and in connection with children’s hearingU.K.

F142 Power of Secretary of State to make rules governing procedure at children’s hearing etc.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

F143 Privacy of proceedings at and right to attend children’s hearing.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

44 Prohibition of publication of proceedings at children’s hearing.U.K.

F2[F3(1)No person shall publish any matter in respect of proceedings before a sheriff on an application under section 76(1) of this Act which is intended to, or is likely to, identify—

(a)the child concerned in, or any other child connected (in any way) with, the proceedings; or

(b)any address or school as being that of any such child.]

(2)Any person who contravenes subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale in respect of each such contravention.

(3)It shall be a defence in proceedings for an offence under this section for the accused to prove that he did not know, and had no reason to suspect, that the published matter was intended, or was likely, to identify the child or, as the case may be, the address or school.

(4)In this section “to publish” includes, without prejudice to the generality of that expression,—

(a)to publish matter in a programme service, as defined by section 201 of the M1Broadcasting Act 1990 (definition of programme service); and

(b)to cause matter to be published.

(5)The requirements of subsection (1) above may, in the interests of justice, be dispensed with by—

(a)the sheriff in any proceedings before him;

F4 F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to such extent as the sheriff F6 F7... considers appropriate.

F8[F9(6)The requirements of subsection (1) do not apply in relation to the publication by or on behalf of a local authority or an adoption agency (within the meaning of the Adoption and Children (Scotland) Act 2007 (asp 4)) of information about a child for the purposes of making arrangements in relation to the child under this Act or that Act.]

Textual Amendments

F2S. 44(1) substituted (S.) (30.9.2015) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 4(4)(a); S.S.I. 2015/317, art. 2, sch. (with art. 3)

F3S. 44(1) substituted (E.W.N.I.) (30.9.2015) by The Children and Young People (Scotland) Act 2014 (Consequential and Saving Provisions) Order 2015 (S.I. 2015/907), arts. 1(3), 2(2)(a) (with art. 4)

F4S. 44(5)(b)(c) omitted (E.W.N.I.) (30.9.2015) by virtue of The Children and Young People (Scotland) Act 2014 (Consequential and Saving Provisions) Order 2015 (S.I. 2015/907), arts. 1(3), 2(2)(b)(i) (with art. 4)

F5S. 44(5)(b)(c) omitted (S.) (30.9.2015) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 4(4)(b)(i); S.S.I. 2015/317, art. 2, sch. (with art. 3); S.S.I. 2015/317, art. 2, sch. (with art. 3)