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Children's Hearings (Scotland) Act 2011

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Children's Hearings (Scotland) Act 2011 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part 1 The National Convener and Children's Hearings Scotland

    1. The National Convener and CHS

      1. 1.The National Convener

      2. 2.Children's Hearings Scotland

      3. 3.Further provision about National Convener and CHS

    2. The Children's Panel

      1. 4.The Children's Panel

    3. Children's hearings

      1. 5.Children's hearing

      2. 6.Selection of members of children's hearing

      3. 7.Holding of children's hearing

      4. 8.Provision of advice to children's hearing

      5. 9.Independence of children's hearings

    4. Power to change National Convener's functions

      1. 10.Power to change National Convener's functions

    5. Functions of CHS

      1. 11.Provision of assistance to National Convener

      2. 12.Independence of National Convener

      3. 13.Directions

  3. Part 2 The Principal Reporter and the Scottish Children's Reporter Administration

    1. The Principal Reporter and SCRA

      1. 14.The Principal Reporter

      2. 15.The Scottish Children's Reporter Administration

      3. 16.Further provision about Principal Reporter and SCRA

    2. The Principal Reporter

      1. 17.Duty as respects location of children's hearing

      2. 18.Power to change Principal Reporter's functions

      3. 19.Rights of audience

    3. Functions of SCRA

      1. 20.Assisting Principal Reporter

      2. 21.Provision of accommodation for children's hearings

      3. 22.Independence of Principal Reporter

      4. 23.Directions

    4. Transfer of staff, property etc.

      1. 24.Transfer of staff, property etc.

  4. Part 3 General considerations

    1. 25.Welfare of the child

    2. 26.Decisions inconsistent with section 25

    3. 27.Views of the child

    4. 28.Children's hearing: pre-condition for making certain orders and warrants

    5. 29.Sheriff: pre-condition for making certain orders and warrants

    6. 29A.Duty to consider including contact direction

    7. 30.Children's hearing: duty to consider appointing safeguarder

    8. 31.Sheriff: duty to consider appointing safeguarder

  5. Part 4 Safeguarders

    1. 32.The Safeguarders Panel

    2. 33.Functions of safeguarder

    3. 34.Safeguarders: regulations

  6. Part 5 Child assessment and child protection orders

    1. Child assessment orders

      1. 35.Child assessment orders

      2. 36.Consideration by sheriff

    2. Child protection orders

      1. 37.Child protection orders

    3. Consideration of application by sheriff

      1. 38.Consideration by sheriff: application by local authority only

      2. 39.Consideration by sheriff: application by local authority or other person

    4. Ancillary measures

      1. 40.Information non-disclosure directions

      2. 41.Contact directions

      3. 42.Parental responsibilities and rights directions

    5. Notice of order

      1. 43.Notice of child protection order

    6. Obligations of local authority

      1. 44.Obligations of local authority

    7. Review by children's hearing of certain orders

      1. 45.Review by children's hearing where child in place of safety

      2. 46.Review by children's hearing where order prevents removal of child

    8. Decision of children's hearing

      1. 47.Decision of children's hearing

    9. Variation or termination of order by sheriff

      1. 48.Application for variation or termination

      2. 49.Notice of application for variation or termination

      3. 50.Children's hearing to provide advice to sheriff in relation to application

      4. 51.Determination by sheriff

    10. Termination of order

      1. 52.Automatic termination of order

      2. 53.Power of Principal Reporter to terminate order

      3. 54.Termination of order after maximum of 8 working days

    11. Other emergency measures

      1. 55.Application to justice of the peace

      2. 56.Constable's power to remove child to place of safety

      3. 57.Sections 55 and 56: regulations

    12. Implementation of orders: welfare of child

      1. 58.Implementation of orders: welfare of child

    13. Offences

      1. 59.Offences

  7. Part 6 Investigation and referral to children's hearing

    1. Provision of information to Principal Reporter

      1. 60.Local authority's duty to provide information to Principal Reporter

      2. 61.Constable's duty to provide information to Principal Reporter

      3. 62.Provision of information by court

      4. 63.Provision of evidence from certain criminal cases

      5. 64.Provision of information by other persons

      6. 65.Provision of information by constable: child in place of safety

    2. Investigation and determination by Principal Reporter

      1. 66.Investigation and determination by Principal Reporter

      2. 67.Meaning of “section 67 ground”

      3. 68.Determination under section 66: no referral to children's hearing

      4. 69.Determination under section 66: referral to children's hearing

      5. 70.Requirement under Antisocial Behaviour etc. (Scotland) Act 2004

      6. 71.Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995

      7. 72.Child in place of safety: Principal Reporter's powers

  8. Part 7 Attendance at children's hearing

    1. 73.Child's duty to attend children's hearing

    2. 74.Relevant person's duty to attend children's hearing

    3. 75.Power to proceed in absence of relevant person

    4. 76.Power to exclude relevant person from children's hearing

    5. 77.Power to exclude relevant person's representative from children's hearing

    6. 78.Rights of certain persons to attend children's hearing

  9. Part 8 Pre-hearing panel

    1. 79.Referral of certain matters for pre-hearing determination

    2. 80.Determination of matter referred under section 79

    3. 81.Determination of claim that person be deemed a relevant person

    4. 81A.Determination that deeming of person as relevant person to end

    5. 81B.Determination of claim that opportunity to participate not afforded

    6. 82.Appointment of safeguarder

  10. Part 9 Children's hearing

    1. Key definitions

      1. 83.Meaning of “compulsory supervision order”

      2. 84.Meaning of “movement restriction condition”

      3. 85.Meaning of “secure accommodation authorisation”

      4. 86.Meaning of “interim compulsory supervision order”

      5. 87.Meaning of “medical examination order”

      6. 88.Meaning of “warrant to secure attendance”

    2. Statement of grounds

      1. 89.Principal Reporter's duty to prepare statement of grounds

    3. Grounds hearing

      1. 90.Grounds to be put to child and relevant person

      2. 91.Grounds accepted: powers of grounds hearing

      3. 92.Powers of grounds hearing on deferral

      4. 93.Grounds not accepted: application to sheriff or discharge

      5. 94.Child or relevant person unable to understand grounds

      6. 95.Child fails to attend grounds hearing

    4. Children's hearing to consider need for further interim order

      1. 96.Children's hearing to consider need for further interim compulsory supervision order

    5. Application of Part where compulsory supervision order in force

      1. 97.Application of Part where compulsory supervision order in force

  11. Part 10 Proceedings before sheriff

    1. Application for extension or variation of interim compulsory supervision order

      1. 98.Application for extension or variation of interim compulsory supervision order

      2. 99.Further extension or variation of interim compulsory supervision order

    2. Power to make interim compulsory supervision order

      1. 100.Sheriff's power to make interim compulsory supervision order

    3. Application to establish grounds

      1. 101.Hearing of application

      2. 102.Jurisdiction and standard of proof: offence ground

      3. 103.Child's duty to attend hearing unless excused

      4. 104.Child and relevant person: representation at hearing

    4. Ground accepted before application determined

      1. 105.Application by virtue of section 93: ground accepted before determination

      2. 106.Application by virtue of section 94: ground accepted by relevant person before determination

    5. Withdrawal of application: termination of orders etc.

      1. 107.Withdrawal of application: termination of orders etc. by Principal Reporter

    6. Determination of application

      1. 108.Determination: ground established

      2. 109.Determination: power to make interim compulsory supervision order etc.

    7. Review of sheriff's determination

      1. 110.Application for review of grounds determination

      2. 111.Sheriff: review or dismissal of application

      3. 112.Child's duty to attend review hearing unless excused

      4. 113.Child and relevant person: representation at review hearing

      5. 114.Sheriff's powers on review of grounds determination

      6. 115.Recall: power to refer other grounds

      7. 116.Recall: powers where no grounds accepted or established

      8. 117.New section 67 ground established: sheriff to refer to children's hearing

    8. Application of Part where compulsory supervision order in force

      1. 118.Application of Part where compulsory supervision order in force

  12. Part 11 Subsequent children's hearings

    1. 119.Children's hearing following deferral or proceedings under Part 10

    2. 120.Powers of children's hearing on deferral under section 119

  13. Part 12 Children's hearings: general

    1. Views of child

      1. 121.Confirmation that child given opportunity to express views before hearing

    2. Children's advocacy services

      1. 122.Children's advocacy services

    3. Warrants to secure attendance

      1. 123.General power to grant warrant to secure attendance

    4. Child's age

      1. 124.Requirement to establish child's age

    5. Compulsory supervision orders: review

      1. 125.Compulsory supervision order: requirement to review

    6. Contact orders and permanence orders

      1. 126.Review of contact direction

    7. Referral where failure to provide education for excluded pupil

      1. 127.Referral where failure to provide education for excluded pupil

    8. Parenting order

      1. 128.Duty to consider applying for parenting order

  14. Part 13 Review of compulsory supervision order

    1. Requirement for review

      1. 129.Requirement under Antisocial Behaviour etc. (Scotland) Act 2004

      2. 130.Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995

      3. 131.Duty of implementation authority to require review

      4. 132.Right to require review: child, relevant person and person afforded opportunity to participate

      5. 132A.Right of person not afforded opportunity to participate to require review

      6. 133.Principal Reporter's duty to initiate review

      7. 134.Duty to initiate review if child to be taken out of Scotland

      8. 135.Duty to initiate review: secure accommodation authorisation

      9. 136.Duty to initiate review where child transferred

    2. Functions of Principal Reporter and children's hearing

      1. 137.Duty to arrange children's hearing

      2. 138.Powers of children's hearing on review

      3. 139.Powers of children's hearing on deferral under section 138

      4. 140.Interim variation of compulsory supervision order

      5. 141.Preparation of report in circumstances relating to permanence order or adoption

    3. Review of relevant person determination

      1. 142.Review of determination that person be deemed a relevant person

  15. Part 14 Implementation of orders

    1. Power to transfer child in cases of urgent necessity

      1. 143.Transfers in cases of urgent necessity

    2. Implementation of compulsory supervision order

      1. 144.Implementation of compulsory supervision order: general duties of implementation authority

      2. 145.Duty where order requires child to reside in certain place

      3. 146.Breach of duties imposed by sections 144 and 145

      4. 147.Application for order

      5. 148.Order for enforcement

    3. Compulsory supervision orders etc.: further provision

      1. 149.Compulsory supervision orders etc.: further provision

    4. Movement restriction conditions: regulations etc.

      1. 150.Movement restriction conditions: regulations etc.

    5. Secure accommodation

      1. 151.Implementation of secure accommodation authorisation

      2. 152.Secure accommodation: placement in other circumstances

      3. 153.Secure accommodation: regulations

  16. Part 15 Appeals

    1. Appeal against decision of children's hearing

      1. 154.Appeal to sheriff against decision of children's hearing

      2. 155.Procedure

      3. 156.Determination of appeal

      4. 157.Time limit for disposal of appeal against certain decisions

    2. Compulsory supervision order: suspension pending appeal

      1. 158.Compulsory supervision order: suspension pending appeal

    3. Frivolous and vexatious appeals

      1. 159.Frivolous and vexatious appeals

    4. Other appeals

      1. 160.Appeal to sheriff against relevant person determination

      2. 161.Appeal to sheriff against decision affecting contact or permanence order

      3. 162.Appeal to sheriff against decision to implement secure accommodation authorisation

    5. Appeals to sheriff principal and Court of Session

      1. 163.Appeals to sheriff principal and Court of Session: children's hearings etc.

      2. 164.Appeals to sheriff principal and Court of Session: relevant persons

      3. 165.Appeals to sheriff principal and Court of Session: contact and permanence orders

    6. Requirement imposed on local authority: review and appeal

      1. 166.Review of requirement imposed on local authority

      2. 167.Appeals to sheriff principal: section 166

  17. Part 16 Enforcement of orders

    1. 168.Enforcement of orders

    2. 169.Child absconding from place

    3. 170.Child absconding from person

    4. 171.Offences related to absconding

  18. Part 17 Proceedings under Part 10: evidence

    1. 172.Use of evidence obtained from prosecutor

    2. 173.Cases involving sexual behaviour: evidence

    3. 174.Cases involving sexual behaviour: taking of evidence by commissioner

    4. 175.Sections 173 and 174: application to sheriff for order as to evidence

    5. 176.Amendment of Vulnerable Witnesses (Scotland) Act 2004

  19. Part 18 Miscellaneous

    1. Children's hearings: procedural rules

      1. 177.Children's hearings: procedural rules

    2. Disclosure of information

      1. 178.Children's hearing: disclosure of information

      2. 179.Sharing of information: prosecution

      3. 179A.Request for information by person affected by child's offence or behaviour

      4. 179B.Information to which section 179A applies

      5. 179C.Decision by Principal Reporter following request under section 179A

      6. 180.Sharing of information: panel members

    3. Implementation of compulsory supervision orders: annual report

      1. 181.Implementation of compulsory supervision orders: annual report

    4. Publishing restrictions

      1. 182.Publishing restrictions

    5. Mutual assistance

      1. 183.Mutual assistance

      2. 184.Enforcement of obligations on health board under section 183

    6. Proceedings before sheriff under Act

      1. 185.Amendment of section 32 of Sheriff Courts (Scotland) Act 1971

    7. Consent of child to medical examination or treatment

      1. 186.Consent of child to medical examination or treatment

    8. Rehabilitation of offenders

      1. 187.Rehabilitation of Offenders Act 1974: treatment of certain disposals by children's hearings

    9. Criminal record certificates

      1. 188.Criminal record certificates

    10. Places of safety

      1. 189.Places of safety: restrictions on use of police stations

    11. Orders made outwith Scotland

      1. 190.Effect of orders made outwith Scotland

  20. Part 19 Legal aid and advice

    1. 191.Legal aid and advice

    2. 192.Power to make regulations about contracts for provision of children's legal aid

  21. Part 20 General

    1. Formal communications

      1. 193.Formal communications

    2. Forms

      1. 194.Forms

    3. Subordinate legislation

      1. 195.Subordinate legislation

      2. 196.Negative procedure

      3. 197.Affirmative procedure

      4. 198.Super-affirmative procedure

    4. Interpretation

      1. 199.Meaning of “child”

      2. 200.Meaning of “relevant person”

      3. 201.Meaning of “relevant local authority”

      4. 202.Interpretation

    5. General

      1. 203.Consequential amendments and repeals

      2. 204.Ancillary provision

      3. 205.Transitional provision etc.

      4. 206.Short title and commencement

    1. SCHEDULE 1

      Children's Hearings Scotland

      1. Status

        1. 1.(1) CHS— (a) is not a servant or agent of...

      2. Membership

        1. 2.(1) The members of CHS are to be appointed by...

      3. Persons disqualified from membership

        1. 3.A person is disqualified from appointment, and from holding office,...

      4. Resignation of members

        1. 4.A member of CHS may resign office by giving notice...

      5. Removal of members

        1. 5.(1) The Scottish Ministers may revoke the appointment of a...

      6. Remuneration, allowances etc.

        1. 6.(1) CHS must pay to its members—

      7. Chairing meetings

        1. 7.(1) The Scottish Ministers must appoint one of the members...

      8. The National Convener

        1. 8.(1) CHS is, with the approval of the Scottish Ministers,...

      9. Supplementary powers of National Convener

        1. 9.The National Convener may do anything that the National Convener...

      10. Delegation of National Convener's functions

        1. 10.(1) The functions of the National Convener conferred by virtue...

      11. Staff

        1. 11.(1) CHS may employ any staff necessary to ensure the...

      12. Area support teams: establishment and membership

        1. 12.(1) The National Convener must establish and maintain a committee...

      13. Transfer of members from CPACs

        1. 13.(1) This paragraph applies where (a) the National Convener establishes...

      14. Area support teams: functions

        1. 14.(1) An area support team is to carry out for...

      15. Committees

        1. 15.(1) CHS may establish committees. (2) The members of committees...

      16. CHS's supplementary powers

        1. 16.(1) CHS may do anything that it considers appropriate for...

      17. Procedure

        1. 17.(1) CHS may determine— (a) its own procedure (including quorum),...

      18. Delegation of CHS's functions

        1. 18.(1) Any function of CHS (whether conferred by virtue of...

      19. Financial interests

        1. 19.(1) The Scottish Ministers must from time to time satisfy...

      20. Grants

        1. 20.(1) The Scottish Ministers may make grants to CHS of...

      21. Accounts

        1. 21.(1) CHS must— (a) keep proper accounts and accounting records,...

      22. Provision of accounts and other information to Scottish Ministers

        1. 22.(1) The Scottish Ministers may direct CHS to give them...

      23. CHS's annual report

        1. 23.(1) CHS must, as soon as is reasonably practicable after...

      24. National Convener's annual report

        1. 24.(1) The National Convener must, as soon as is reasonably...

      25. Validity of proceedings and actions

        1. 25.The validity of proceedings or actions of CHS (including proceedings...

    2. SCHEDULE 2

      The Children's Panel

      1. Recruitment and tenure of panel members

        1. 1.(1) The National Convener may make arrangements for the recruitment...

      2. List of panel members

        1. 2.(1) The National Convener must publish a list setting out...

      3. Training

        1. 3.(1) The National Convener may train, or make arrangements for...

      4. Allowances

        1. 4.(1) The National Convener may, with the approval of the...

    3. SCHEDULE 3

      The Scottish Children's Reporter Administration

      1. Status

        1. 1.(1) SCRA— (a) is not a servant or agent of...

      2. Membership

        1. 2.(1) The members of SCRA are to be appointed by...

      3. Persons disqualified from membership

        1. 3.A person is disqualified from appointment, and from holding office,...

      4. Resignation of members

        1. 4.A member of SCRA may resign office by giving notice...

      5. Removal of members

        1. 5.(1) The Scottish Ministers may revoke the appointment of a...

      6. Remuneration, allowances etc.

        1. 6.(1) SCRA must pay to its members—

      7. Chairing meetings

        1. 7.(1) The Scottish Ministers must appoint one of the members...

      8. The Principal Reporter

        1. 8.(1) The Principal Reporter is to be appointed by SCRA...

      9. Supplementary powers of Principal Reporter

        1. 9.The Principal Reporter may do anything that the Principal Reporter...

      10. Delegation of Principal Reporter's functions

        1. 10.(1) The functions of the Principal Reporter conferred by virtue...

      11. Staff

        1. 11.(1) SCRA may employ any staff necessary to ensure the...

      12. Appeals against dismissal

        1. 12.(1) A person employed by SCRA who is of a...

      13. Committees

        1. 13.(1) SCRA may establish committees. (2) The members of committees...

      14. SCRA's supplementary powers

        1. 14.(1) SCRA may do anything that it considers appropriate for...

      15. Procedure

        1. 15.SCRA may determine— (a) its own procedure (including quorum), and...

      16. Delegation of SCRA's functions

        1. 16.(1) Any function of SCRA (whether conferred by virtue of...

      17. Financial interests

        1. 17.(1) The Scottish Ministers must from time to time satisfy...

      18. Grants

        1. 18.(1) The Scottish Ministers may make grants to SCRA of...

      19. Accounts

        1. 19.(1) SCRA must— (a) keep proper accounts and accounting records,...

      20. Provision of accounts and other information to Scottish Ministers

        1. 20.(1) The Scottish Ministers may direct SCRA to give them...

      21. SCRA's annual report

        1. 21.(1) SCRA must, as soon as is reasonably practicable after...

      22. Principal Reporter's annual report

        1. 22.(1) The Principal Reporter must, as soon as is reasonably...

      23. Validity of proceedings and actions

        1. 23.The validity of proceedings or actions of SCRA (including proceedings...

    4. SCHEDULE 4

      Transfer of staff and property to CHS

      1. Interpretation

        1. 1.In this schedule— “recognised” has the meaning given by section...

      2. Staff transfer orders

        1. 2.(1) The Scottish Ministers may by order (a “staff transfer...

      3. Schemes for transfer of staff: consultation

        1. 3.(1) Sub-paragraph (2) applies where a staff transfer order includes...

      4. Effect on existing contracts of employment

        1. 4.(1) This paragraph applies where— (a) a person is to...

      5. Transfer of property etc. to CHS

        1. 5.(1) The Scottish Ministers may make a transfer scheme.

    5. SCHEDULE 5

      Minor and consequential amendments

      1. Legal Aid (Scotland) Act 1986 (c.47)

        1. 1.(1) The Legal Aid (Scotland) Act 1986 is amended as...

      2. Children (Scotland) Act 1995 (c.36)

        1. 2.(1) The Children (Scotland) Act 1995 is amended as follows....

      3. Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

        1. 3.In section 12 of the Antisocial Behaviour etc. (Scotland) Act...

    6. SCHEDULE 6

      Repeals

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