The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013

[F1 Individuals to be afforded opportunity to participate S

2A.— (1) This rule applies only in respect of children’s hearings held, or to be held, by virtue of—

(a) section 69(2) of the Act (determination under section 66: referral to children’s hearing),

(b) Parts 9 to 11 of the Act (children’s hearing; proceedings before sheriff; subsequent children’s hearings), or

(c) Part 13 of the Act (review of compulsory supervision order).

(2) An individual is to be afforded an opportunity to participate in relation to a children’s hearing if the Reporter is satisfied, or a pre-hearing panel or children’s hearing has determined—

(a) that the criteria in paragraph (3) are met by the individual in relation to the children’s hearing, or

(b) in the case of a children’s hearing arranged (wholly or partly) in consequence of a request being made under section 132A of the Act (right of person not afforded opportunity to participate to require review), that subsection (2) of that section applies to the individual.

(3) The criteria referred to in paragraph (2) are—

(a) the individual is living or has lived with the child,

(b) the individual and the child have an ongoing relationship with the character of a relationship between siblings (whether or not they have a parent in common),

(c) the children’s hearing is likely to make a decision significantly affecting contact or the possibility of contact between the individual and the child, and

(d) the individual is capable of forming a view on the matter of contact between the individual and the child.

(4) In considering whether the criteria in paragraph (3) are met, regard is to be had to the views of the child and any relevant person.

(5) These Rules give an individual who is to be afforded an opportunity to participate the rights mentioned in section 79(5ZA) of the Act (referral of certain matters for pre-hearing determination).]

Textual Amendments

F1 Rule 2A 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(2)