Arranging pre-hearing panels to determine matter in section 79(3) (referral of certain matters for pre-hearing determination) of the ActS
46.—(1) Where a pre-hearing panel is to be arranged by virtue only of section 79(2)(c) of the Act wherever practicable at least 5 days before the intended date of the pre-hearing panel the Reporter must give notice of the pre-hearing panel to the persons mentioned in paragraph (2).
(2) Those persons are—
(a)the child;
(b)each relevant person;
(c)any appointed safeguarder;
(d)[F1the three members] [F1the members] of the pre-hearing panel;
(e)the National Convener.
(3) The notice must inform—
(a)the persons mentioned in paragraph (2) of the date, time and place of the pre-hearing panel;
(b)the persons mentioned in paragraph (2)(a) to (d) of the matters to be determined by the pre-hearing panel; and
(c)the persons mentioned in paragraph (2)(a) to (c) that they—
(i)have the right to attend the pre-hearing panel;
(ii)may make representations (orally or in writing) to the pre-hearing panel;
(iii)may give any report or other document for the consideration of the pre-hearing panel;
(iv)have the right to request that the Reporter takes all reasonable steps to enable the child and each relevant person to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication.
Textual Amendments
F1Words in rule 46(2)(d) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 1(9) (with ss. 11-13) (which affecting provision expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2))