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

[F1Arranging pre-hearing panels to determine whether deeming of relevant person to endS

This section has no associated Policy Notes

46A.—(1) Where a pre-hearing panel is to be arranged by virtue of section 79(5A), but not by virtue of section 79(2)(a) or (b), of the Act (whether or not it is also to determine any matter mentioned in section [F279(2)(ba) or (bb) or (3)]), 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)[F3the three members] [F3the 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) that the pre-hearing panel is to determine whether an individual deemed to be a relevant person by virtue of section 81 of the Act should continue to be deemed to be a relevant person in relation to the child and the name of that individual; 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 relating to whether the individual whose status as a relevant person has been referred under section 79(5A) should continue to be deemed to be a relevant person;

(iii)may give any report or other document relevant to that matter 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.

(4) Where [F4the pre-hearing panel] will also determine any matter referred under section 79(2)(c) the notice must state that fact and—

(a)inform the individual whose status as a relevant person has been referred under section 79(5A) that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(c) unless that individual continues to be deemed a relevant person; and

(b)inform the persons mentioned in paragraph (2)(a) to (c) that, subject to sub-paragraph (a), they may—

(i)make representations (orally or in writing) to the pre-hearing panel in relation to any matter to be determined by the panel; and

(ii)give any report or other document relevant to those matters for the consideration of the pre-hearing panel.]

[F5(5) Where the pre-hearing panel will also determine in respect of a person a matter referred under section 79(2)(ba) or (bb) of the Act, the notice must—

(a)state that fact and the name of the person,

(b)inform the individual whose status as a relevant person has been referred under section 79(5A) of the Act that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(ba) or (bb) of the Act unless the individual continues to be deemed a relevant person,

(c)inform the persons mentioned in paragraph (2)(a) to (c) that, subject to sub-paragraph (b), they may—

(i)make representations (orally or in writing) to the pre-hearing panel in relation to the matter referred under section 79(2)(ba) or (bb) of the Act, and

(ii)give any report or other document relevant to that matter for the consideration of the pre-hearing panel.

(6) Paragraph (7) applies where an individual is both—

(a)a person in respect of whom a matter has been referred to the pre-hearing panel under section 79(2)(ba) or (bb) of the Act, and

(b)a person whose status as a relevant person has been referred to the pre-hearing panel under section 79(5A) of the Act.

(7) The notice—

(a)is not to inform the individual referred to in paragraph (6) of the thing that it would otherwise be required to by virtue of paragraph (5)(b), and

(b)is instead to inform the individual that—

(i)the individual may make representations (orally or in writing) to the pre-hearing panel relating to the matter in respect of the individual that has been referred under section 79(2)(ba) or (bb) of the Act,

(ii)the individual may give any report or other document relevant to that matter for the consideration of the pre-hearing panel,

(iii)if a matter has been referred to the pre-hearing panel under section 79(2)(ba) or (bb) of the Act in respect of another person too, notwithstanding paragraph (5)(c)(i), the individual will not be entitled to take part in any discussion on that matter unless the individual continues to be deemed a relevant person.]

Textual Amendments

F3Words in rule 46A(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))