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Version Superseded: 26/07/2021
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There are currently no known outstanding effects for the The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013, Section 47.
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47.—(1) Where any person mentioned in rule 45(2)(a) to (e) [F1, 46(2)(a) to (c) or 46A(2)(a) to (c)], as the case may be, wishes to make written representations or give any report or other document for the consideration of the pre-hearing panel, as soon as possible and wherever practicable no later than 4 days before the intended date of the pre-hearing panel, that person must give those representations, report or other document to the Reporter.
(2) Subject to the provisions of paragraphs (6) and (7), where the Reporter receives any representations, report or other document under paragraph (1), wherever practicable no later than 3 days before the intended date for the pre-hearing panel the Reporter must give a copy of that information to the persons mentioned in rule 45(2)(a) to (f) [F2, 46(2)(a) to (d) or 46A(2)(a) to (d)], as the case may be, (unless that person gave the information in question to the Reporter).
(3) Where any person mentioned in rule 45(2)(a) to (e) [F3, 46(2)(a) to (c) or 46A(2)(a) to (c)], as the case may be, is unable to attend the pre-hearing panel and wishes to make oral representations for the consideration of the pre-hearing panel that person may make those representations to the Reporter.
(4) The Reporter must make a record of any representations given under paragraph (3) and give a copy of that record to those persons mentioned in rule 45(2)(a) to (f) [F4, 46(2)(a) to (d) or 46A(2)(a) to (d)], as the case may be, as soon as possible before the beginning of the pre-hearing panel.
(5) As soon as possible before the beginning of the pre-hearing panel the Reporter must also give the persons mentioned in rule 45(2)(a) to (f) [F5, 46(2)(a) to (d) or 46A(2)(a) to (d)], as the case may be, any other document, or part of a document, that is relevant to the issues to be determined by the pre-hearing panel and is in the possession of the Reporter.
(6) Where the matter referred to a pre-hearing panel concerns the question of whether a particular person should be deemed to be a relevant person [F6or continue to be deemed to be a relevant person], the obligation under paragraph (2) shall only apply to such material as the Reporter considers relevant to the question of whether that person should be deemed to be a relevant person [F6or continue to be deemed to be a relevant person].
(7) The provisions of Part 19 of these Rules apply to any representations, report or other document received by the Reporter under paragraph (1) as they apply to any document relating to a children's hearing.
Textual Amendments
F1Words in rule 47(1) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(8)
F2Words in rule 47(2) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(9)
F3Words in rule 47(3) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(8)
F4Words in rule 47(4) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(9)
F5Words in rule 47(5) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(9)
F6Words in rule 47(6) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(10)
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