97.—(1) The persons mentioned in paragraph (2) may make a claim, to the relevant local authority for the child, in respect of that person's attendance at a pre-hearing panel or children's hearing.
(2) Those persons are—
(a)the child;
(b)any relevant person;
[F1(ba)any person who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;]
(c)any person representing [F2a person mentioned in sub-paragraph (a), (b) or (ba)];
(d)any interpreter acting on behalf of [F3a person mentioned in sub-paragraph (a), (b) or (ba)];
[F4(da)any individual who claimed to qualify to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;]
(e)any individual who claimed to have or recently have had significant involvement in the upbringing of the child;
(f)any individual who has a contact order regulating contact between the individual and the child;
(g)any individual who has a permanence order which specifies arrangements for contact between the individual and the child.
(3) Where a claim is made to the relevant local authority for the child under paragraph (1) the local authority must pay to the claimant travelling expenses and such other expenses and subsistence as have, in the opinion of the local authority, been reasonably incurred by the claimant.
(4) This rule does not apply to a solicitor or counsel representing [F5a person mentioned in paragraph (2)(a), (b) or (ba)] at a pre-hearing panel or children's hearing.
Textual Amendments
F1Rule 97(2)(ba) 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(29)(a)(i)
F2Words in rule 97(2)(c) substituted (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(29)(a)(ii)
F3Words in rule 97(2)(d) substituted (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(29)(a)(iii)
F4Rule 97(2)(da) 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(29)(a)(iv)
F5Words in rule 97(4) substituted (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(29)(b)
98.—(1) Any order, warrant to secure the attendance of a child, notice, report, record or other writing required to be made, granted, given or kept by the children's hearing or pre-hearing panel or chairing member of that hearing under or by virtue of these Rules is sufficiently authenticated if it is signed by the chairing member of the relevant children's hearing or pre-hearing panel.
(2) Any document or notice authorised or required by these Rules to be kept or given by the Reporter is sufficiently authenticated if it is signed by the Reporter.
(3) Any copy of a document to be given to any person by the Reporter may be certified a true copy by the Reporter.
[F6(4) For the purposes of this rule—
“signed” includes signed by means of an electronic signature,
“electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document.]
Textual Amendments
F6Rule 98(4) 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(30)
Modifications etc. (not altering text)
C1Rule 98(1) expiry of earlier affecting provision 2020 asp 7, sch. 3 para. 9(2) (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)
99. Section 193 (formal communications) of the Act applies to these Rules and any type of communication made or given under these Rules is also a formal communication and section 193(2) to (4) applies to them.
100. Any notice or other document authorised or required under these Rules to be given by the Reporter to any person may be given by the Reporter or by any police constable.
101.—(1) In this rule—
“the 2024 Act” means the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024,
“compatibility question” has the meaning given by section 31 (1) of the 2024 Act,
“person” means—
the child,
a relevant person,
a safeguarder,
an individual afforded the opportunity to participate under rule 2A.
“relevant authority” means—
the Lord Advocate,
the Commissioner for Children and Young People in Scotland,
the Scottish Commission for Human Rights.
(2) This rule applies to—
(a)raising a compatibility question,
(b)intimation of a compatibility question to a relevant authority under section 34 (1) of the 2024 Act,
(c)notice by a relevant authority of their intention to intervene in proceedings under section 34 (2) of that Act.
(3) A compatibility question may be raised orally or in writing by a person at any stage in proceedings.
(4) A person raising a compatibility question must, so far as they are able to do so, set out the facts and circumstances and contentions of law on the basis of which it is alleged the compatibility question arises.
(5) On receiving a compatibility question under paragraph (3), the children’s hearing must—
(a)if it considers that the claim does not set out in sufficient detail the basis on which a compatibility question arises, direct the person to set out the facts and circumstances and contentions of law on the basis of which it is alleged the compatibility question arises within such period as the children’s hearing may determine,
(b)determine whether it considers that the claim is frivolous or vexatious in accordance with section 31 (3) of the 2024 Act,
(c)if satisfied as to the basis of the compatibility question, direct the Reporter to intimate under section 34 (1) of the 2024 Act, as soon as reasonably practicable in writing to the relevant authority the matters specified in paragraph (6).
(6) The matters to be intimated to the relevant authority are—
(a)the fact that a compatibility question has arisen in proceedings before the children’s hearing,
(b)the details of the matters raised in proceedings and all documents relevant to the consideration of the compatibility question,
(c)the details of the compatibility question, and if known at the time of intimation, the position of each party to proceedings in respect of the compatibility question,
(d)that to take part as a party to the proceedings the relevant authority must—
(i)give notice to the Reporter of their intention to do so within 14 days of receipt of the intimation or within such other period as the children’s hearing may specify, where the children’s hearing considers it appropriate,
(ii)within 7 days after the date of giving such notice, provide written submissions to the Reporter in respect of the compatibility question in such form and in accordance with such intimation requirements on other parties to proceedings (including any other relevant authorities) as the children’s hearing may specify.
(7) The children’s hearing must, if those submissions under paragraph (6)(d)(ii) are provided, in addition to intimation of the matters specified in paragraph (6), take any other appropriate steps to facilitate the relevant authority’s participation as a party to proceedings so far as the proceedings relate to a compatibility question.]
Textual Amendments