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

Requirements where section 126 (review of contact direction) of the Act applies

81.—(1) This rule applies where—

(a) section 69(2) or (3) of the Act applies;

(b) Parts 9 to 11 or 13 of the Act apply;

(c) following receipt of a notice under section 43 of the Act of the making of a child protection order the Reporter is required to arrange a children’s hearing under section 69(2) of the Act which is to be held no later than—

(i) where the order contains an authorisation of the type mentioned in section 37(2)(b) of the Act, the end of the period of 8 working days beginning on the day the child was removed to a place of safety; or

(ii) where the order does not contain such an authorisation, the end of the period of 8 working days beginning on the day the order was made.

(2) Where this rule applies and a children’s hearing is to be held in relation to a child the Reporter must notify the persons mentioned in paragraph (3) that a children’s hearing is to be held in relation to a child, on the date to be specified in the notification, and, when issuing that notification, also give those persons the information mentioned in paragraphs (4) and (5).

(3) Those persons are—

(a) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(b) any individual who has a contact order regulating contact between the individual and the child;

(c) any individual who has a permanence order which specifies arrangements for contact between the individual and the child.

(4) That information is confirmation that, where a children’s hearing—

(a) makes, continues or varies a compulsory supervision order; or

(b) makes an interim compulsory supervision order, interim variation of a compulsory supervision order or a medical examination order which is to have effect for more than 5 working days,

and the order contains (or is varied so as to contain) a contact direction, the Reporter must arrange a children’s hearing under section 126 of the Act for the purposes of reviewing the contact direction if—

(i) a contact order or permanence order mentioned in section 126(3) of the Act is in force; or

(ii) the Reporter is requested to arrange a hearing by an individual who claims to have or recently have had significant involvement in the upbringing of the child.

(5) That information is confirmation that, where a children’s hearing is arranged under section 126 of the Act, they will have the right to attend.