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Scottish Statutory Instruments

2013 No. 98 (C. 7)

Children And Young Persons

The Children’s Hearings (Scotland) Act 2011 (Commencement No. 7) Order 2013

Made

14th March 2013

Laid before the Scottish Parliament

18th March 2013

Coming into force

31st March 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by section 206(2) of the Children’s Hearings (Scotland) Act 2011(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Children’s Hearings (Scotland) Act 2011 (Commencement No. 7) Order 2013 and comes into force on 31st March 2013.

(2) In this Order “the Act” means the Children’s Hearings (Scotland) Act 2011.

Appointed day

2.—(1) 31st March 2013 is the appointed day for the coming into force of the provisions of the Act specified in column 1 of the Schedule.

(2) The subject matter of each provision of the Act specified in column 1 is listed in column 2 of the Schedule.

(3) Where a particular purpose is specified in column 3 of the Schedule, in relation to a provision, that provision only comes into force for the purpose specified in that column.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th March 2013

Article 2

SCHEDULEProvisions of the Act coming into force

Column 1

Provision of the Act

Column 2

Subject matter

Column 3

Purpose

Section 3Further provision about National Convener and Children’s Hearings ScotlandOnly in relation to paragraphs 10(2)(b), 10(4), 10(5) and 10(7) to (9), 12(4) to (6), 14(1) and (3) to (5) and 17(2) of schedule 1 to the Act
Section 4The Children’s PanelOnly in relation to paragraphs 1(2) to (6) and 3 of schedule 2 to the Act
Section 6Selection of members of children’s hearing
Schedule 1, paragraphs 10(2)(b), 10(4), 10(5) and 10(7) to (9), 12(4) to (6), 14(1) and (3) to (5) and 17(2)Delegation of National Convener’s functions; area support teams: establishment and membership; area support teams: functions; procedure
Schedule 2, paragraphs 1(2) to (6) and 3Recruitment and tenure of panel members; training

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 31st March 2013 certain provisions of the Children’s Hearings (Scotland) Act 2011 (“the Act”).

The commencement of these provisions will enable the National Convener to select members of children’s hearings, to delegate functions, to appoint members of area support teams and the Children’s Panel and to provide training to panel members and potential panel members. Provisions of the Act which allow area support teams to establish sub-committees and determine its procedure and which make provision in relation to the conferral of functions on and delegation of functions to area support teams are also commenced.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The Children’s Hearings (Scotland) Act 2011 received Royal Assent on 6th January 2011 and Part 20 (other than section 203) came into force on that day. The provisions of the Act commenced by earlier commencement orders are detailed in the table below.

Provision

Date of Commencement

S.S.I. No.

Section 1 and schedule 1, paragraph 8(7)19th January 20112011/8
Sections 2, 3 (partially), 10, 11, 12, 13 and schedule 1, paragraphs 1 to 7, 8(1) to (6) and (8) to (10), 9, 11, 15(1) to (5), 16, 17(1) and 18 to 2518th April 20112011/111
Section 191 (partially)31st January 2012 and 26th March 20122012/1
Section 203(1) (partially) and schedule 5, paragraph 1(8)(a) and (b)31st January 20122012/1
Section 3213th February 20122012/23
Section 3 (partially), section 4 (partially), schedule 1, paragraphs 10(1), 10(3) and 10(6), 12(1) to (3) and (7), 13(1) to (4) and (7) and 14(2) and (6) to (8) and schedule 2, paragraphs 1(1) and 419th September 20122012/246
Paragraph 10(2)(a) of schedule 119th September 20122012/252