Children (Scotland) Act 1995

Qualifications, employment and duties of reporters S

40 Qualification and employment of reporters. S

(1) The qualifications of a reporter shall be such as the Secretary of State may prescribe.

(2) A reporter shall not, without the consent of the Scottish Children’s Reporter Administration, be employed by a local authority.

(3) The Secretary of State may make regulations in relation to the functions of any reporter under this Act and the M1 Criminal Procedure (Scotland) Act 1975.

(4) The Secretary of State F1 . . . may—

(a) by regulations empower a reporter, whether or not he is an advocate or solicitor, to conduct before a sheriff any proceedings which under this Chapter or Chapter 3 of this Part of this Act are heard by the sheriff;

(b) prescribe such requirements as they think fit as to qualifications, training or experience necessary for a reporter to be so empowered.

(5) In this section, “reporter” means—

(a) the Principal Reporter; or

(b) any officer of the Scottish Children’s Reporter Administration to whom there is delegated, under section 131(1) of the M2 Local Government etc. (Scotland) Act 1994, any of the functions which the Principal Reporter has under this or any other enactment.

Textual Amendments

F1 Words in s. 40(4) repealed (20.5.1999 by virtue of 1998 c. 46, art. 2(2), 44(1)(c), Sch. 4; S.I. 1998/3178, art. 2, Sch. 4) by S.I. 1999/1042, arts. 1(2)(b), 4, Sch. 2 Pt. I para. 10, Pt. III

Commencement Information

I1 S. 40 wholly in force at 1.4.1997; s. 40 not in force at Royal Assent see s. 105(1); s. 40 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 40 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

Marginal Citations

M1 1975 c.21.

M2 1994 c.39.