Children (Scotland) Act 1995

Safeguards for children

41 Safeguarding child’s interests in proceedings

(1) Subject to subsection (2) below, in any proceedings under this Chapter or Chapter 3 of this Part of this Act either at a children’s hearing or before the sheriff, the hearing or, as the case may be, the sheriff—

(a) shall consider if it is necessary to appoint a person to safeguard the interests of the child in the proceedings; and

(b) if they, or he, so consider, shall make such an appointment, on such terms and conditions as appear appropriate.

(2) Subsection (1) above shall not apply in relation to proceedings under section 57 of this Act.

(3) Where a children’s hearing make an appointment under subsection (1)(b) above, they shall state the reasons for their decision to make that appointment.

(4) The expenses of a person appointed under subsection (1) above shall—

(a) in so far as reasonably incurred by him in safeguarding the interests of the child in the proceedings, and

(b) except in so far as otherwise defrayed in terms of regulations made under section 101 of this Act,

be borne by the local authority—

(i) for whose area the children’s panel from which the relevant children’s hearing has been constituted is formed;

(ii) where there is no relevant children’s hearing, within whose area the child resides.

(5) For the purposes of subsection (4) above, “relevant children’s hearing” means, in the case of proceedings—

(a) at before a children’s hearing, that hearing;

(b) under section 68 of this Act, the children’s hearing who have directed the application;

(c) on an appeal under section 51 of this Act, the children’s hearing whose decision is being appealed against.