Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.
Chapter 2 Children’s Hearings
Safeguards for children
41 Safeguarding child’s interests in proceedings.
C11
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.