Children’s Hearings (Scotland) Rules 1996

PART I INTERPRETATION, ETC

Citation and commencement

1.  These Rules may be cited as the Children’s Hearings (Scotland) Rules 1996 and shall come into force on 1st April 1997.

Interpretation

2.—(1) In these Rules, unless the context otherwise requires–

“the Act” means the Children (Scotland) Act 1995;

“the 1978 Act” means the Adoption (Scotland) Act 1978(1);

“the 1994 Act” means the Local Government etc. (Scotland) Act 1994(2);

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(3);

“the 1996 Regulations” means the Secure Accommodation (Scotland) Regulations 1996(4);

“chairman” means the chairman of a children’s hearing;

“child” has the meaning given to that term by section 93(2)(b) of the Act;

“child protection order” has the meaning given to that term by section 57 of the Act;

“children’s hearing” means a children’s hearing as defined in section 39(3) of the Act;

“day” means a period of twenty-four hours commencing at midnight;

“enactment” includes any order, regulation or other instrument made under the Act;

“local authority” means the local authority for the area of the children’s hearing;

“relevant person” has the meaning given to that term by section 93(2)(b) of the Act;

“Principal Reporter” has the meaning given to that term by section 93(1) of the Act;

“representative” has the meaning given to that term by rule 11(3) below;

“safeguarder” means a person appointed by a children’s hearing under section 41(1) of the Act for the purpose of safeguarding the interests of the child in the proceedings;

“Scottish Children’s Reporter Administration” has the meaning given to that term by section 128 of the 1994 Act;

“secure accommodation” means accommodation provided in a residential establishment in accordance with the 1996 regulations for the purpose of restricting the liberty of children.

(2) Unless the context otherwise requires, any reference in these Rules to:

(a) a numbered rule or Form shall be construed as a reference to the rule or Form bearing that number in these Rules; and any reference to a specified paragraph or sub-paragraph shall be construed as a reference to that paragraph or sub-paragraph in the rule in which that reference occurs; and

(b) a Form includes a Form substantially to the same effect as that set out in these Rules with such variation as circumstances may require.

(1)

1978 c. 28.

(2)

1994 c. 39.

(3)

1995 c. 46.

(4)

1996 S.I. 3255.