COMMENTED by
Children's Hearings (Scotland) Rules 1996 (Note)

Children's Hearings (Scotland) Rules 1996

STATUTORY INSTRUMENTS

1996 No. 3261 (S.251)

CHILDREN AND YOUNG PERSONS

Children's Hearings (Scotland) Rules 1996

Made 18th December 1996

Laid before Parliament 31st December 1996

Coming into force 1st April 1997

ARRANGEMENT OF RULES

PART I

INTERPRETATION, ETC

1. - Citation and commencement.

2. - Interpretation.

PART II

ARRANGEMENT AND CONSTITUTION OF CHILDREN'S HEARINGS

3. - Recording and transmission of information at beginning of case.

4. - Business meeting preparatory to constitution of children's hearing.

5. - Notification of children's hearing and provision of documents to chairman, members, relevant persons etc.

6. - Notification of children's hearings to children.

7. - Notification of children's hearings to relevant persons and certain parents with right to attend.

8. - Notification of children's hearing to chief social work officer.

9. - Withholding of information where disclosure may result in serious harm.

10. - Constitution of children's hearing and functions of chairman of children's hearing.

PART III

GENERAL PROVISIONS AS TO CHILDREN'S HEARINGS

11. - Representation of children and relevant persons at children's hearings.

12. - General right of attendance at hearings of certain parents of the child (not relevant persons) and specific limited rights of duly authorised officials etc.

13. - Persons who may attend children's hearings at chairman's discretion.

14. - Safeguarders.

15. - Views of the child.

PART IV

CHILDREN'S HEARINGS ON REFERRAL AND AT REVIEW OF SUPERVISION REQUIREMENTS, ETC

16. - Application of Part IV.

17. - Statement of grounds of referral.

18. - Notification of statement of grounds of referral.

19. - Notification of application to sheriff for finding as to grounds of referral.

20. - Conduct of children's hearing considering case on referral or at review of supervision requirement.

21. - Notification of decision, etc on referral or at review of supervision requirement.

PART V

REFERENCE FOR ADVICE AND SUSPENSION OF SUPERVISION REQUIREMENTS

22. - Conduct of children's hearing on reference for advice by court or local authority.

23. - Application for suspension of supervision requirements pending hearing of appeals.

PART VI

FORMS, MISCELLANEOUS AND SUPPLEMENTAL

24. - Social background report where child in a place of safety.

25. - Form of supervision requirement.

26. - Procedure relating to warrants, and to requirements under section 69(3) of the Act.

27. - Forms of warrants for finding and keeping a child in a place of safety.

28. - Miscellaneous Forms.

29. - Authentication of documents.

30. - Service of notification and other documents.

31. - Reports of proceedings of children's hearings.

32. - Travelling and subsistence expenses.

33. - Notification of 16th birthday of child subject to supervision requirement.

The Secretary of State, in exercise of the powers conferred on him by section 42(1) of the Children (Scotland) Act 1995[1], and of all other powers enabling him in that behalf, hereby makes the following Rules:

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[2];

"the 1994 Act" means the Local Government etc. (Scotland) Act 1994[3];

"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995[4];

"the 1996 Regulations" means the Secure Accommodation (Scotland) Regulations 19...

If you are already a vLex customer, Access Here