Children's Hearings (Scotland) Act 2011
Children's Hearings (Scotland) Act 2011
2010 asp 1
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th November 2010 and received Royal Assent on 6th January 2011
An Act of the Scottish Parliament to restate and amend the law relating to children's hearings; and for connected purposes.
Part 1
The National Convener and Children's Hearings Scotland
The National Convener and CHS
1 The National Convener
(1) There is to be an officer to be known as the National Convener of Children's Hearings Scotland (referred to in this Act as "the National Convener").
(2) The Scottish Ministers are to appoint a person as the first National Convener.
(3) The Scottish Ministers must take reasonable steps to involve persons who are under 21 years of age in the process for selection of a person for appointment under subsection (2).
(4) The period for which the person is appointed is 5 years.
(5) The terms and conditions on which the person holds and vacates office are to be determined by the Scottish Ministers.
2 Children's Hearings Scotland
There is established a body corporate to be known as Children's Hearings Scotland (referred to in this Act as "CHS").
3 Further provision about National Convener and CHS
Schedule 1 makes further provision about the National Convener and CHS.
The Children's Panel
4 The Children's Panel
(1) The National Convener must appoint persons to be members of a panel to be known as the Children's Panel.
(2) The National Convener must endeavour to ensure that-
(a) the number of persons that the National Convener considers appropriate is appointed, and
(b) the panel includes persons from all local authority areas.
(3) Schedule 2 makes further provision about the Children's Panel.
Children's hearings
5 Children's hearing
A children's hearing consists of three members of the Children's Panel selected in accordance with section 6 for the purpose of carrying out functions conferred on a children's hearing by virtue of this Act or any other enactment.
6 Selection of members of children's hearing
(1) This section applies where a children's hearing requires to be arranged by virtue of, or for the purposes of, this Act or any other enactment.
(2) The members of the children's hearing are to be selected by the National Convener.
(3) The National Convener must ensure that the children's hearing-
(a) includes both male and female members of the Children's Panel, and
(b) so far as practicable, consists only of members of the Children's Panel who live or work in the area of the local authority which is the relevant local authority for the child to whom the hearing relates.
(4) The National Convener may select one of the members of the children's hearing to chair the hearing.
7 Holding of children's hearing
The National Convener must ensure that a children's hearing is held for the purpose of carrying out any function conferred on a children's hearing by virtue of this Act or any other enactment.
8 Provision of advice to children's hearing
(1) The National Convener may provide advice to children's hearings about any matter arising in connection with the functions conferred on children's hearings by virtue of this Act or any other enactment.
(2) The National Convener may in particular provide-
(a) legal advice,
(b) advice about procedural matters,
(c) advice about the consequences of decisions of the children's hearing,
(d) advice about how decisions of children's hearings are implemented.
(3) In this section, "children's hearing" includes pre-hearing panel.
9 Independence of children's hearings
Nothing in this Act authorises the National Convener or the Principal Reporter to direct or guide a children's hearing in carrying out the functions conferred on children's hearings by virtue of this Act or any other enactment.
Power to change National Convener's functions
10 Power to change National Convener's functions
(1) The Scottish Ministers may by order-
(a) confer additional functions on the National Convener,
(b) remove functions from the National Convener,
(c) transfer functions from another person to the National Convener,
(d) transfer functions from the National Convener to another person,
(e) specify the manner in which, or period within which, any function conferred on the National Convener by virtue of this Act is to be carried out.
(2) An order under this section is subject to the super-affirmative procedure (other than an order under subsection (1)(e), which is subject to the affirmative procedure).
Functions of CHS
11 Provision of assistance to National Convener
CHS must-
(a) assist the National Convener in carrying out the functions conferred on the National Convener by virtue of this Act or any other enactment,
(b) facilitate the carrying out of those functions.
12 Independence of National Convener
(1) Nothing in this Act authorises CHS or any other person to direct or guide the National Convener in carrying out the functions conferred on the National Convener by virtue of this Act or any other enactment.
(2) This section is subject to section 10(1)(e).
13 Directions
(1) The Scottish Ministers may give CHS general or specific directions about the carrying out of its functions.
(2) CHS must comply with a direction under subsection (1).
(3) The Scottish Ministers may vary or revoke a direction under subsection (1) by giving a subsequent direction under that subsection.
Part 2
The Principal Reporter and the Scottish Children's Reporter Administration
The Principal Reporter and SCRA
14 The Principal Reporter
There continues to be an officer known as the Principal Reporter.
15 The Scottish Children's Reporter Administration
There continues to be a body corporate known as the Scottish Children's Reporter Administration (in this Act referred to as "SCRA").
16 Further provision about Principal Reporter and SCRA
Schedule 3 makes further provision about the Principal Reporter and SCRA.
The Principal Reporter
17 Duty as respects location of children's hearing
The Principal Reporter must ensure that, so far as practicable, a children's hearing takes place in the area of the relevant local authority for the child to whom the hearing relates.
18 Power to change Principal Reporter's functions
(1) The Scottish Ministers may by order-
(a) confer additional functions on the Principal Reporter,
(b) remove functions from the Principal Reporter,
(c) transfer functions from another person to the Principal Reporter,
(d) transfer functions from the Principal Reporter to another person,
(e) specify the manner in which, or period within which, any function conferred on the Principal Reporter by virtue of this Act or the Criminal Procedure (Scotland) Act 1995 (c.46) is to be carried out.
(2) An order under this section is subject to the super-affirmative procedure (other than an order under subsection (1)(e), which is subject to the affirmative procedure).
19 Rights of audience
(1) The Scottish Ministers may by regulations-
(a) empower the Principal Reporter to conduct proceedings which by virtue of this Act require to be conducted before the sheriff or the sheriff principal,
(b) prescribe qualifications or experience that must be acquired or training that must be undertaken by the Principal Reporter before conducting such proceedings.
(2) References in subsection (1) to the Principal Reporter include references to a person carrying out a function on behalf of the Principal Reporter by virtue of paragraph 10(1) of schedule 3.
Functions of SCRA
20 Assisting Principal Reporter
SCRA must-
(a) assist the Principal Reporter in carrying out the functions conferred on the Principal Reporter by virtue of this Act or any other enactment, and
(b) facilitate the carrying out of those functions.
21 Provision of accommodation for children's hearings
(1) SCRA must provide suitable accommodation and facilities for children's hearings.
(2) Accommodation and facilities must, so far as practicable, be provided in the area of each...
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