Children's Hearings (Legal Representation) (Scotland) Rules 2001

JurisdictionScotland
CitationSSI 2001/478
Year2001

2001 No. 478

CHILDREN AND YOUNG PERSONS

The Children’s Hearings (Legal Representation) (Scotland) Rules 2001

Made 20th December 2001

Laid before the Scottish Parliament 21th December 2001

Coming into force 23th February 2002

The Scottish Ministers, in exercise of the powers conferred by sections 42(1) and (2)(j) and 64(3) of the Children (Scotland) Act 19951, and of all other powers enabling them in that behalf, hereby make the following Rules:

S-1 Citation and commencement

Citation and commencement

1. These Rules may be cited as the Children’s Hearings (Legal Representation) (Scotland) Rules 2001 and shall come into force on 23rd February 2002.

S-2 Interpretation

Interpretation

2. In these Rules–

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

“legal representative” means a person appointed under these Rules to act as the legal representative of a child who is the subject of a Children’s Hearing;

“local authority” means the local authority for the area of the Children’s Hearing; and

“the Principal Reporter” means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 19942or any officer of the Scottish Children’s Reporter Administration to whom there is delegated under section 131(1) of that Act any functions of the Principal Reporter.

S-3 Legal representation for the purpose of assisting children at a Children’s Hearing

Legal representation for the purpose of assisting children at a Children’s Hearing

3.—(1) A business meeting arranged by the Principal Reporter under section 64(1) of the Act may appoint to any child who is due to appear before the Children’s Hearing a legal representative if it appears to that business meeting, notwithstanding that an appointment may be made under section 41(1) of the Act, that–

(a)

(a) legal representation is required to allow the child to effectively participate at the Hearing; or

(b)

(b) it may be necessary to make a supervision requirement (or a review of such requirement) which includes a requirement for the child to reside in a named residential establishment and the child is likely to meet the criteria specified in section 70(10) of the Act and the Secure Accommodation (Scotland) Regulations 19963.

(2) The Children’s Hearing may at any time appoint to any child a legal representative if it appears to that Hearing that either of the circumstances in paragraph (1)(a) or (b) above apply notwithstanding that:

(a)

(a) a business meeting or a previous Children’s Hearing has considered the appointment of a legal representative for the child who is the subject...

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