The Children's Hearings (Scotland) Act 2011 (Appeals against Dismissal by SCRA) Regulations 2012
| Jurisdiction | Scotland |
2012 No. 337
Children And Young Persons
The Children’s Hearings (Scotland) Act 2011 (Appeals against Dismissal by SCRA) Regulations 2012
Made 6th December 2012
Laid before the Scottish Parliament 10th December 2012
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 195(2) of, and paragraphs 8(8) and 12(1) and (3) of schedule 3 to, the Children’s Hearings (Scotland) Act 20111and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Children’s Hearings (Scotland) Act 2011 (Appeals against Dismissal by SCRA) Regulations 2012 and come into force on the same day as paragraphs 8(8) (the Principal Reporter) and 12(1) and (3) (appeals against dismissal) of schedule 3 (the Scottish Children’s Reporter Administration) to the Act.
Interpretation and formal communications
2.—(1) In these Regulations—
“the Act” means the Children’s Hearings (Scotland) Act 2011;
“Ministers” means the Scottish Ministers;
“Principal Reporter” means the officer referred to in section 14 of the Act; and
“other SCRA employee” means persons specified by regulation 3.
(2) A notice, determination, report or statement required by virtue of these Regulations and any comment, representation, reason, information or any other type of communication made or given in pursuance of these Regulations is to be treated as if they were a formal communication under section 193(1) of the Act and section 193(2) to (4) applies to them.
Specified SCRA employees
3. Persons employed by SCRA who are of the description or class known as Assistant Principal Reporter or Senior Operational Manager are specified for the purposes of entitlement to appeal to Ministers against dismissal by SCRA under paragraph 12(1) of schedule 3 to the Act.
Lodging of appeal by Principal Reporter or other SCRA employee
4.—(1) The Principal Reporter may appeal to Ministers under paragraph 8(6) of schedule 3 to the Act against dismissal by SCRA by giving to Ministers a statement setting out the grounds upon which the appeal is made and any accompanying information the Principal Reporter may wish to submit.
(2) Any other SCRA employee may appeal to Ministers under paragraph 12(1) of schedule 3 to the Act against dismissal by SCRA by giving to Ministers a statement setting out the grounds upon which the appeal is made and any accompanying information the employee may wish to submit.
(3) The Principal Reporter or other SCRA employee must give the statement and accompanying information referred to in paragraph (1) and (2) to Ministers before the expiry of the period of 21 days from the day the Principal Reporter or other SCRA employee received notification of dismissal by SCRA.
(4) The Principal Reporter or other SCRA employee must at the same time as giving the statement and accompanying information to Ministers give a copy to SCRA.
Response by SCRA
5.—(1) SCRA must, before the expiry of the period of 21 days from the day of receipt of the statement and accompanying information under regulation 4(4), give to Ministers notification as to whether or not the appeal is opposed.
(2) If the appeal is opposed SCRA must, at the same time as notifying Ministers under paragraph (1), give to Ministers—
(a)
(a) the reasons for opposing the appeal;
(b)
(b) the reasons for dismissing the Principal Reporter or other SCRA employee and details of all information taken into account by SCRA in determining to do so; and
(c)
(c) any representations SCRA wish to submit regarding the statement and information provided by the Principal Reporter or other SCRA employee under regulation 4.
(3) SCRA must, at the same time as notifying Ministers under paragraph (1) and, where applicable, giving Ministers the reasons, information and representations under paragraph (2), give the Principal Reporter or other SCRA employee, as the case may be, confirmation as to whether the appeal is opposed and, where applicable, give the Principal Reporter or other SCRA employee a copy of all the reasons, information and representations provided to Ministers under paragraph (2).
(4) The Principal Reporter or other SCRA employee may, before the expiry of the period of 21 days from the day of receipt of the reasons, information and representations in paragraph (3), give Ministers any comments on the reasons, information and representations supplied by SCRA to Ministers under paragraph (2) that the Principal Reporter or other SCRA employee wish to make.
(5) Where the Principal Reporter or other SCRA employee gives any comments to Ministers under paragraph (4) the Principal Reporter or other SCRA employee must, at the same time, give a copy of those comments to SCRA.
Further representations etc.
6.—(1) Following receipt of the material given under regulations 4 and 5, Ministers may, for the purposes of enabling or assisting them to determine the appeal by the Principal Reporter or other SCRA employee, invite, by notice, further representations, comments or information from either, or both of the Principal Reporter or other SCRA employee, as the case may be, or SCRA.
(2) Any further representations, comments or information given in response to the notice under paragraph (1) are to be supplied within such time as Ministers specify in the notice.
Notification of further representations etc. upon which Ministers intend to rely
7.—(1) Ministers must give to the Principal Reporter, other SCRA employee, as the case may be, and SCRA—
(a)
(a) details of any further representations, comments or information sent by the other party to Ministers under regulation 6(1) upon which Ministers may intend to rely in determining the appeal of the Principal Reporter or other SCRA...
To continue reading
Request your trial