The Children's Hearings (Legal Representation) (Scotland) Amendment Rules 2009
| Jurisdiction | Scotland |
| Citation | SSI 2009/211 |
2009 No. 211
CHILDREN AND YOUNG PERSONS
The Children’s Hearings (Legal Representation) (Scotland) Amendment Rules 2009
Made 2nd June 2009
Laid before the Scottish Parliament 3rd June 2009
Coming into force 4th June 2009
The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 42(1) and (2)(a), (b), (d) and (i) and 103(3) of the Children (Scotland) Act 19951and of all other powers enabling them to do so.
In accordance with section 44 of, and paragraph 24 of Schedule 7 to, the Tribunals, Courts and Enforcement Act 2007 they have consulted with the Administrative Justice and Tribunals Council2.
Citation and commencement
1. These Regulations may be cited as the Children’s Hearings (Legal Representation) (Scotland) Amendment Rules 2009 and come into force on 4th June 2009.
Amendment of the Children’s Hearings (Legal Representation) (Scotland) Rules 2002
2. The Children’s Hearings (Legal Representation) (Scotland) Rules 20023are amended in accordance with rules 3 to 7.
3. In rule 2 (interpretation)–
(a) in the definition of “legal representative” after “Hearing” insert “or to act as the legal representative of a relevant person due to attend a Children’s Hearing”; and
(b) after the definition of “the Principal Reporter” insert–
““the 1996 Rules” means the Children’s Hearings (Scotland) Rules 19964.”.
4. In rule 3 (legal representation for the purpose of assisting children at a Children’s Hearing), in paragraph (1)(a), before “legal” insert “despite the entitlement of the child to be accompanied by a representative under rule 11 of the 1996 Rules”.
5. After rule 3 (legal representation for the purpose of assisting children at a Children’s Hearing) insert–
“Legal representation for the purpose of assisting a relevant person at a Children’s Hearing
3A.—(1) A business meeting arranged by the Principal Reporter under section 64(1) of the Act may appoint to a relevant person who is due to attend a Children’s Hearing a legal representative, if it appears to that business meeting that–
(a)
(a) it may be necessary to make a supervision requirement (or review a supervision requirement) which includes a requirement–
(i) that the child who is the subject of a Children’s Hearing reside at any place, where such a requirement would result in the child no longer residing with the relevant person;
(ii) regulating the relevant person’s contact with the child; or
(iii) affecting the relevant person’s parental rights under section 2 of the Act; and
(b)
(b) despite the entitlement of the relevant person to be accompanied by a representative under rule 11 of the 1996 Rules, legal representation is required to enable the relevant person to effectively participate at the Hearing.
(2) The Children’s Hearing...
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