Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Children's Hearings (Scotland) Act 2011

Type Act of the Scottish Parliament

Publication 2011-01-06

Last updated 2026-03-30

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) In this Act, “interim variation”, in relation to a compulsory supervision order made in relation to a child, means a variation of the order having effect for the relevant period.

(2) An interim variation may vary the order so that, instead of specifying a place or places at which the child is to reside under section 83(2)(a), the order specifies that the child is to reside at any place of safety away from the place where the child predominantly resides.

(3) Section 83(5)(a) does not apply to the varied order.

(4) In subsection (1), the “relevant period” means the period beginning with the variation of the order and ending with whichever of the following first occurs—

(a) the next children's hearing arranged in relation to the child,

(b) the disposal by the sheriff of an application made by virtue of section 93(2)(a) or 94(2)(a) relating to the child,

(d) the expiry of the period of 22 days beginning with the day on which the order is varied.

Preparation of report in circumstances relating to permanence order or adoption

141

(1) This section applies where a review of a compulsory supervision order in relation to a child is required under subsection (1) of section 131 in the circumstances mentioned in subsection (2)(c), (d) or (e) of that section.

(2) On determining the review under section 138(3), the children's hearing must prepare a report providing advice about the circumstances to which the review relates for—

(a) the implementation authority, and

(b) any court that requires (or may subsequently require) to come to a decision about an application of the type mentioned in section 131(2)(c) or (e).

(3) The report must be in such form as the Scottish Ministers may determine.

(4) If an application of the type mentioned in section 131(2)(c) or (e) is (or has been) made, the court must have regard to the report when coming to its decision about the application.

Review of relevant person determination

Review of determination that person be deemed a relevant person

142

(1) This section applies where, in relation to a child—

(a) a children's hearing determines a review of a compulsory supervision order by varying or continuing the order,

(b) an individual is deemed to be a relevant person by virtue of section 81, and

(c) it appears to the children's hearing that the individual may no longer have (nor recently have had) a significant involvement in the upbringing of the child.

(1A) But this section does not apply where the matter of whether the individual should continue to be deemed to be a relevant person in relation to the child—

(a) has been determined by a meeting of a pre-hearing panel held in relation to the children's hearing, or

(b) is, by virtue of section 80(3), to be determined by the children's hearing.

(2) The children's hearing must review whether the individual should continue to be deemed to be a relevant person in relation to the child.

(3) If the children's hearing considers that it is appropriate to do so, the children's hearing may defer determining the review under subsection (2) until a subsequent children's hearing under this section.

(4) Otherwise, if the children's hearing determines that the individual does not have (and has not recently had) a significant involvement in the upbringing of the child then—

(a) the children's hearing must direct that the individual is no longer to be deemed to be a relevant person, and

(b) section 81(4) ceases to apply in relation to the individual (except in relation to any appeal arising from the determination mentioned in subsection (1)(a)).

Part 14 — Implementation of orders

Power to transfer child in cases of urgent necessity

Transfers in cases of urgent necessity

143

(1) Subsection (2) applies where a child is residing at a particular place by virtue of a compulsory supervision order or interim compulsory supervision order containing a measure of the type mentioned in section 83(2)(a).

(2) If it is in the interests of the child or another child in the place that the child be moved out of the place as a matter of urgent necessity then, despite the order, the chief social work officer may transfer the child to another place.

Implementation of compulsory supervision order

Implementation of compulsory supervision order: general duties of implementation authority

144

(1) The implementation authority must give effect to a compulsory supervision order.

(2) The implementation authority must in particular comply with any requirements imposed on it in relation to the child by the compulsory supervision order.

(3) The duties which an implementation authority may be required to carry out under a compulsory supervision order include securing or facilitating the provision for the child of services of a kind which the implementation authority does not provide.

Duty where order requires child to reside in certain place

145

(1) Subsection (2) applies where, under a compulsory supervision order, a child is required to reside—

(a) in accommodation provided by the parents or relatives of the child, or by any person associated with them or the child, or

(b) in any other accommodation not provided by a local authority.

(2) The implementation authority must from time to time—

(a) investigate whether, while the child is resident in that accommodation, any conditions imposed under the compulsory supervision order are being complied with, and

(b) if the authority considers that conditions are not being complied with, take such steps as the authority considers reasonable.

Breach of duties imposed by sections 144 and 145

146

(1) This section applies where, on determining the review of a compulsory supervision order under section 138(3), it appears to the children's hearing that the implementation authority is in breach of a duty in relation to the child imposed on the authority under section 144 or 145.

(2) The children's hearing may direct the National Convener to give the authority notice in accordance with subsection (3) of an intended application by the National Convener to enforce the authority's duty.

(3) The notice must—

(a) set out the respects in which the authority is in breach of its duty in relation to the child, and

(b) state that if the authority does not perform that duty before the expiry of the period of 21 days beginning with the day on which the notice is given, the National Convener, on the direction of the children's hearing, is to make an application to enforce the authority's duty.

(4) The National Convener must, at the same time as giving the notice, send a copy of the notice to—

(a) the child,

(b) each relevant person in relation to the child.

(5) If a children's hearing gives a direction under subsection (2), the children's hearing must require that a further review of the compulsory supervision order take place on or as soon as is reasonably practicable after the expiry of the period of 28 days beginning on the day on which the notice is given.

(6) If, on that further review, it appears to the children's hearing carrying out the further review that the authority continues to be in breach of its duty, the children's hearing may direct the National Convener to make an application under section 147.

(7) In determining whether to direct the National Convener to make an application under section 147 to enforce the authority's duty, the children's hearing must not take into account any factor relating to the adequacy of the means available to the authority to enable it to comply with the duty.

Application for order

147

(1) The National Convener must, if directed to do so under section 146(6), apply to the relevant sheriff principal for an order to enforce an implementation authority's duty in relation to a child.

(2) The relevant sheriff principal is the sheriff principal of the sheriffdom in which the principal office of the implementation authority is situated.

(3) The National Convener may not make such an application, despite the direction given under section 146(6), unless—

(a) the National Convener has given the authority notice in relation to the duty in compliance with a direction given under section 146(2), and

(b) the authority has failed to carry out the duty within the period specified in the notice.

(4) The application is to be made by summary application.

Order for enforcement

148

(1) The sheriff principal may, on an application by the National Convener under section 147, make an order requiring the implementation authority that is in breach of a duty imposed by virtue of a compulsory supervision order to carry out that duty.

(2) Such an order is final.

Compulsory supervision orders etc.: further provision

149

(1) The Scottish Ministers may by regulations make provision about—

(a) the transmission of information relating to a child who is the subject of an order or warrant mentioned in subsection (2) to any person who, by virtue of the order or warrant, has or is to have control over the child,

(b) the provision of temporary accommodation for the child,

(d) the taking of the child to—

(i) a place of safety under section 169 or 170,

(ii) a place to which the child falls to be taken to under section 169(2), or

(iii) a person to whom the child falls to be taken to under section 170(2).

(2) The orders and warrants are—

(a) a compulsory supervision order,

(b) an interim compulsory supervision order,

(d) a warrant to secure attendance.

Movement restriction conditions: regulations etc.

150

(1) The Scottish Ministers may by regulations prescribe—

(a) restrictions, or

(b) monitoring arrangements,

that may be imposed as part of a movement restriction condition.

(2) Regulations under subsection (1) may in particular—

(a) prescribe the maximum period for which a restriction may have effect,

(b) prescribe methods of monitoring compliance with a movement restriction condition,

(d) prescribe the person or class of person who may be designated to carry out the monitoring, and

(e) require that the condition be varied to designate another person if the person designated ceases to be prescribed, or fall within a class of person, prescribed under paragraph (d).

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) The Scottish Ministers may—

(a) make arrangements (contractual or otherwise) to secure the services of such persons as they think fit to carry out monitoring, and

(b) make those arrangements in a way that provides differently for different areas or different forms of monitoring.

(5) Nothing in any enactment or rule of law prevents the disclosure to a person providing a service under an arrangement made under subsection (4) of information relating to a child where the disclosure is made for the purposes only of the full and proper provision of monitoring.

Secure accommodation

Implementation of secure accommodation authorisation

151

(1) Subsections (3) and (4) apply where a relevant order or warrant made in relation to a child includes a secure accommodation authorisation.

(2) A relevant order or warrant is—

(a) a compulsory supervision order,

(b) an interim compulsory supervision order,

(d) a warrant to secure attendance.

(3) The chief social work officer may implement the authorisation only with the consent of the person in charge of the residential establishment containing the secure accommodation in which the child is to be placed (the “head of unit”).

(4) The chief social work officer must remove the child from secure accommodation if—

(a) the chief social work officer considers it unnecessary for the child to be kept there, or

(b) the chief social work officer is required to do so by virtue of regulations made under subsection (6).

(5) A secure accommodation authorisation ceases to have effect once the child is removed from secure accommodation under subsection (4).

(6) The Scottish Ministers may by regulations make provision in relation to decisions—

(a) by the chief social work officer—

(i) whether to implement a secure accommodation authorisation,

(ii) whether to remove a child from secure accommodation,

(b) by the head of unit whether to consent under subsection (3).

(7) Regulations under subsection (6) may in particular—

(a) specify—

(i) the time within which a decision must be made,

(ii) the procedure to be followed,

(iii) the criteria to be applied,

(iv) matters to be taken into account or disregarded,

(v) persons who must be consulted,

(vi) persons who must consent before a decision has effect,

(b) make provision about—

(i) notification of decisions,

(ii) the giving of reasons for decisions,

(iii) reviews of decisions,

(iv) the review of the order or warrant containing the secure accommodation authorisation where the head of unit does not consent.

(8) Regulations under subsection (6) are subject to the affirmative procedure.

Secure accommodation: placement in other circumstances

152

(1) The Scottish Ministers may by regulations make provision specifying circumstances in which a child falling within subsection (3) may be placed in secure accommodation.

(2) Regulations under subsection (1) may in particular include provision for and in connection with—

(a) the procedure to be followed in deciding whether to place a child in secure accommodation,

(b) the notification of decisions,

(d) the review of decisions,

(e) the review of placements by a children's hearing.

(3) A child falls within this subsection if—

(a) a relevant order or warrant is in force in relation to the child, and

(b) the relevant order or warrant does not include a secure accommodation authorisation.

(4) A relevant order or warrant is—

(a) a compulsory supervision order,

(b) an interim compulsory supervision order,

(d) a warrant to secure attendance.

(5) Regulations under subsection (1) are subject to the affirmative procedure.

Secure accommodation: regulations

153

(1) The Scottish Ministers may by regulations make provision about children placed in secure accommodation by virtue of this Act.

(2) Regulations under subsection (1) may in particular include provision—

(a) imposing requirements on the Principal Reporter,

(b) imposing requirements on the implementation authority in relation to a compulsory supervision order or an interim compulsory supervision order,

(c) imposing requirements on the relevant local authority for a child in relation to a medical examination order or a warrant to secure attendance,

(d) in connection with the protection of the welfare of the children.

(3) Regulations under subsection (1) are subject to the affirmative procedure.

Part 15 — Appeals

Appeal against decision of children's hearing

Appeal to sheriff against decision of children’s hearing

154

(1) A person mentioned in subsection (2) may appeal to the sheriff against a relevant decision of a children's hearing in relation to a child.

(2) The persons are—

(a) the child,

(b) a relevant person in relation to the child,

(3) A relevant decision is—

(a) a decision to make, vary or continue a compulsory supervision order,

(b) a decision to discharge a referral by the Principal Reporter,

(d) a decision to make an interim compulsory supervision order,

(e) a decision to make an interim variation of a compulsory supervision order,

(f) a decision to make a medical examination order, or

(g) a decision to grant a warrant to secure attendance.

(4) An appeal under subsection (1) may be made jointly by two or more persons mentioned in subsection (2).

(5) An appeal under subsection (1) must be made before the expiry of the period of 21 days beginning with the day on which the decision is made.

Procedure

155

(1) This section applies where an appeal under section 154 is made.

(2) The Principal Reporter must lodge with the sheriff clerk a copy of—

(a) the decision, and the reasons for the decision, of the children's hearing,

(b) all information provided by virtue of rules under section 177 to the children's hearing, and

(3) The appeal must not be heard in open court.

(4) The sheriff may (but need not) hear evidence before determining the appeal.

(5) The sheriff may hear evidence from—

(a) the child,

(b) a relevant person in relation to the child,

(d) the Principal Reporter,

(e) where the appeal is against a decision to make, grant, vary or continue an order or warrant including a secure accommodation authorisation in respect of the child—

(i) the person in charge of the secure accommodation specified in the secure accommodation authorisation, and

(ii) the chief social work officer, and

(f) any other person who the sheriff considers may give material additional evidence.

(6) The sheriff may require any person to give a report to the sheriff for the purpose of assisting the sheriff in determining the appeal.

(7) Subsection (6) applies in relation to a safeguarder only if regulations under section 34 so provide.

Determination of appeal

156

(1) If satisfied that the decision to which an appeal under section 154 relates is justified, the sheriff—

(a) must confirm the decision, and

(b) may take one or more of the steps mentioned in subsection (3) if satisfied that the circumstances of the child in relation to whom the decision was made have changed since the decision was made.

(2) In any other case, the sheriff—

(a) must—

(i) where the decision is a decision to grant a warrant to secure attendance, recall the warrant,

(ii) where the decision is a decision to make an interim compulsory supervision order or a medical examination order, terminate the order,

(b) may take one or more of the steps mentioned in subsection (3).

(3) Those steps are—

(a) require the Principal Reporter to arrange a children's hearing for any purpose for which a hearing can be arranged under this Act,

(b) continue, vary or terminate any order, interim variation or warrant which is in effect,

(c) discharge the child from any further hearing or other proceedings in relation to the grounds that gave rise to the decision,

(d) make an interim compulsory supervision order or interim variation of a compulsory supervision order, or

(e) grant a warrant to secure attendance.

(3A) If the sheriff continues or varies a compulsory supervision order under subsection (3)(b), the sheriff—

(a) must, if the order contains a movement restriction condition (or is being varied so as to include such a condition), require the order to be reviewed by a children’s hearing on a day or within a period specified in the order,

(b) may, in any other case, require the order to be so reviewed.

(4) If the sheriff discharges a child under subsection (3)(c), the sheriff must also terminate any order or warrant which is in effect in relation to the child.

(5) The fact that a sheriff makes, continues or varies an order, or grants a warrant, under subsection (1)(b) or (2)(b) does not prevent a children's hearing from continuing, varying or terminating the order or warrant.

Time limit for disposal of appeal against certain decisions

157

(1) This section applies where an appeal under section 154 relates to a decision of a children's hearing to—

(a) make a compulsory supervision order including a secure accommodation authorisation or movement restriction condition,

(b) make an interim compulsory supervision order,

(d) make a medical examination order, or

(e) grant a warrant to secure attendance.

(2) The appeal must be heard and disposed of before the expiry of the period of 3 days beginning the day after the day on which the appeal is made.

(3) If the appeal is not disposed of within that period, the authorisation, condition, order, variation or, as the case may be, warrant ceases to have effect.

Compulsory supervision order: suspension pending appeal

158

(1) This section applies where—

(a) an appeal is made under section 154 against a decision to make, vary, continue or terminate a compulsory supervision order, and

(b) the person making the appeal requests the Principal Reporter to arrange a children's hearing to consider whether the decision should be suspended pending the determination of the appeal.

(2) As soon as practicable after the request is made, the Principal Reporter must arrange a children's hearing to consider whether the decision should be suspended pending the determination of the appeal.

Frivolous and vexatious appeals

159

(1) This section applies where the sheriff—

(a) determines an appeal under section 154 or 161 by confirming a decision of a children's hearing to vary or continue a compulsory supervision order, and

(b) is satisfied that the appeal was frivolous or vexatious.

(2) The sheriff may order that, during the period of 12 months beginning on the day of the order, the person who appealed must obtain leave from the sheriff before making another appeal under section 154 or 161 against a decision of a children's hearing in relation to the compulsory supervision order.

Other appeals

Appeal to sheriff against relevant person determination

160

(1) A person mentioned in subsection (2) may appeal to the sheriff against—

(a) a determination of a pre-hearing panel or a children's hearing that an individual—

(i) is or is not to be deemed a relevant person in relation to a child,

(ii) is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,

(b) a determination of a review under section 142(2) that an individual is to continue to be deemed, or no longer to be deemed, a relevant person in relation to a child.

(2) The persons are—

(a) the individual in question,

(b) the child,

(d) two or more persons mentioned in paragraphs (a) to (c) acting jointly.

(3) If satisfied that the determination to which the appeal relates is justified, the sheriff must confirm the determination.

(4) If not satisfied, the sheriff must—

(a) quash the determination, and

(b) where the determination is of one of the following kinds, make an order deeming the individual to be a relevant person in relation to the child—

(i) a determination of a pre-hearing panel or children's hearing under section 81 that the individual is not to be deemed a relevant person in relation to the child,

(ii) a determination of a pre-hearing panel or children's hearing under section 81A that the person is no longer to be deemed a relevant person in relation to the child.

(5) Where the sheriff makes an order under subsection (4)(b), section 81(4) applies to the individual as if a pre-hearing panel had deemed the individual to be a relevant person.

(6) An appeal under this section must be—

(a) made before the expiry of the period of 7 days beginning with the day on which the determination is made,

(b) heard and disposed of before the expiry of the period of 3 days beginning with the day on which the appeal is made.

Appeal to sheriff against decision affecting contact or permanence order

161

(1) A person mentioned in subsection (2) may appeal to the sheriff against a relevant decision of a children's hearing in relation to a child.

(2) The person is an individual (other than a relevant person in relation to the child) in relation to whom—

(a) a contact order is in force regulating contact between the individual and the child,

(b) a permanence order is in force which specifies arrangements for contact between the individual and the child, or

(3) A relevant decision is a decision under section 126(6) relating to a compulsory supervision order.

(4) If the sheriff is satisfied that the relevant decision is justified, the sheriff must confirm the decision.

(5) If not satisfied, the sheriff must vary the compulsory supervision order by varying or removing the measure contained in the order under section 83(2)(g).

(6) An appeal under this section must be—

(a) made before the expiry of the period of 21 days beginning with the day on which the relevant decision is made,

(b) heard and disposed of before the expiry of the period of 3 days beginning with the day on which the appeal is made.

Appeal to sheriff against decision to implement secure accommodation authorisation

162

(1) This section applies where a relevant order or warrant made in relation to a child includes a secure accommodation authorisation.

(2) A relevant order or warrant is—

(a) a compulsory supervision order,

(b) an interim compulsory supervision order,

(d) a warrant to secure attendance.

(3) The child or a relevant person in relation to the child may appeal to the sheriff against a relevant decision in relation to the authorisation.

(4) A relevant decision is a decision by the chief social work officer—

(a) to implement the authorisation,

(b) not to implement the authorisation,

(5) An appeal under subsection (3) may be made jointly by—

(a) the child and one or more relevant persons in relation to the child, or

(b) two or more relevant persons in relation to the child.

(6) An appeal must not be held in open court.

(7) The Scottish Ministers may by regulations make further provision about appeals under subsection (3).

(8) Regulations under subsection (7) may in particular—

(a) specify the period within which an appeal may be made,

(b) make provision about the hearing of evidence during an appeal,

(d) provide for appeals to the Sheriff Appeal Court and Court of Session against the determination of an appeal.

(9) Regulations under subsection (7) are subject to the affirmative procedure.

Appeals to sheriff principal and Court of Session

Appeals to sheriff principal and Court of Session: children’s hearings etc.

163

(1) A person mentioned in subsection (3) may appeal by stated case to the sheriff principal or the Court of Session against—

(a) a determination by the sheriff of—

(i) an application to determine whether a section 67 ground (other than the ground mentioned in section 67(2)(j) if the case was remitted to the Principal Reporter under section 49 of the Criminal Procedure (Scotland) Act 1995) is established,

(ii) an application under section 110(2) for review of a finding that a section 67 ground is established,

(iii) an appeal against a decision of a children's hearing,

(iv) an application under section 98 for an extension of an interim compulsory supervision order,

(v) an application under section 99 for a further extension of an interim compulsory supervision order,

(b) a decision of the sheriff under section 100 to—

(i) make an interim compulsory supervision order,

(ii) make an interim variation of a compulsory supervision order.

(2) A person mentioned in subsection (3) may, with leave of the sheriff principal, appeal by stated case to the Court of Session against the sheriff principal's decision in an appeal under subsection (1).

(3) The persons are—

(a) the child,

(b) a relevant person in relation to the child,

(d) two or more persons mentioned in paragraphs (a) to (c) acting jointly, and

(e) the Principal Reporter.

(4) Despite subsections (1) and (2), a safeguarder may not—

(a) appeal against a determination by the sheriff of a type mentioned in subsection (1)(a)(i) or (ii), or a decision of the sheriff of a type mentioned in subsection (1)(b),

(b) appeal to the Court of Session against the sheriff principal's decision in such an appeal.

(5) Despite subsection (1), the Principal Reporter may not appeal against a determination by the sheriff confirming a decision of a children's hearing.

(6) Subsection (7) applies in relation to—

(a) an appeal against a determination by the sheriff of an application under section 110(2) for review of a finding that a section 67 ground is established,

(b) an appeal to the Court of Session against the sheriff principal's decision in such an appeal.

(7) In subsection (3)(a) and (b)—

(a) the references to the child are to the person in relation to whom the section 67 ground was established (even if that person is no longer a child),

(b) the reference to a relevant person in relation to the child includes a person who was, at the time the section 67 ground was established, a relevant person in relation to the child.

(8) An appeal under this section must be made before the expiry of the period of 28 days beginning with the day on which the determination or decision appealed against was made.

(9) An appeal under this section may be made—

(a) on a point of law, or

(b) in respect of any procedural irregularity.

(10) On deciding an appeal under subsection (1), the sheriff principal or the Court of Session must remit the case to the sheriff for disposal in accordance with such directions as the court may give.

(11) A decision in an appeal under subsection (1) or (2) by the Court of Session is final.

(12) In subsection (1)(a)(ii), the reference to a determination by the sheriff of an application under section 110(2) for review of a finding that a section 67 ground is established includes a reference to a determination under section 117(2)(a) that a ground is established.

Appeals to sheriff principal and Court of Session: relevant persons

164

(1) A person mentioned in subsection (3) may appeal by stated case to the sheriff principal or the Court of Session against a decision of the sheriff in an appeal against —

(a) a decision of the sheriff in an appeal against a determination of a pre-hearing panel or children's hearing that an individual—

(i) is or is not to be deemed a relevant person in relation to a child,

(ii) is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,

(b) a decision of the sheriff in an appeal against a determination of a review under section 142(2) that an individual is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child.

(2) A person mentioned in subsection (3) may, with leave of the sheriff principal, appeal by stated case to the Court of Session against the sheriff principal's decision in an appeal under subsection (1).

(3) The persons are—

(a) the individual in question,

(b) the child,

(d) two or more persons mentioned in paragraphs (a) to (c) acting jointly.

(e) the Principal Reporter.

(3A) Despite subsection (1), the Principal Reporter may not appeal against a decision by the sheriff confirming a determination of a children's hearing.

(4) An appeal under this section must be made before the expiry of the period of 28 days beginning with the day on which the decision appealed against is made.

(5) An appeal under this section may be made—

(a) on a point of law, or

(b) in respect of any procedural irregularity.

(6) On deciding an appeal under subsection (1), the sheriff principal or the Court of Session must remit the case to the sheriff for disposal in accordance with such directions as the court may give.

(7) A decision in an appeal under subsection (1) or (2) by the Court of Session is final.

Appeals to sheriff principal and Court of Session: contact and permanence orders

165

(1) A person mentioned in subsection (3) may appeal by stated case to the sheriff principal or the Court of Session against a decision of the sheriff in an appeal under section 161.

(2) A person mentioned in subsection (3) may, with leave of the sheriff principal, appeal by stated case to the Court of Session against the sheriff principal's decision in an appeal under subsection (1).

(3) The person is an individual (other than a relevant person in relation to the child) in relation to whom—

(a) a contact order is in force regulating contact between the individual and the child,

(b) a permanence order is in force which specifies arrangements for contact between the individual and the child, or

(4) An appeal under this section must be made before the expiry of the period of 28 days beginning with the day on which the decision appealed against was made.

(5) An appeal under this section may be made—

(a) on a point of law,

(b) in respect of any procedural irregularity.

(6) On deciding an appeal under subsection (1), the sheriff principal or the Court of Session must remit the case to the sheriff for disposal in accordance with such directions as the court may give.

(7) A decision in an appeal under subsection (1) or (2) by the Court of Session is final.

Requirement imposed on local authority: review and appeal

Review of requirement imposed on local authority

166

(1) This section applies where a duty is imposed on a local authority by virtue of—

(a) a compulsory supervision order,

(b) an interim compulsory supervision order, or

(2) If the local authority is satisfied that it is not the relevant local authority for the child in respect of whom the duty is imposed, the local authority may apply to the sheriff for a review of the decision or determination to impose the duty on it.

(3) The sheriff may review the decision or determination to impose the duty with or without hearing evidence.

(4) The sheriff may hear evidence from—

(a) any local authority,

(b) the National Convener,

(d) a person representing that child,

(e) a relevant person in relation to that child,

(f) a person representing that person.

(5) Where the duty is imposed on the local authority by a children's hearing, the sheriff may require the Principal Reporter to lodge with the sheriff clerk a copy of the decision (and reasons) of the children's hearing.

(6) The sheriff must determine which local authority is the relevant local authority for the child.

(7) Where the local authority that made the application under subsection (2) is the relevant local authority for the child, the sheriff must confirm the decision of the children's hearing or the determination of the sheriff.

(8) Where another local authority is the relevant local authority for the child, the sheriff—

(a) must vary the order which imposed the duty so that the duty falls on that local authority, and

(b) may make an order for that local authority to reimburse such sums as the sheriff may determine to the local authority which made the application under subsection (2) for any costs incurred in relation to the duty.

Appeals to sheriff principal: section 166

167

(1) A local authority may appeal by stated case to the sheriff principal against—

(a) the determination by the sheriff under section 166(6) of which local authority is the relevant local authority for a child,

(b) the making of an order by the sheriff under section 166(8)(b).

(2) A person mentioned in subsection (3) may appeal by stated case to the sheriff principal against the determination by the sheriff under section 166(6) of which local authority is the relevant local authority for a child.

(3) The persons are—

(a) the child to whom the determination relates,

(b) a person representing that child,

(d) a person representing that person.

(4) An appeal under this section must be made before the expiry of the period of 28 days beginning with the day on which the determination or, as the case may be, order was made.

(5) An appeal under this section may be made—

(a) on a point of law, or

(b) in respect of any procedural irregularity.

(6) On determining an appeal under this section, the sheriff principal must remit the case to the sheriff for disposal in accordance with such directions as the court may give.

(7) A determination of an appeal under this section is final.

Part 16 — Enforcement of orders

Enforcement of orders

168

(1) Subsection (2) applies where a relevant order authorising the keeping of a child in a particular place (an “authorised place”) is in force in relation to a child.

(2) An officer of law may enforce the order—

(a) by searching for and apprehending the child,

(b) by taking the child to the authorised place,

(i) it is not reasonably practicable to take the child immediately to the authorised place, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

by taking the child to and detaining the child in a place of safety for as short a period of time as is practicable, and

(d) so far as is necessary, by breaking open shut and lockfast places.

(3) In this section, “relevant order” means—

(a) a child assessment order,

(b) a child protection order,

(d) a compulsory supervision order,

(e) an interim compulsory supervision order,

(f) a medical examination order.

Child absconding from place

169

(1) This section applies where—

(a) a child requires to be kept in a particular place by virtue of—

(i) a child assessment order,

(ii) a child protection order,

(iii) an order under section 55,

(iv) section 56,

(v) section 65,

(vi) a compulsory supervision order,

(vii) an interim compulsory supervision order,

(viii) a medical examination order,

(ix) a warrant to secure attendance, or

(x) section 143, and

(b) the child absconds from that place or, at the end of a period of leave, fails to return to that place.

(2) The child may be ... taken to that place.

(3) If a court is satisfied that there are reasonable grounds for believing that the child is within premises, the court may grant a warrant authorising an officer of law to—

(a) enter premises, and

(b) search for the child.

(4) The court may authorise the officer of law to use reasonable force for those purposes.

(5) Where the child is returned to the place mentioned in subsection (1), but the occupier of that place is unwilling or unable to receive the child—

(a) the officer of law returning the child must immediately notify the Principal Reporter of that fact, and

(b) the child must be kept in a place of safety until the occurrence of the relevant event.

(6) In subsection (5), the relevant event is—

(a) in the case mentioned in sub-paragraph (i) of subsection (1)(a), the end of the period specified in the child assessment order,

(b) in the case mentioned in sub-paragraph (ii) of that subsection, whichever of the following first occurs—

(i) the children's hearing arranged under section 45 or 69,

(ii) the termination of the child protection order,

(i) the order ceasing to have effect under section 55(4) or (5),

(ii) the determination by the sheriff of an application for a child protection order in respect of the child,

(d) in the case mentioned in sub-paragraph (iv) of that subsection, whichever of the following first occurs—

(i) the giving of notice under subsection (5) of section 56, or

(ii) the end of the period mentioned in subsection (3) of that section,

(e) in the case mentioned in sub-paragraph (v) of that subsection, whichever of the following first occurs—

(i) the giving of a direction by the Principal Reporter under section 68(2) or 72(2)(a), or

(ii) the children's hearing arranged by virtue of section 69(2),

(f) in the case mentioned in sub-paragraph (vi) of that subsection, the children's hearing arranged by virtue of section 131(2)(b),

(g) in the cases mentioned in sub-paragraphs (vii) and (ix) of that subsection whichever of the following first occurs—

(i) the next children's hearing that has been arranged in relation to the child,

(ii) the next hearing before the sheriff relating to the child that is to take place by virtue of this Act,

(h) in the cases mentioned in sub-paragraphs (viii) and (x) of that subsection, the next children's hearing that has been arranged in relation to the child.

Child absconding from person

170

(1) This section applies where—

(a) a person has (or is authorised to have) control of a child by virtue of—

(i) a child assessment order,

(ii) a child protection order,

(iii) an order under section 55,

(iv) section 56,

(v) section 65,

(vi) a compulsory supervision order,

(vii) an interim compulsory supervision order,

(viii) a medical examination order,

(ix) a warrant to secure attendance, or

(x) section 143, and

(b) the child absconds from that person.

(2) The child may be ... taken to that person.

(3) If a court is satisfied that there are reasonable grounds for believing that the child is within premises, the court may grant a warrant authorising an officer of law to—

(a) enter premises, and

(b) search for the child.

(4) The court may authorise the officer of law to use reasonable force for those purposes.

(5) Where the child is returned to the person mentioned in subsection (1), but the person is unwilling or unable to receive the child—

(a) the officer of law returning the child must immediately notify the Principal Reporter of that fact, and

(b) the child must be kept in a place of safety until the occurrence of the relevant event.

(6) In subsection (5), the relevant event is—

(a) in the case mentioned in sub-paragraph (i) of subsection (1)(a), the end of the period specified in the child assessment order,

(b) in the case mentioned in sub-paragraph (ii) of that subsection, whichever of the following first occurs—

(i) the children's hearing arranged under section 45 or 69,

(ii) the termination of the child protection order,

(i) the order ceasing to have effect under section 55(4) or (5),

(ii) the determination by the sheriff of an application for a child protection order in respect of the child,

(d) in the case mentioned in sub-paragraph (iv) of that subsection, whichever of the following first occurs—

(i) the giving of notice under subsection (5) of section 56, or

(ii) the end of the period mentioned in subsection (3) of that section,

(e) in the case mentioned in sub-paragraph (v) of that subsection, whichever of the following first occurs—

(i) the giving of a direction by the Principal Reporter under section 68(2) or 72(2)(a), or

(ii) the children's hearing arranged by virtue of section 69(2),

(f) in the case mentioned in sub-paragraph (vi) of that subsection, the children's hearing arranged by virtue of section 131(2)(b),

(g) in the cases mentioned in sub-paragraphs (vii) and (ix) of that subsection whichever of the following first occurs—

(i) the next children's hearing that has been arranged in relation to the child,

(ii) the next hearing before the sheriff relating to the child that is to take place by virtue of this Act,

(h) in the cases mentioned in sub-paragraphs (viii) and (x) of that subsection, the next children's hearing that has been arranged in relation to the child.

171

(1) This section applies where—

(a) a child requires to be kept in a particular place by virtue of—

(i) a child assessment order,

(ii) a child protection order,

(iii) a compulsory supervision order,

(iv) an interim compulsory supervision order,

(v) a medical examination order, or

(vi) a warrant to secure attendance, or

(b) a person has (or is authorised to have) control of a child by virtue of such an order or warrant.

(2) A person commits an offence if the person—

(a) knowingly assists or induces the child to abscond from the place or person,

(b) knowingly harbours or conceals a child who has absconded from the place or person, or

(3) The person is liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding 6 months or to both.

(4) This section is subject to—

(a) section 38(3) and (4) of the 1995 Act,

(b) section 51(5) and (6) of the Children Act 1989 (c.41), and

Part 17 — Proceedings under Part 10: evidence

Use of evidence obtained from prosecutor

172

(1) This section applies where an application is made to the sheriff—

(a) to determine whether a section 67 ground is established, or

(b) to review a grounds determination.

(2) The Principal Reporter may request a prosecutor to give the Principal Reporter evidence held by the prosecutor in connection with the investigation of a crime or suspected crime if the Principal Reporter considers that the evidence might assist the sheriff in determining the application.

(3) The request may relate only to evidence lawfully obtained in the course of the investigation.

(4) The prosecutor may refuse to comply with the request if the prosecutor reasonably believes that it is necessary to retain the evidence for the purposes of any proceedings in respect of a crime (whether or not the proceedings have already commenced).

Cases involving sexual behaviour: evidence

173

(1) This section applies where—

(a) an application is made to the sheriff—

(i) to determine whether a section 67 ground is established, or

(ii) to review a grounds determination, and

(b) the ground involves sexual behaviour engaged in by any person.

(2) In hearing the application the sheriff must not, unless the sheriff makes an order under section 175, admit evidence, or allow questioning of a witness designed to elicit evidence, which shows or tends to show one or more of the circumstances mentioned in subsection (3) in relation to a person mentioned in subsection (4).

(3) The circumstances are that the person—

(a) is not of good character (whether in relation to sexual matters or otherwise),

(b) has, at any time, engaged in sexual behaviour not forming part of the subject-matter of the ground,

(c) has, at any time (other than shortly before, at the same time as or shortly after the acts which form part of the subject-matter of the ground), engaged in behaviour (not being sexual behaviour) that might found an inference that the person is not credible or the person's evidence is not reliable,

(d) has, at any time, been subject to any condition or predisposition that might found the inference that the person is not credible or the person's evidence is not reliable.

(4) The persons are—

(a) the child,

(b) a person giving evidence for the purposes of the hearing,

(5) In subsection (4)(c), “statements” includes any representations, however made or expressed, of fact or opinion.

(6) In this section and section 174, references to sexual behaviour engaged in include references to having undergone or been made subject to any experience of a sexual nature.

Cases involving sexual behaviour: taking of evidence by commissioner

174

(1) Subsection (2) applies where—

(a) a commissioner is appointed under section 19 of the Vulnerable Witnesses (Scotland) Act 2004 (asp 3) to take evidence for the purposes of a hearing before the sheriff—

(i) to determine whether a section 67 ground is established, or

(ii) to review a grounds determination, and

(b) the ground involves sexual behaviour engaged in by any person.

(2) The commissioner must not, unless the sheriff makes an order under section 175, take evidence which shows or tends to show one or more of the circumstances mentioned in section 173(3) in relation to a person mentioned in section 173(4).

Sections 173 and 174: application to sheriff for order as to evidence

175

(1) On the application of a person mentioned in subsection (2), the sheriff may, if satisfied as to the matters mentioned in subsection (3) make an order—

(a) admitting evidence of the kind mentioned in section 173(2),

(b) allowing questioning of the kind mentioned in that section,

(2) Those persons are—

(a) the child,

(b) a relevant person in relation to the child,

(d) a safeguarder appointed in relation to the child by virtue of section 30.

(3) Those matters are—

(a) the evidence or questioning will relate only to—

(i) a specific occurrence or specific occurrences of sexual behaviour or other behaviour demonstrating the character of the person,

(ii) specific facts demonstrating the character of the person,

(iii) a specific occurrence or specific occurrences of sexual behaviour or other behaviour demonstrating a condition or predisposition to which the person is or has been subject, or

(iv) specific facts demonstrating a condition or predisposition to which the person is or has been subject,

(b) the occurrence, occurrences or facts are relevant to establishing the ground, and

(c) the probative value of the evidence is significant and is likely to outweigh any risk of prejudice to the proper administration of justice arising from its being admitted or elicited.

(4) References in this section to an occurrence or occurrences of sexual behaviour include references to undergoing or being made subject to any experience of a sexual nature.

(5) In this section “proper administration of justice” includes—

(a) appropriate protection of the person's dignity and privacy, and

(b) ensuring the facts and circumstances of which the sheriff is made aware are relevant to an issue to be put before the sheriff and commensurate with the importance of that issue to the sheriff's decision on the question whether the ground is established.

Amendment of Vulnerable Witnesses (Scotland) Act 2004

176

(1) The Vulnerable Witnesses (Scotland) Act 2004 (asp 3) is amended as follows.

(2) In section 11 (interpretation of Part 2 of Act), in subsection (5)—

(a) after “Part—” insert—

“the 2011 Act” means the Children's Hearings (Scotland) Act 2011 (asp 1),

(b) in the definition of “civil proceedings”, for the words from “any proceedings” to the end substitute “ relevant proceedings ”, and

“relevant proceedings” means proceedings under Part 10 of the 2011 Act (other than section 98 or 99),

(3) In section 12 (order authorising the use of special measures for vulnerable witnesses), after subsection (7) add—

(8) In the case of relevant proceedings, the child witness notice or vulnerable witness application— (a) must be lodged or made before the commencement of the hearing at which the child or, as the case may be, vulnerable witness is to give evidence, (b) on cause shown, may be lodged or made after the commencement of that hearing.

(4) After section 16 insert—

(16A) (1) Subsection (2) applies where a child witness or other person who is giving or is to give evidence in or for the purposes of relevant proceedings (referred to in this section as “the party”) is a party to the proceedings. (2) The Principal Reporter may, on the party's behalf— (a) lodge a child witness notice under section 12(2), (b) make a vulnerable witness application for an order under section 12(6), (c) make an application under section 13(1)(a) for review of the current arrangements for taking a witness's evidence.

(5) After section 22 insert—

(22A) (1) This section applies to proceedings in relation to— (a) an application made by virtue of section 93 or 94 of the 2011 Act to determine whether the ground mentioned in section 67(2)(j) of that Act is established, or (b) an application under section 110 of that Act for review of a finding that the ground mentioned in section 67(2)(j) of that Act is established. (2) The special measures which may be authorised by virtue of section 12 or 13 for the purpose of taking the evidence of a vulnerable witness at a hearing to consider such an application include (in addition to those listed in section 18(1)) the giving of evidence in chief in the form of a prior statement in accordance with subsections (3) to (10). (3) Where that special measure is to be used, a statement made by the vulnerable witness (a “prior statement”) may be lodged in evidence for the purposes of this section by or on behalf of the party citing the vulnerable witness. (4) A prior statement is admissible as the witness's evidence in chief, or as part of the witness's evidence in chief, without the witness being required to adopt or otherwise speak to the statement in giving evidence. (5) A prior statement is admissible as evidence of any matter stated in it of which direct oral evidence by the vulnerable witness would be admissible if given at the hearing. (6) A prior statement is admissible under this section only if— (a) it is contained in a document, and (b) at the time the statement was made, the vulnerable witness would have been a competent witness for the purposes of the hearing. (7) Subsection (6) does not apply to a prior statement— (a) contained in a precognition on oath, or (b) made in other proceedings (whether criminal or civil and whether taking place in the United Kingdom or elsewhere). (8) A prior statement of a type mentioned in subsection (7) is not admissible for the purposes of this section unless it is authenticated in such manner as may be prescribed by regulations made by statutory instrument by the Scottish Ministers. (9) This section does not affect the admissibility of any statement made by any person which is admissible otherwise than by virtue of this section. (10) In this section— - “document” has the meaning given by section 262(3) of the Criminal Procedure (Scotland) Act 1995 (c.46), - “statement”— 1. includes— 1. any representation, however made or expressed, of fact or opinion, and 2. any part of a statement, but 2. does not include a statement in a precognition other than a precognition on oath. (11) For the purposes of this section, a statement is contained in a document where the person who makes it— (a) makes the statement in the document personally, (b) makes a statement which is, with or without the person's knowledge, embodied in a document by whatever means or by any person who has direct personal knowledge of the making of the statement, or (c) approves a document as embodying the statement. (12) A statutory instrument containing regulations under subsection (8) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Part 18 — Miscellaneous

Children's hearings: procedural rules

Children’s hearings: procedural rules

177

(1) The Scottish Ministers may make rules about the procedure relating to children's hearings.

(2) Rules may in particular make provision for or in connection with—

(a) specifying matters that may be determined by pre-hearing panels,

(b) constituting children's hearings,

(d) notifying persons about children's hearings,

(e) attendance of persons at children's hearings,

(f) specifying circumstances in which persons may be excused from attending children's hearings,

(g) specifying circumstances in which persons may be excluded from children's hearings,

(h) obtaining the views of the child to whom a children's hearing relates,

(i) provision of specified documents to—

(i) members of children's hearings,

(ii) the child to whom a children's hearing relates,

(iii) relevant persons in relation to the child to whom a children's hearing relates,

(iv) any other specified persons,

(j) withholding of specified documents from persons mentioned in paragraph (i),

(k) prescribing the form of the statement of grounds,

(l) the recording and transmission of information,

(m) representation of persons at children's hearings,

(n) payment of expenses,

(o) appeals.

(3) In making rules in pursuance of subsection (2)(i)(i), the Scottish Ministers must ensure that any views expressed by the child to whom a children's hearing relates are reflected in a specified document.

(4) Rules containing provision of the type mentioned in subsection (2)(a), (e), (f), (g), (j) or (m) are subject to the affirmative procedure.

(5) In this section—

“children's hearing” includes pre-hearing panel,

“specified” means specified in the rules.

Disclosure of information

Children’s hearing: disclosure of information

178

(1) A children's hearing need not disclose to a person any information about the child to whom the hearing relates or about the child's case if disclosure of that information to that person would be likely to cause significant harm to the child.

(2) Subsection (1) applies despite any requirement under an enactment (including this Act and subordinate legislation made under it) or rule of law for the children's hearing—

(a) to give the person an explanation of what has taken place at proceedings before the hearing, or

(b) to provide the person with—

(i) information about the child or the child's case, or

(ii) reasons for a decision made by the hearing.

179

(1) This section applies where—

(a) by virtue of this Act, the Principal Reporter, a children's hearing or the sheriff has determined, is determining or is to determine any matter relating to a child,

(b) criminal proceedings have been commenced against an accused,

(d) the child is connected in any way with the circumstances that gave rise to the proceedings, the accused or any other person connected in any way with those circumstances.

(2) The Principal Reporter must make available to the Crown Office and Procurator Fiscal Service any information held by the Principal Reporter relating to the prosecution which the Service requests for the purpose of—

(a) the prevention or detection of crime, or

(b) the apprehension or prosecution of offenders.

180

(1) A local authority must comply with a request from the National Convener to provide to the National Convener information about the implementation of compulsory supervision orders by the authority.

(2) The National Convener may disclose information provided by a local authority under subsection (1) to members of the Children's Panel.

Implementation of compulsory supervision orders: annual report

181

(1) The National Convener must, as soon as is reasonably practicable after the end of each financial year, prepare and submit to the Scottish Ministers a report about implementation of compulsory supervision orders during the year—

(a) in Scotland as a whole, and

(b) in each local authority area.

(2) The National Convener must give a copy of the report to each member of the Children's Panel.

(3) The Scottish Ministers must lay the report before the Scottish Parliament.

(4) For the purposes of preparing the report, the National Convener may require each local authority to provide to the National Convener for each financial year—

(a) information about—

(i) the number of compulsory supervision orders for which the authority is the implementation authority,

(ii) changes in the circumstances that led to the making of the orders,

(iii) the ways in which the overall wellbeing of children who are subject to the orders has been affected by them, and

(b) such other information relating to the implementation of the orders as the National Convener may require.

(5) Information provided under subsection (4) must not identify (or enable the identification of) a particular child.

(6) In this section, “financial year” has the meaning given by paragraph 24(3) of schedule 1.

Publishing restrictions

182

(1) A person must not publish protected information if the publication of the information is intended, or is likely, to identify—

(a) a child mentioned in the protected information, or

(b) an address or school as being that of such a child.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) It is a defence for a person (“P”) charged with a contravention of subsection (1) to show that P did not know or have reason to suspect that the publication of the protected information was likely to identify a child mentioned in the protected information, or, as the case may be, an address or school of such a child.

(4) In relation to proceedings before a children's hearing, the Scottish Ministers may in the interests of justice—

(a) dispense with the prohibition in subsection (1), or

(b) relax it to such extent as they consider appropriate.

(5) In relation to proceedings before the sheriff under Part 10 or 15, the sheriff may in the interests of justice—

(a) dispense with the prohibition in subsection (1), or

(b) relax it to such extent as the sheriff considers appropriate.

(6) In relation to proceedings in an appeal to the Court of Session under this Act, the Court may in the interests of justice—

(a) dispense with the prohibition in subsection (1), or

(b) relax it to such extent as the Court considers appropriate.

(7) The prohibition in subsection (1) does not apply in relation to the publication by or on behalf of a local authority or an adoption agency of information about a child for the purposes of making arrangements in relation to the child under this Act or the Adoption and Children (Scotland) Act 2007 (asp 4).

(8) In subsection (7), “adoption agency” has the meaning given by the Adoption and Children (Scotland) Act 2007.

(9) In this section—

“children’s hearing” includes a pre-hearing panel,

“protected information” means—information in relation to—a children's hearing,an appeal against a decision of a children's hearing,proceedings before the sheriff under Part 10 or 15, oran appeal from any decision of the sheriff or sheriff principal made under this Act, orinformation given to the Principal Reporter in respect of a child in reliance on, or satisfaction of, a provision of this Act or any other enactment,

“publish” includes in particular—to publish matter in a programme service, as defined by section 201 of the Broadcasting Act 1990 (c.42), andto cause matter to be published.

Mutual assistance

183

(1) A person mentioned in subsection (2) must comply with a request by another such person for assistance in the carrying out of functions conferred by virtue of this Act.

(2) The persons are—

(a) CHS,

(b) the National Convener,

(d) the Principal Reporter.

(3) A person mentioned in subsection (4) must comply with a request by a local authority for assistance in the carrying out of the local authority's functions under this Act.

(4) The persons are—

(a) another local authority,

(b) a health board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c.29).

(5) A request under this section must specify the assistance that is required.

(6) Nothing in this section requires a person to comply with a request if—

(a) it would be incompatible with any function (whether conferred by statute or otherwise) of the person to whom it is directed, or

(b) it would unduly prejudice the carrying out by the person to whom the request is directed of the person's functions.

Enforcement of obligations on health board under section 183

184

(1) This section applies where—

(a) the implementation authority in relation to a compulsory supervision order has made a request for assistance from a health board under section 183(3),

(b) the request is in connection with the implementation of the compulsory supervision order, and

(2) The implementation authority may refer the matter to the Scottish Ministers.

(3) On receiving a reference under subsection (2), the Scottish Ministers may, if they are satisfied that the health board has unreasonably failed to comply with the request, direct the health board to comply with the request.

(4) The health board must comply with a direction under subsection (3).

Proceedings before sheriff under Act

Amendment of section 32 of Sheriff Courts (Scotland) Act 1971

185

(1) Section 32 of the Sheriff Courts (Scotland) Act 1971 (c.58) (power of Court of Session to regulate civil procedure in sheriff court) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (eb) insert—

(ec) enabling a witness (including a witness who is outwith Scotland) in proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 to give evidence by a means specified in the act of sederunt that does not require the witness to be physically present in court in such circumstances, and subject to such conditions, as may be specified in the act of sederunt, (ed) prescribing circumstances in which a party to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 may be prohibited from personally conducting the examination of witnesses,

(b) after paragraph (i) insert—

(ia) permitting a party to proceedings under the Children's Hearings (Scotland) Act 2011 to be represented (including through the making of oral submissions to the sheriff on the party's behalf), in such circumstances as may be specified in the act of sederunt, by a person who is neither an advocate nor a solicitor,

, and

(ka) prescribing functions of safeguarders appointed by the sheriff in relation to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011, (kb) prescribing rights of safeguarders appointed by the sheriff in relation to proceedings under Part 10 or 15 of the Children's Hearings (Scotland) Act 2011 to information relating to the proceedings,

(3) After subsection (4) add—

(5) In subsection (1), “civil proceedings” includes proceedings under the Children's Hearings (Scotland) Act 2011.

186

(1) Nothing in this Act prejudices any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c.50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment).

(2) In particular, where—

(a) under an order mentioned in subsection (3) any examination or treatment is arranged for the child, and

(b) the child has the capacity mentioned in section 2(4) of the Age of Legal Capacity (Scotland) Act 1991,

the examination or treatment may be carried out only if the child consents to it.

(3) Those orders are—

(a) a child assessment order,

(b) a child protection order,

(d) an interim compulsory supervision order,

(e) a medical examination order.

Rehabilitation of offenders

Rehabilitation of Offenders Act 1974: treatment of certain disposals by children’s hearings

187

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal record certificates

188

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Places of safety

Places of safety: restrictions on use of police stations

189

(1) This section applies where a person is authorised or required under this Act to keep or detain a child in a place of safety.

(2) A child may be kept or detained in a police station only if it is not reasonably practicable to keep or detain the child in a place of safety which is not a police station.

(3) Where a child is being kept or detained in a police station, the person must take steps to identify a place of safety which is not a police station and transfer the child to that place as soon as is reasonably practicable.

Orders made outwith Scotland

Effect of orders made outwith Scotland

190

(1) The Scottish Ministers may by regulations make provision for a specified non-Scottish order which appears to them to correspond to a compulsory supervision order to have effect in Scotland.

(2) Regulations under subsection (1) may in particular—

(a) provide that a non-Scottish order is to have such effect only—

(i) in specified circumstances,

(ii) for specified purposes,

(iii) subject to specified conditions,

(b) provide that a non-Scottish order is—

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Children's Hearings (Scotland) Act 2011

Preparation of report in circumstances relating to permanence order or adoption

141

Review of relevant person determination

Review of determination that person be deemed a relevant person

142

Part 14 — Implementation of orders

Power to transfer child in cases of urgent necessity

Transfers in cases of urgent necessity

143

Implementation of compulsory supervision order

Implementation of compulsory supervision order: general duties of implementation authority

144

Duty where order requires child to reside in certain place

145

Breach of duties imposed by sections 144 and 145

146

Application for order

147

Order for enforcement

148

Compulsory supervision orders etc.: further provision

Compulsory supervision orders etc.: further provision

149

Movement restriction conditions: regulations etc.

Movement restriction conditions: regulations etc.

150

Secure accommodation

Implementation of secure accommodation authorisation

151

Secure accommodation: placement in other circumstances

152

Secure accommodation: regulations

153

Part 15 — Appeals

Appeal against decision of children's hearing

Appeal to sheriff against decision of children’s hearing

154

Procedure

155

Determination of appeal

156

Time limit for disposal of appeal against certain decisions

157

Compulsory supervision order: suspension pending appeal

Compulsory supervision order: suspension pending appeal

158

Frivolous and vexatious appeals

Frivolous and vexatious appeals

159

Other appeals

Appeal to sheriff against relevant person determination

160

Appeal to sheriff against decision affecting contact or permanence order

161

Appeal to sheriff against decision to implement secure accommodation authorisation

162

Appeals to sheriff principal and Court of Session

Appeals to sheriff principal and Court of Session: children’s hearings etc.

163

Appeals to sheriff principal and Court of Session: relevant persons

164

Appeals to sheriff principal and Court of Session: contact and permanence orders

165

Requirement imposed on local authority: review and appeal

Review of requirement imposed on local authority

166

Appeals to sheriff principal: section 166

167

Part 16 — Enforcement of orders

Enforcement of orders

168

Child absconding from place

169

Child absconding from person

170

Offences related to absconding

171

Part 17 — Proceedings under Part 10: evidence

Use of evidence obtained from prosecutor