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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

(i) to have effect as if it were a compulsory supervision order, or

(ii) to have such other effect as may be specified,

(i) requiring specified persons to provide or share specified information,

(ii) requiring specified persons to provide, or make arrangements for the provision of, any services which are needed to support a child who is the subject of a non-Scottish order,

(iii) requiring specified persons to meet the costs incurred in relation to, or as a consequence of, giving effect to a non-Scottish order in Scotland,

(iv) in connection with the safeguarding and promotion of the welfare of a child who is the subject of a non-Scottish order,

(d) make provision for or in connection with—

(i) the monitoring of whether any condition specified by virtue of paragraph (a)(iii) is being met in relation to a non-Scottish order,

(ii) the consequences of such a specified condition not being met,

(iii) the monitoring of whether any requirement imposed is being complied with in relation to a non-Scottish order (where compliance with the requirement is not a condition specified by virtue of paragraph (a)(iii)),

(iv) the consequences of failing to comply with such a requirement.

(2A) Regulations under subsection (1)—

(a) may modify any enactment in its application by virtue of the regulations to a non-Scottish order, including—

(i) the Social Work (Scotland) Act 1968,

(ii) the Children (Scotland) Act 1995,

(iii) this Act,

(b) are subject to the affirmative procedure.

(3) In this section—

“non-Scottish order” means an order made by a court in England and Wales or in Northern Ireland,

“specified” means specified in the regulations.

Part 19 — Legal aid and advice

Legal aid and advice

191

After section 28A of the Legal Aid (Scotland) Act 1986 (c.47) insert—

(28B) (1) This Part applies to children's legal aid. (2) In this Act, “children's legal aid” means representation by a solicitor and, where appropriate, by counsel in proceedings mentioned in subsection (3), on the terms provided for in this Act, and includes all such assistance as is usually given by a solicitor or counsel in the steps preliminary to or incidental to those proceedings. (3) The proceedings are— (a) proceedings before the sheriff in relation to an application under section 48 of the 2011 Act (application for variation or termination of child protection order), (b) proceedings before a children's hearing arranged by virtue of section 45 or 46 of the 2011 Act (children's hearing following making of child protection order), (c) proceedings before a children's hearing or a pre-hearing panel if the children's hearing or the panel considers that it might be necessary to make a compulsory supervision order including a secure accommodation authorisation in relation to the child to whom the proceedings relate, (d) proceedings before a children's hearing to which section 69(3) of the 2011 Act applies (children's hearing following arrest of child and detention in place of safety), (e) proceedings under Part 10 or 15 of the 2011 Act. (4) In this Part— - “compulsory supervision order” has the meaning given by section 83 of that Act, - “pre-hearing panel” has the meaning given by section 79 of that Act, - “secure accommodation authorisation” has the meaning given by section 85 of that Act. (28C) (1) Subsection (2) applies where— (a) an application is made under section 48 of the 2011 Act for variation or termination of a child protection order, (b) a children's hearing is arranged in relation to a child by virtue of section 45 or 46 of the 2011 Act, (c) a children's hearing or a pre-hearing panel considers that it might be necessary to make a compulsory supervision order including a secure accommodation authorisation in relation to a child, or (d) a children's hearing to which section 69(3) of the 2011 Act applies is arranged in relation to a child. (2) If assistance by way of representation has not been made available to the child, children's legal aid is available to the child for the purposes of— (a) proceedings before the sheriff in relation to the application mentioned in paragraph (a) of subsection (1), (b) the children's hearing mentioned in paragraph (b) or, as the case may be, (c) or (d) of that subsection, and (c) if that children's hearing is deferred, any subsequent children's hearing held under Part 11 of the 2011 Act. (3) The Scottish Ministers may by regulations— (a) modify subsection (1), (b) modify subsection (2) and section 28B(3) and (4) in consequence of modifications made under paragraph (a). (28D) (1) Subsection (2) applies in relation to proceedings under Part 10 or 15 of the 2011 Act (other than an appeal to the sheriff principal or the Court of Session). (2) Children's legal aid is available to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that the conditions in subsection (3) are met. (3) The conditions are— (a) that it is in the best interests of the child that children's legal aid be made available, (b) that it is reasonable in the particular circumstances of the case that the child should receive children's legal aid, and (c) that, after consideration of the disposable income and disposable capital of the child, the expenses of the case cannot be met without undue hardship to the child. (4) Subsection (5) applies in relation to an appeal to the sheriff principal or the Court of Session under Part 15 of the 2011 Act. (5) Children's legal aid is available to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that— (a) the conditions in subsection (3) are met, and (b) the child has substantial grounds for making or responding to the appeal. (28E) (1) Subsection (2) applies in relation to— (a) proceedings before the sheriff in relation to an application under section 48 of the 2011 Act (application for variation or termination of child protection order), and (b) proceedings under Part 10 or 15 of the 2011 Act (other than an appeal to the sheriff principal or the Court of Session). (2) Children's legal aid is available to a relevant person in relation to the child to whom the proceedings relate if, on an application made to the Board, the Board is satisfied that the conditions in subsection (3) are met. (3) The conditions are— (a) that it is reasonable in the particular circumstances of the case that the relevant person should receive children's legal aid, and (b) that, after consideration of the disposable income and disposable capital of the relevant person, the expenses of the case cannot be met without undue hardship to the relevant person. (4) Subsection (5) applies in relation to an appeal to the sheriff principal or the Court of Session under Part 15 of the 2011 Act. (5) Children's legal aid is available to a relevant person in relation to the child to whom the appeal relates if, on an application made to the Board, the Board is satisfied that— (a) the conditions in subsection (3) are met, and (b) the relevant person has substantial grounds for making or responding to the appeal. (6) In this Part, “relevant person”— (a) has the meaning given by section 200 of the 2011 Act, and (b) includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act. (28F) (1) Subsection (2) applies in relation to— (a) an appeal under section 154 or 163(1)(a)(iii) or (2) of the 2011 Act arising from a determination of a children's hearing mentioned in section 142(1)(a) if by virtue of section 142(4)(b) an individual is no longer to be deemed to be a relevant person, (b) an appeal to the sheriff under section 160(1)(a) of that Act against a determination of a pre-hearing panel or children's hearing that an individual is not to be deemed a relevant person in relation to a child, (c) an appeal to the sheriff under section 160(1)(b) of that Act against a direction under section 142(4)(a) that an individual is no longer to be deemed a relevant person in relation to a child, (d) an appeal to the sheriff principal or the Court of Session under section 164(1) of that Act against a decision of the sheriff in an appeal under section 160(1)— (i) confirming a determination that an individual is not to be deemed a relevant person in relation to a child, or (ii) quashing a determination that an individual is to be deemed a relevant person in relation to a child, and (e) an appeal to the Court of Session under section 164(2) of that Act against a determination of the sheriff principal where the effect of the sheriff principal's determination is that an individual is not to be deemed a relevant person in relation to a child. (2) Children's legal aid is available to the individual if, on an application made to the Board, the Board is satisfied— (a) that it is reasonable in the particular circumstances of the case that the individual should receive children's legal aid, (b) that, after consideration of the disposable income and disposable capital of the individual, the expenses of the case cannot be met without undue hardship to the individual, and (c) that— (i) in relation to an appeal mentioned in paragraph (a) of subsection (1), the individual has substantial grounds for making or, as the case may be, responding to the appeal, (ii) in relation to an appeal mentioned in any other paragraph of that subsection, the individual has substantial grounds for making the appeal. (28G) The Board may make the grant of children's legal aid subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time. (28H) (1) The Board must establish a procedure under which a person whose application for children's legal aid has been refused may apply to the Board for a review of the application. (2) The Board must establish a procedure under which any person receiving children's legal aid which is subject to conditions by virtue of section 28G may apply to the Board for a review of any such condition. (28J) The Board may require a person receiving children's legal aid to comply with such conditions as it considers expedient to enable it to satisfy itself from time to time that it is reasonable for the person to continue to receive children's legal aid. (28K) (1) A person in receipt of children's legal aid (the “assisted person”) may be required by the Board to contribute to the Fund in respect of any proceedings in connection with which the assisted person is granted children's legal aid. (2) A contribution under subsection (1) is to be determined by the Board and may include— (a) if the assisted person's disposable income exceeds £3,355 a year, a contribution in respect of income which is not to be more than one-third of the excess (or such other proportion of the excess, or such amount, as may be prescribed by regulations made under this section), and (b) if the assisted person's disposable capital exceeds £7,504, a contribution in respect of capital which is not to be more than the excess (or such proportion of the excess or such lesser amount as may be prescribed by regulations made under this section). (3) Regulations under this section may prescribe different proportions or amounts for different amounts of disposable income and for different cases or classes of case. (28L) (1) The Scottish Ministers may by regulations modify this Part so as to— (a) extend or restrict the types of proceedings before a children's hearing in connection with which children's legal aid is to be available, and (b) specify the persons to whom children's legal aid is to be available. (2) If regulations are made making children's legal aid available to a child, the regulations must include provision— (a) requiring the Board to be satisfied that— (i) one of the conditions in subsection (3) is met, and (ii) the conditions in section 28D(3) are met before children's legal aid is made available, and (b) requiring the Board, in determining for the purposes of subsection (3)(b)(ii) whether the child would be able to participate effectively in the proceedings, to take into account in particular the matters mentioned in subsection (4). (3) The conditions are— (a) that it might be necessary for the children's hearing to decide whether a compulsory supervision order or, as the case may be, an interim compulsory supervision order should include or (where a compulsory supervision order is being reviewed) continue to include a secure accommodation authorisation, and (b) that— (i) the condition in paragraph (a) is not met, and (ii) for the purpose of enabling the child to participate effectively in the proceedings before the children's hearing, it is necessary that the child be represented by a solicitor or counsel. (4) The matters are— (a) the nature and complexity of the case (including any points of law), (b) the ability of the appropriate person, with the assistance of any accompanying person, to consider and challenge any document or information before the children's hearing, (c) the ability of the appropriate person, with the assistance of any accompanying person, to give the appropriate person's views at the children's hearing in an effective manner. (5) If regulations are made making children's legal aid available to a person other than the child to whom the proceedings relate, the regulations must include provision— (a) requiring the Board to be satisfied that the conditions in subsection (6) are met before children's legal aid is made available, and (b) requiring the Board, in determining for the purposes of the condition in subsection (6)(a) whether the person would be able to participate effectively in the proceedings, to take into account in particular the matters mentioned in subsection (4). (6) The conditions are— (a) that, for the purpose of enabling the person to participate effectively in the proceedings before the children's hearing, it is necessary that the person be represented by a solicitor or counsel, (b) that it is reasonable in the particular circumstances of the case that the person should receive children's legal aid, and (c) that, after consideration of the disposable income and disposable capital of the person, the expenses of the case cannot be met without undue hardship to the person or the dependants of the person. (7) In subsection (4)— - “accompanying person” means a person entitled to accompany the child or other person to the children's hearing by virtue of rules under section 177 of the 2011 Act, - “appropriate person” means— 1. for the purposes of subsection (2)(b), the child, 2. for the purposes of subsection (5)(b), the other person. (8) The Scottish Ministers may by regulations modify— (a) the matters for the time being set out in subsection (4), (b) the definition of “accompanying person” for the time being set out in subsection (7). (28M) (1) The Board must establish and maintain a register of— (a) solicitors who are eligible to provide children's legal assistance, and (b) the firms with which such solicitors are connected. (2) A sole solicitor who wishes to provide children's legal assistance must be included in the register maintained under this section both as a solicitor and as a firm. (3) Only those solicitors who are included in the register maintained under this section may provide children's legal assistance. (4) Subject to subsection (5), a solicitor may provide children's legal assistance only when working in the course of a connection with a firm included in the register maintained under this section. (5) Where the Board employs a solicitor under sections 26 and 27 to provide children's legal assistance— (a) the Board may only employ a solicitor who is included in the register maintained under this section, (b) the entry in the register relating to the solicitor's name must include a note that the solicitor is so employed, (c) the Board is not to be regarded as a firm for the purposes of this section and is not required to be included in the register. (6) The Scottish Ministers may by regulations make provision about qualifications to be held by persons who may be included in the register maintained under this section. (7) Subsections (5) to (15) of section 25A apply in relation to the register maintained under this section as they apply in relation to the Register subject to the modifications mentioned in subsection (8). (8) Those modifications are— (a) subsections (8) and (9) are to be read as if references to the code were references to the code of practice under section 28N for the time being in force, and (b) subsection (9) is to be read as if the reference to criminal legal assistance were a reference to children's legal assistance. (28N) (1) The Board must prepare a draft code of practice in relation to the carrying out by solicitors of their functions with regard to the provision of children's legal assistance. (2) Different provision may be made for different cases or classes of case. (3) Subsections (3) to (8) of section 25B apply in relation to a draft code prepared under subsection (1) above as they apply in relation to a draft code prepared under subsection (1) of that section. (28P) (1) Solicitors and firms included in the register maintained under section 28M(1) must comply with the requirements of the code of practice under section 28N for the time being in force. (2) The Board must monitor the carrying out by those solicitors and firms of their duty under subsection (1). (3) For the purpose of carrying out its duty under subsection (2) the Board may use the powers conferred on it by sections 35A and 35B. (28Q) (1) Section 25D applies in relation to a solicitor or firm included in the register maintained under section 28M(1) and the code of practice under section 28N for the time being in force as it applies in relation to a registered solicitor or registered firm and the code subject to the modifications mentioned in subsection (2). (2) Those modifications are— (a) references to the Register are to be read as if they were references to the register maintained under section 28M(1), (b) subsection (6) is to be read as if the references to criminal legal assistance were references to children's legal assistance. (28R) (1) Subsection (2) applies where the Board is satisfied (whether on being informed by the solicitor concerned or otherwise) that a solicitor who is included in the register maintained under section 28M(1)— (a) has become connected with a firm whose name is not included in that register, and (b) is no longer connected with a firm whose name is included in that register. (2) The Board must remove the solicitor's name from the register. (3) Subsections (6) to (9) of section 25D (as applied by section 28Q) apply in relation to a solicitor whose name is removed from the register under subsection (2) above as they apply in relation to a solicitor whose name is removed from the register under subsection (4) of that section (as applied by section 28Q). (28S) Section 25F applies in relation to the register maintained under section 28M(1) as it applies in relation to the Register.

Power to make regulations about contracts for provision of children’s legal aid

192

After section 33A of the Legal Aid (Scotland) Act 1986 insert—

(33B) (1) The Scottish Ministers may by regulations made under this section empower the Board to enter into contracts with relevant firms for the provision by relevant solicitors connected with those firms of children's legal assistance. (2) Regulations under this section may prescribe— (a) the procedures to be followed by the Board in awarding any such contract, and (b) subject to subsection (3), any terms and conditions which are to be included in any such contract. (3) Regulations under this section must provide that any contract entered into by virtue of this section must include a provision that, in the event of the termination of the contract, or a breach of it by the relevant firm concerned, the Board may— (a) withhold payments under the contract, and (b) require the firm to secure the transfer to a relevant solicitor of— (i) any work currently being undertaken by any solicitor connected with them for any client by way of children's legal assistance, and (ii) notwithstanding any lien to which any such solicitor might otherwise be entitled, any documents connected with any such work. (4) Regulations under this section may provide that where the Board has by virtue of this section entered into contracts with any relevant firms for the provision of children's legal assistance in any area, then, unless it seems to the Board to be inappropriate in a particular case, any person seeking such assistance in that area is to be required to instruct a relevant solicitor connected with one of those firms. (5) Any money due to a firm under a contract made by virtue of this section is to be paid to the firm— (a) firstly, out of any amount payable by the client in accordance with section 11(2), (b) secondly, by the Board out of the Fund. (6) For the purposes of sections 32 and 33, the money paid to a firm, as provided in subsection (5) above, in respect of a contract made by virtue of this section is to be taken to be a payment made in accordance with this Act, and no solicitor connected with such a firm is entitled to any other payment out of the Fund in respect of any work done by the solicitor by virtue of such a contract. (7) In this section— - “relevant firm” means a firm included in the register maintained under section 28M(1), - “relevant solicitor” means a solicitor included in the register maintained under section 28M(1).

Part 20 — General

Formal communications

193

(1) The following are formal communications—

(a) a notice,

(b) a determination,

(d) a report,

(e) a statement,

(f) a referral under section 127.

(2) A formal communication must be in writing.

(3) That requirement is satisfied by a formal communication in electronic form which is—

(a) sent by electronic means, and

(b) capable of being reproduced in legible form.

(4) A formal communication sent in accordance with subsection (3) is to be taken to be received on the day it is sent.

Forms

194

(1) The Scottish Ministers may determine—

(a) the form of documents produced by virtue of this Act, and

(b) the manner in which those documents are to be conveyed.

(2) The Scottish Ministers may in particular determine that documents may be conveyed by electronic means.

Subordinate legislation

195

(1) Any power of the Scottish Ministers to make subordinate legislation under this Act is exercisable by statutory instrument.

(2) Any such power includes power to make—

(a) such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(b) different provision for different purposes.

(3) Except in any case where subordinate legislation under this Act is subject to the affirmative procedure or the super-affirmative procedure, subordinate legislation under this Act is subject to the negative procedure.

(4) Subsections (2) and (3) do not apply to an order under section 206(2).

Negative procedure

196

(1) Subsection (2) applies where subordinate legislation under this Act is subject to the negative procedure.

(2) The statutory instrument containing the subordinate legislation is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Affirmative procedure

197

(1) Subsection (2) applies where subordinate legislation under this Act is subject to the affirmative procedure.

(2) The subordinate legislation must not be made unless a draft of the statutory instrument containing the subordinate legislation has been laid before, and approved by resolution of, the Scottish Parliament.

Super-affirmative procedure

198

(1) Subsections (2) to (6) apply where subordinate legislation under this Act is subject to the super-affirmative procedure.

(2) The subordinate legislation must not be made unless a draft of the statutory instrument containing the subordinate legislation has been laid before, and approved by resolution of, the Scottish Parliament.

(3) Before laying a draft instrument before the Parliament under subsection (2), the Scottish Ministers must consult—

(a) such persons who are under 21 years of age as they consider appropriate, and

(b) such other persons as they consider appropriate.

(4) For the purposes of such a consultation, the Scottish Ministers must—

(a) lay a copy of the proposed draft instrument before the Parliament,

(b) publish in such a manner as the Scottish Ministers consider appropriate a copy of the proposed draft instrument, and

(c) have regard to any representations about the proposed draft instrument that are made to them within 60 days of the date on which the copy of the proposed draft instrument is laid before the Parliament.

(5) In calculating any period of 60 days for the purposes of subsection (4)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.

(6) When laying a draft instrument before the Parliament under subsection (2), the Scottish Ministers must also lay before the Parliament an explanatory document giving details of—

(a) the consultation carried out under subsection (3),

(b) any representations received as a result of the consultation, and

Interpretation

Meaning of “child”

199

(1) In this Act, “child” means a person who is under 16 18 years of age (but subject to subsections (2) to (9) subsection (2)).

(2) In paragraph (o) of section 67(2) and the other provisions of this Act in their application in relation to that paragraph, “child” means a person who is of school age.

(3) Subsection (4) applies where a person becomes 16 years of age—

(a) after section 66 applies in relation to the person, but

(b) before a relevant event.

(4) For the purposes of the application of this Act to the person, references in this Act to a child include references to the person until a relevant event occurs.

(5) A relevant event is—

(a) the making of a compulsory supervision order in relation to the person,

(b) the notification of the person under section 68(3) that the question of whether a compulsory supervision order should be made in respect of the person will not be referred to a children's hearing, or

(6) Subsection (7) applies if—

(a) a compulsory supervision order is in force in respect of a person on the person's becoming 16 years of age, or

(b) a compulsory supervision order is made in respect of a person on or after the person becomes 16 years of age.

(7) For the purposes of the application of the provisions of this Act relating to that order, references in this Act to a child include references to the person until whichever of the following first occurs—

(a) the order is terminated, or

(b) the person becomes 18 years of age.

(8) Subsection (9) applies where a case is remitted to the Principal Reporter under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995.

(9) For the purposes of the application of this Act to the person whose case is remitted, references in this Act to a child include references to the person until whichever of the following first occurs—

(a) a children's hearing or the sheriff discharges the referral,

(b) a compulsory supervision order made in respect of the person is terminated, or

Meaning of “relevant person”

200

(1) In this Act, “relevant person”, in relation to a child, means—

(a) a parent or guardian having parental responsibilities or parental rights in relation to the child under Part 1 of the 1995 Act,

(b) a person in whom parental responsibilities or parental rights are vested by virtue of section 11(2)(b) of the 1995 Act,

(d) a parent having parental responsibility for the child under Part 1 of the Children Act 1989 (c.41) (“the 1989 Act”),

(e) a person having parental responsibility for the child by virtue of—

(i) section 12(2) of the 1989 Act,

(ii) section 14C of the 1989 Act, or

(iii) section 25(3) of the Adoption and Children Act 2002 (c.38),

(f) a person in whom parental responsibilities or parental rights are vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4)),

(g) any other person specified by order made by the Scottish Ministers.

(2) For the purposes of subsection (1)(a), a parent does not have parental responsibilities or rights merely by virtue of an order under section 11(2)(d) or (e) of the 1995 Act.

(3) An order made under subsection (1)(g) is subject to the affirmative procedure.

Meaning of “relevant local authority”

201

(1) In this Act, “relevant local authority”, in relation to a child, means—

(a) the local authority in whose area the child predominantly resides, or

(b) where the child does not predominantly reside in the area of a particular local authority, the local authority with whose area the child has the closest connection.

(2) For the purposes of subsection (1)(a), no account is to be taken of—

(a) any period of residence in a residential establishment,

(b) any other period of residence, or residence in any other place, prescribed by the Scottish Ministers by regulations.

(3) For the purposes of subsection (1)(b), no account is to be taken of—

(a) any connection with an area that relates to a period of residence in a residential establishment,

(b) any other connection prescribed by the Scottish Ministers by regulations.

Interpretation

202

(1) In this Act, unless the context otherwise requires—

“the 1995 Act” means the Children (Scotland) Act 1995 (c.36),

“affirmative procedure” is to be construed in accordance with section 197,

“CHS” means Children's Hearings Scotland,

“chief social work officer” means the officer appointed under section 3 of the Social Work (Scotland) Act 1968 (c.49) by—in relation to a compulsory supervision order or an interim compulsory supervision order, the implementation authority,in relation to a medical examination order or a warrant to secure attendance, the relevant local authority for the child to whom the order or warrant relates,

“child assessment order” means an order mentioned in section 35,

“child protection order” means an order mentioned in section 37,

“compulsory supervision order” has the meaning given by section 83,

“contact order” has the meaning given by section 11(2)(d) of the 1995 Act,

“crime” has the meaning given in section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

“functions” includes powers and duties; and “confer”, in relation to functions, includes impose,

“grounds determination” has the meaning given by section 110(1),

“grounds hearing” has the meaning given by section 90,

“implementation authority”—in relation to a compulsory supervision order, has the meaning given by section 83(1)(b),in relation to an interim compulsory supervision order, has the meaning given by section 86(1)(b),

“interim compulsory supervision order” has the meaning given by section 86,

“interim variation”, in relation to a compulsory supervision order, has the meaning given by section 140,

“medical examination order” has the meaning given by section 87,

“movement restriction condition” has the meaning given by section 84,

“negative procedure” is to be construed in accordance with section 196,

“officer of law” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

“parental responsibilities” has the meaning given by section 1(3) of the 1995 Act,

“parental rights” has the meaning given by section 2(4) of the 1995 Act,

“permanence order” has the meaning given by section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4),

“place of safety”, in relation to a child, means—a residential or other establishment provided by a local authority,a community home within the meaning of section 53 of the Children Act 1989 (c.41),a police station,a hospital or surgery, the person or body of persons responsible for the management of which is willing temporarily to receive the child,the dwelling-house of a suitable person who is so willing, orany other suitable place the occupier of which is so willing,

“pre-hearing panel” has the meaning given by section 79(2)(a),

“prosecutor” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46),

“residential establishment” means—an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of this Act, the 1995 Act or the Social Work (Scotland) Act 1968 (c.49),a home in England or Wales that is—a community home within the meaning of section 53 of the Children Act 1989 (c.41),a voluntary home within the meaning of that Act, ora private children's home within the meaning of that Act, oran establishment in Northern Ireland that is— a private children’s home within the meaning of the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 ), an authority home provided under Part VII of that Order, ora voluntary home provided under Part VIII of that Order,

“safeguarder” has the meaning given by section 30(1),

“school age” has the meaning given by section 31 of the Education (Scotland) Act 1980 (c.44),

“secure accommodation” means accommodation provided for the purpose of restricting the liberty of children which— in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (asp 8) , in England, is provided in a children’s home (within the meaning of the Care Standards Act 2000 (c.14) (“the 2000 Act”)) in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43) , “secure accommodation” means accommodation in relation to England which— is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act, andis approved by the Secretary of State for the purpose of restricting the liberty of children,in Wales, is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act,

“secure accommodation authorisation” has the meaning given by section 85,

“statement of grounds” has the meaning given by section 89(3),

“subordinate legislation” means—an order,regulations, orrules,

“super-affirmative procedure” is to be construed in accordance with section 198,

“supporting facts” has the meaning given by section 90(1D),

“warrant to secure attendance” has the meaning given by section 88, and

“working day” means every day except—Saturday and Sunday,25 and 26 December,1 and 2 January.

(2) References in this Act to a decision of a children's hearing are references to a decision of a majority of the members of a children's hearing.

(2A) References in this Act to a determination of a pre-hearing panel are references to a determination of a majority of the members of a pre-hearing panel.

(3) References in this Act to varying a compulsory supervision order, an interim compulsory supervision order or a medical examination order include varying the order by adding or removing measures.

General

Consequential amendments and repeals

203

(1) Schedule 5 contains minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments specified in schedule 6, which include enactments that are spent, are repealed to the extent specified.

Ancillary provision

204

(1) The Scottish Ministers may by order make such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2) An order under subsection (1) may modify any enactment (including this Act).

(3) An order under this section containing provisions which add to, replace or omit any part of the text of an Act is subject to the affirmative procedure.

Transitional provision etc.

205

(1) The Scottish Ministers may by order make such provision as they consider necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

(2) An order under subsection (1) may modify any enactment (including this Act).

Short title and commencement

206

(1) This Act may be cited as the Children's Hearings (Scotland) Act 2011.

(2) The provisions of this Act, other than sections 193 to 202, 204, 205 and this section, come into force on such day as the Scottish Ministers may by order appoint.

(3) An order under subsection (2) may contain transitional, transitory or saving provision in connection with the coming into force of this Act.

SCHEDULE 1

Status

1

(1) CHS—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity or privilege of the Crown.

(2) CHS's property is not property of, or property held on behalf of, the Crown.

Membership

2

(1) The members of CHS are to be appointed by the Scottish Ministers.

(2) There are to be no fewer than five and no more than eight members.

(3) The Scottish Ministers may by order amend sub-paragraph (2) so as to substitute for the numbers of members for the time being specified there different numbers of members.

(4) A member holds and vacates office on terms and conditions determined by the Scottish Ministers.

(5) The Scottish Ministers may appoint a person to be a member only if satisfied that the person has knowledge and experience relevant to the functions of CHS and the National Convener.

(6) The Scottish Ministers may appoint a person to be a member only if satisfied that the person, after appointment, will have no financial or other interest that is likely to prejudicially affect the performance of the person's functions as a member of CHS.

(7) The Scottish Ministers may reappoint as a member a person who has ceased to be a member.

Persons disqualified from membership

3

A person is disqualified from appointment, and from holding office, as a member if the person is or becomes—

(a) a member of the House of Commons,

(b) a member of the Scottish Parliament, or

Resignation of members

4

A member of CHS may resign office by giving notice in writing to the Scottish Ministers.

Removal of members

5

(1) The Scottish Ministers may revoke the appointment of a member of CHS if—

(a) the member becomes insolvent,

(b) the member is incapacitated by physical or mental illness,

(d) the member is otherwise unfit to be a member or unable for any reason to discharge the functions of a member.

(2) For the purposes of sub-paragraph (1)(a) a member becomes insolvent when—

(a) a voluntary arrangement proposed by the member is approved,

(b) the member is adjudged bankrupt,

(d) the member's application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), or

(e) the member grants a trust deed for creditors.

Remuneration, allowances etc.

6

(1) CHS must pay to its members—

(a) such remuneration as the Scottish Ministers may determine, and

(b) such allowances in respect of expenses properly incurred by members in the performance of their functions as may be so determined.

(2) CHS must—

(a) pay to or in respect of any person who is or has been a member of CHS such pension, allowances or gratuities as the Scottish Ministers may determine, or

(b) make such payments as the Scottish Ministers may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

(3) Sub-paragraph (4) applies where—

(a) a person ceases to be a member otherwise than on the expiry of the person's term of office, and

(b) it appears to the Scottish Ministers that there are circumstances which make it right for the person to receive compensation.

(4) CHS must make a payment to the person of such amount as the Scottish Ministers may determine.

Chairing meetings

7

(1) The Scottish Ministers must appoint one of the members of CHS to chair meetings of CHS (the “chairing member”).

(2) The chairing member holds and vacates that office on terms and conditions determined by the Scottish Ministers.

(3) If a person is appointed as the chairing member for a period that extends beyond the period of the person's appointment as a member, the person's appointment as a member is taken to have been extended so that it ends on the same day as the period of appointment as chairing member ends.

(4) The chairing member may resign that office by giving notice in writing to the Scottish Ministers.

(5) If the chairing member is for any reason unable to chair a meeting of members, a majority of the members present at the meeting may elect one of those members to chair the meeting.

The National Convener

8

(1) CHS is, with the approval of the Scottish Ministers, to appoint a person as the National Convener (other than the first National Convener).

(2) CHS may, with the approval of the Scottish Ministers, reappoint a person as the National Convener.

(3) CHS must take reasonable steps to involve persons who are under 21 years of age in the process for selection of a person for appointment or reappointment under this paragraph.

(4) The period for which a person is appointed or reappointed under this paragraph is 5 years.

(5) A person appointed or reappointed under this paragraph holds and vacates office on terms and conditions determined by CHS and approved by the Scottish Ministers.

(6) The Scottish Ministers may by regulations prescribe qualifications that must be held by the National Convener.

(7) A person is disqualified from appointment, and from holding office, as the National Convener if the person is or becomes—

(a) a member of the House of Commons,

(b) a member of the Scottish Parliament, or

(8) The National Convener may appeal to the Scottish Ministers against dismissal by CHS.

(9) CHS is the respondent in an appeal under sub-paragraph (8).

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

(a) the procedure to be followed in appeals under sub-paragraph (8),

(b) the effect of making such an appeal,

(c) the powers of the Scottish Ministers for disposing of such appeals (including powers to make directions about liability for expenses),

(d) the effect of the exercise of those powers.

Supplementary powers of National Convener

9

The National Convener may do anything that the National Convener considers appropriate for the purposes of or in connection with the functions conferred on the National Convener by virtue of this Act or any other enactment.

Delegation of National Convener’s functions

10

(1) The functions of the National Convener conferred by virtue of this Act or any other enactment (other than the functions mentioned in sub-paragraph (2)) may be carried out on the National Convener's behalf by a person who is—

(a) authorised (whether specially or generally) by the National Convener for the purpose, or

(b) a person of a class of person authorised (whether specially or generally) by the National Convener for the purpose.

(2) The functions are—

(a) the function conferred by paragraph 24,

(b) functions conferred by paragraph 1(2) to (6) of schedule 2.

(3) The National Convener may not under sub-paragraph (1) authorise the Principal Reporter, SCRA or a local authority to carry out a function on behalf of the National Convener.

(4) The National Convener may not under sub-paragraph (1) authorise a person employed by SCRA or a local authority to carry out the function conferred on the National Convener by section 8.

(5) If under sub-paragraph (1) the National Convener delegates the function conferred on the National Convener by section 8, the National Convener may not delegate any other function to the same person under that sub-paragraph.

(6) Nothing in sub-paragraph (1) prevents the National Convener from carrying out any function delegated under that sub-paragraph.

(7) The Scottish Ministers may by regulations prescribe the qualifications to be held by a person to whom a function, or a function of a class, specified in the regulations is delegated.

(8) A person to whom a function is delegated under sub-paragraph (1) must comply with a direction given to the person by the National Convener about the carrying out of the function.

(9) CHS may pay to a person to whom a function is delegated under sub-paragraph (1) such expenses and allowances as the Scottish Ministers may determine.

Staff

11

(1) CHS may employ any staff necessary to ensure the carrying out of CHS's functions.

(2) Staff are employed on terms and conditions determined by CHS and approved by the Scottish Ministers.

(3) CHS may—

(a) pay a pension, allowance or gratuity, including by way of compensation for loss of employment, to or in respect of an eligible person,

(b) make payments towards the provision of a pension, allowance or gratuity, including by way of compensation for loss of employment, to or in respect of an eligible person,

(c) provide and maintain schemes (whether contributory or not) for the payment of a pension, allowance or gratuity, including by way of compensation for loss of employment, to or in respect of an eligible person.

(4) CHS may, with the approval of the Scottish Ministers, determine—

(a) who, of the persons who are or have ceased to be employees of CHS, are to be eligible persons, and

(b) the amount that may be paid or provided for.

(5) Sub-paragraphs (6) and (7) apply where—

(a) a person employed by CHS becomes a member of CHS, and

(b) the person was (because the person was an employee of CHS) a participant in a pension scheme established and administered by CHS for the benefit of its employees.

(6) CHS may determine that the person's service as a member of CHS is to be treated for the purposes of the scheme as service as an employee of CHS whether or not any benefits are to be payable to or in respect of the person under paragraph 6.

(7) Any discretion which the scheme confers on CHS as to the benefits payable to or in respect of the person is to be exercised only with the approval of the Scottish Ministers.

Area support teams: establishment and membership

12

(1) The National Convener must establish ... a committee (to be known as an area support team) for each area that the National Convener designates for the purposes of this paragraph.

(2) An area designated under sub-paragraph (1) is to consist of one or more local authority areas.

(3) The National Convener—

(a) must keep the designation of areas under sub-paragraph (1) under review, and

(b) may at any time revoke a designation or make a new one.

(3A) In exercising the powers to make and revoke designations, the National Convener must ensure that at all times each local authority area falls within an area designated under sub-paragraph (1).

(3B) Revocation of a designation under sub-paragraph (1) has the effect of dissolving the area support team established in consequence of the designation.

(3C) Before deciding to make or revoke a designation under sub-paragraph (1), the National Convener must consult each affected local authority.

(3D) In sub-paragraph (3C), “affected local authority” means—

(a) in the case of making a designation, each local authority whose area falls within the area proposed to be designated,

(b) in the case of revoking a designation, each constituent authority for the area support team established in consequence of the designation.

(3E) On making or revoking a designation under sub-paragraph (1), the National Convener must notify each local authority which was consulted under sub-paragraph (3C) in relation to the decision to make or revoke the designation.

(4) The National Convener must appoint as members of an area support team—

(a) one person nominated by each constituent authority (if the authority chooses to make a nomination),

(b) such other persons nominated by constituent authorities as the National Convener considers appropriate,

(d) sufficient other persons so that the number of members nominated by a local authority is no more than one third of the total number of members.

(5) An area support team may not include the Principal Reporter or a member or employee of SCRA.

(6) An area support team may establish sub-committees consisting of persons who are members of the area support team.

(7) In this paragraph and paragraphs 13 and 14 “constituent authority”, in relation to an area support team (or a proposed area support team), means a local authority whose area falls within the area of the area support team.

Transfer of members from CPACs

13

(1) This paragraph applies where

(a) the National Convener establishes an area support team under paragraph 12(1), and

(b) the area of the area support team consists of or includes a new area.

(2) The National Convener must notify each relevant CPAC member of the National Convener's intention to transfer the member to the area support team.

(3) A notice under sub-paragraph (2) must state that the relevant CPAC member will become a member of the area support team unless the member notifies the National Convener within 28 days of receiving the notice that the person does not wish to become a member of the area support team.

(4) A relevant CPAC member is a person who—

(a) at the time of the establishment of the area support team, is a member of a Children's Panel Advisory Committee whose area falls wholly within the new area concerned, and

(b) was nominated as such by the Scottish Ministers (or, as the case may be, by the Secretary of State) under paragraph 3 or 4(a) of Schedule 1 to the 1995 Act.

(5) The National Convener must appoint each relevant CPAC member as a member of the area support team unless the member notifies the National Convener in accordance with sub-paragraph (3).

(6) On appointment as a member of the area support team under sub-paragraph (5), a relevant CPAC member ceases to be a member of the Children's Panel Advisory Committee.

(7) In this paragraph—

“ area ”, in relation to a Children's Panel Advisory Committee, means the area of the local authority (or authorities) which formed the Children's Panel Advisory Committee,

“ Children's Panel Advisory Committee ” includes a joint advisory committee within the meaning of paragraph 8 of Schedule 1 to the 1995 Act.

“ new area” means an area which has never previously been the area (or part of the area) of an area support team.

Area support teams: functions

14

(1) An area support team is to carry out for its area the functions conferred on the National Convener by section 6.

(2) The National Convener may delegate to an area support team to carry out for its area—

(a) a function conferred on the National Convener by paragraph 1(1) of schedule 2,

(b) other functions of the National Convener specified for the purpose by the National Convener.

(3) The National Convener may not specify for the purpose of sub-paragraph (2)(b) the functions conferred on the National Convener by section 8.

(4) Before delegating a function under sub-paragraph (2) to be carried out by an area support team the National Convener must consult each constituent authority.

(5) A function to be carried out by an area support team by virtue of sub-paragraph (1) or (2) may not be delegated by the area support team to a person who is not a member of the area support team.

(6) Nothing in sub-paragraph (1) or (2) prevents the National Convener from carrying out any function mentioned in those sub-paragraphs.

(7) An area support team must comply with a direction given to it by the National Convener about—

(a) the carrying out of the functions mentioned in sub-paragraph (1),

(b) the carrying out of a function delegated to it under sub-paragraph (2).

(8) Before giving a direction to an area support team as mentioned in sub-paragraph (7) the National Convener must consult each constituent authority.

(9) A constituent authority must provide an area support team with such administrative support as the National Convener considers appropriate.

(10) In sub-paragraph (9), “administrative support” means staff, property or other services which the National Convener considers are required to facilitate the carrying out by an area support team of its functions.

Committees

15

(1) CHS may establish committees.

(2) The members of committees may include persons who are not members of CHS.

(3) A committee must not consist entirely of persons who are not members of CHS.

(4) CHS must pay to a person who is not a member of CHS and who is appointed to a committee such remuneration and allowances as CHS may, with the approval of the Scottish Ministers, determine.

(5) A committee must comply with any directions given to it by CHS.

(6) In this paragraph, only sub-paragraph (4) applies in relation to area support teams.

CHS’s supplementary powers

16

(1) CHS may do anything that it considers appropriate for the purposes of or in connection with its functions.

(2) CHS may in particular—

(a) acquire and dispose of land and other property,

(b) enter into contracts,

(d) publish, or assist in the publication of, materials relating to those functions,

(e) promote, or assist in the promotion of, publicity relating to those functions.

Procedure

17

(1) CHS may determine—

(a) its own procedure (including quorum), and

(b) the procedure (including quorum) of any of its committees.

(2) An area support team may determine—

(a) its own procedure (including quorum), and

(b) the procedure (including quorum) of any of its sub-committees.

Delegation of CHS’s functions

18

(1) Any function of CHS (whether conferred by virtue of this Act or any other enactment) may be carried out on its behalf by—

(a) a member of CHS,

(b) a committee of CHS, or

(2) Nothing in sub-paragraph (1) prevents CHS from carrying out any function delegated under that sub-paragraph.

Financial interests

19

(1) The Scottish Ministers must from time to time satisfy themselves that the members of CHS have no financial or other interest that is likely to prejudicially affect the performance of their functions as members of CHS.

(2) A member must comply with a requirement of the Scottish Ministers to give them any information that the Scottish Ministers consider necessary to enable them to comply with sub-paragraph (1).

Grants

20

(1) The Scottish Ministers may make grants to CHS of amounts that they determine.

(2) A grant is made subject to any conditions specified by the Scottish Ministers (including conditions about repayment).

Accounts

21

(1) CHS must—

(a) keep proper accounts and accounting records,

(b) prepare for each financial year a statement of accounts, and

(2) Each statement of accounts must comply with any directions given by the Scottish Ministers as to—

(a) the information to be contained in it,

(b) the manner in which the information is to be presented,

(3) The Scottish Ministers must send a copy of each statement of accounts to the Auditor General for Scotland for auditing.

(4) In this paragraph, “financial year” means—

(a) the period beginning on the date on which CHS is established and ending—

(i) on 31 March next occurring, or

(ii) if that period is of less than 6 months' duration, on 31 March next occurring after that, and

(b) each subsequent period of a year ending on 31 March.

Provision of accounts and other information to Scottish Ministers

22

(1) The Scottish Ministers may direct CHS to give them accounts or other information specified in the direction relating to CHS's property and activities or proposed activities.

(2) CHS must—

(a) give the Scottish Ministers accounts or any other information that it is directed to give under sub-paragraph (1),

(b) give the Scottish Ministers facilities for the verification of the information given,

(c) permit any person authorised by the Scottish Ministers to inspect and make copies of accounts and any other documents of CHS for the purposes of verifying the information given, and

(d) give the person an explanation, reasonably required by the person, of anything that the person is entitled to inspect.

CHS’s annual report

23

(1) CHS must, as soon as is reasonably practicable after the end of each financial year, prepare and submit to the Scottish Ministers a report on the carrying out of its functions during the year.

(2) The report must include a copy of so much of the report made to CHS by the National Convener as relates to the year.

(3) CHS may include in the report any other information that it considers appropriate.

(4) The Scottish Ministers must lay before the Scottish Parliament each report submitted to them.

(5) In this paragraph, “financial year” means—

(a) the period beginning on the date on which CHS is established and ending—

(i) on 31 March next occurring, or

(ii) if that period is of less than 6 months' duration, on 31 March next occurring after that, and

(b) each subsequent period of a year ending on 31 March.

National Convener’s annual report

24

(1) The National Convener must, as soon as is reasonably practicable after the end of each financial year, prepare and submit to CHS a report on the carrying out during the year of the functions conferred on the National Convener by virtue of this Act or any other enactment.

(2) The National Convener may include in the report any other information that the National Convener considers appropriate.

(3) In this paragraph, “financial year” means—

(a) the period beginning with the appointment of the first National Convener and ending—

(i) on 31 March next occurring, or

(ii) if that period is of less than 6 months' duration, on 31 March next occurring after that, and

(b) each subsequent period of a year ending on 31 March.

Validity of proceedings and actions

25

The validity of proceedings or actions of CHS (including proceedings or actions of any of its committees) is not affected by—

(a) any vacancy in the membership of CHS or any of its committees,

(b) any defect in the appointment of a member of CHS or any of its committees, or

SCHEDULE 2

Recruitment and tenure of panel members

1

(1) The National Convener may make arrangements for the recruitment of persons as members of the Children's Panel (a person appointed as a member being referred to in this schedule as a “panel member”).

(2) It is for the National Convener to appoint persons as panel members from those recruited under sub-paragraph (1).

(3) The National Convener must reappoint as a panel member a person whose appointment has ceased unless—

(a) the person declines to be reappointed, or

(b) the National Convener is satisfied that sub-paragraph (4) applies.

(4) This sub-paragraph applies if the person is unfit to be a panel member by reason of—

(a) inability,

(b) conduct, or

(5) The period for which a person is appointed or reappointed as a panel member is 3 years.

(6) The National Convener may, with the consent of the Lord President of the Court of Session, remove a panel member during the period mentioned in sub-paragraph (5) if satisfied that sub-paragraph (4) applies.

List of panel members

2

(1) The National Convener must publish a list setting out in relation to each panel member—

(a) the member's name,

(b) the local authority area in which the member resides, and

(2) The National Convener must make the list available for public inspection.

Training

3

(1) The National Convener may train, or make arrangements for the training of, panel members and potential panel members.

(2) The National Convener must take reasonable steps to involve persons who are under 25 years of age and in respect of whom a children's hearing has been held in the development and delivery of training under sub-paragraph (1).

(3) The National Convener must, in training (or making arrangements for the training of) panel members under sub-paragraph (1), have regard to the need to provide training on how panel members may best elicit the views of a child to whom a children's hearing relates.

(4) The National Convener may monitor the performance of panel members.

Allowances

4

(1) The National Convener may, with the approval of the Scottish Ministers, determine the allowances to be paid to—

(a) panel members,

(b) potential panel members.

(2) Different determinations may be made for different cases or different classes of case.

(3) The National Convener may pay to panel members and potential panel members allowances determined under sub-paragraph (1).

SCHEDULE 3

Status

1

(1) SCRA—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity or privilege of the Crown.

(2) SCRA's property is not property of, or property held on behalf of, the Crown.

Membership

2

(1) The members of SCRA are to be appointed by the Scottish Ministers.

(2) There are to be no fewer than five and no more than eight members.

(3) The Scottish Ministers may by order amend sub-paragraph (2) so as to substitute for the numbers of members for the time being specified there different numbers of members.

(4) A member holds and vacates office on terms and conditions determined by the Scottish Ministers.

(5) The Scottish Ministers may appoint a person to be a member only if satisfied that the person has knowledge or experience relevant to the functions of SCRA and the Principal Reporter.

(6) The Scottish Ministers may appoint a person to be a member only if satisfied that the person, after appointment, will have no financial or other interest that is likely to prejudicially affect the performance of the person's functions as a member of SCRA.

(7) The Scottish Ministers may reappoint as a member a person who has ceased to be a member.

Persons disqualified from membership

3

A person is disqualified from appointment, and from holding office, as a member if the person is or becomes—

(a) a member of the House of Commons,

(b) a member of the Scottish Parliament, or

Resignation of members

4

A member of SCRA may resign office by giving notice in writing to the Scottish Ministers.

Removal of members

5

(1) The Scottish Ministers may revoke the appointment of a member of SCRA if—

(a) the member becomes insolvent,

(b) the member is incapacitated by physical or mental illness,

(d) the member is otherwise unfit to be a member or unable for any reason to discharge the functions of a member.

(2) For the purposes of sub-paragraph (1)(a) a member becomes insolvent when—

(a) a voluntary arrangement proposed by the member is approved,

(b) the member is adjudged bankrupt,

(d) the member's application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), or

(e) the member grants a trust deed for creditors.

Remuneration, allowances etc.

6

(1) SCRA must pay to its members—

(a) such remuneration as the Scottish Ministers may determine, and

(b) such allowances in respect of expenses properly incurred by members in the performance of their functions as may be so determined.

(2) SCRA must—

(a) pay to or in respect of any person who is or has been a member of SCRA such pension, allowances or gratuities as the Scottish Ministers may determine, or

(b) make such payments as the Scottish Ministers may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

(3) Sub-paragraph (4) applies where—

(a) a person ceases to be a member otherwise than on the expiry of the person's term of office, and

(b) it appears to the Scottish Ministers that there are circumstances which make it right for the person to receive compensation.

(4) SCRA must make a payment to the person of such amount as the Scottish Ministers may determine.

Chairing meetings

7

(1) The Scottish Ministers must appoint one of the members of SCRA to chair meetings of SCRA (the “chairing member”).

(2) The chairing member holds and vacates that office on terms and conditions determined by the Scottish Ministers.

(3) If a person is appointed as the chairing member for a period that extends beyond the period of the person's appointment as a member, the person's appointment as a member is taken to have been extended so that it ends on the same day as the period of appointment as chairing member ends.

(4) The chairing member may resign that office by giving notice in writing to the Scottish Ministers.

(5) If the chairing member is for any reason unable to chair a meeting of members, a majority of the members present at the meeting may elect one of those members to chair the meeting.

The Principal Reporter

8

(1) The Principal Reporter is to be appointed by SCRA with the approval of the Scottish Ministers.

(2) SCRA 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 sub-paragraph (1).

(3) The Principal Reporter holds and vacates that office on terms and conditions determined by SCRA and approved by the Scottish Ministers.

(4) The Scottish Ministers may by regulations prescribe qualifications that must be held by the Principal Reporter.

(5) A person is disqualified from appointment, and from holding office, as the Principal Reporter if the person is or becomes—

(a) a member of the House of Commons,

(b) a member of the Scottish Parliament, or

(6) The Principal Reporter may appeal to the Scottish Ministers against dismissal by SCRA.

(7) SCRA is the respondent in an appeal under sub-paragraph (6).

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

(a) the procedure to be followed in appeals under sub-paragraph (6),

(b) the effect of making such an appeal,

(c) the powers of the Scottish Ministers for disposing of such appeals (including powers to make directions about liability for expenses),

(d) the effect of the exercise of those powers.

(9) Nothing in this paragraph affects any appointment in force on the commencement of this paragraph.

Supplementary powers of Principal Reporter

9

The Principal Reporter may do anything that the Principal Reporter considers appropriate for the purposes of or in connection with the functions conferred on the Principal Reporter by virtue of this Act or any other enactment.

Delegation of Principal Reporter’s functions

10

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