Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013

in consequence of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”).

Paragraph 2 amends Chapter 1 of the 1997 Act of Sederunt in order to amend the definition of “Principal Reporter”.

Paragraph 3 contains consequential amendments to Chapter 3 of the 1997 Act of Sederunt in virtue of the 2011 Act. Chapter 3 presently prescribes the procedure to be followed in applications under the Children (Scotland) Act 1995. It is amended so as to prescribe the procedure to be followed under the 2011 Act as well as under that Act. In particular:

• paragraph 3(5) inserts a new rule 3.3A about the attendance of children at hearings under the 2011 Act;

• paragraph 3(8) inserts a new rule 3.5A about the confidentiality of documents lodged in process;

• paragraph 3(20) substitutes new provision about applications for evidence by live link;

• paragraph 3(28) omits Part VI of Chapter 3 (warrants for further detention of a child) in consequence of the repeal of section 67 of the 1995 Act by schedule 6 to the 2011 Act;

• paragraph 3(34) inserts a new rule 3.46A enabling sheriffs to make orders securing the expeditious determination of applications;

• paragraph 3(48) inserts a new Part VIIA of Chapter 3 in respect of applications by local authorities under section 166(2) of the 2011 Act for review of a decision or determination to impose a duty on the local authority;

• paragraph 3(52) inserts a new rule 3.61A which specifies the procedure to be followed in applications under sections 163(2), 164(2) or 165(2) of the 2011 Act to the sheriff principal for leave to appeal the sheriff principal’s decision to the Court of Session;

• paragraph 3(54) substitutes new provision about applications for review of a grounds determination;

• paragraph 3(57) inserts a new Part XA of Chapter 3 concerning intimation requirements for certain orders under the 2011 Act;

• paragraph 3(62) inserts a new rule 3.76A and includes it (and the following rules 3.77 to new rule 3.81A) in a new Part XIA which applies where an application is made for the admission of restricted evidence in proceedings where the section 67 ground involves sexual behaviour engaged in by any person.

Paragraph 4 makes amendments to the Forms in Schedule 1 to the 1997 Act of Sederunt. In particular:

• paragraph 4(6) substitutes Forms 31, 31A and 31B for Form 31 (Citation of child);

• paragraph 4(8) inserts a new Form 32A (Form of First Order under the Children’s Hearings (Scotland) Act 2011);

• paragraph 4(15) inserts a new Form 39A (Notice to relevant person in application under section 94(2)(a) of the Children’s Hearings (Scotland) Act 2011 (procedural hearing fixed));

• paragraph 4(20) substitutes Forms 44A and 44B for Form 44 (Application for authorisation of the giving of evidence by a child by means of a live television link);

• paragraph 4(35) substitutes new Forms 60 to 63 for the existing Forms 60 to 63, and inserts a new Form 63A;

• paragraph 4(36) substitutes new Forms 64, 64A and 64B for Form 64 (Intimation to child in application under section 51 of the Children (Scotland) Act 1995);

• paragraph 4(38) inserts new Forms 65A, 65B, 65C, 65D and 65E; and

• paragraph 4(43) revokes Forms 30, 38 and 59 (which concern the further detention of a child under section 67 of the 1995 Act).

Paragraph 5 amends the Ordinary Cause Rules by inserting a new Chapter 33C on referrals by the court to the Principal Reporter. It also revokes Part XIV of Chapter 33 and Part XII of Chapter 33A, which presently make provision of this nature.

Paragraph 6 amends the Sheriff Court Adoption Rules, principally to amend the terminology used. Paragraph 6(3) substitutes a new rule 3 concerning referrals by the court to the Principal Reporter.

Paragraph 7 revokes the Act of Sederunt (Legal Aid Rules) (Children) 1987 in consequence of the revocation of the Legal Aid (Scotland) (Children) Regulations 1997 by the Children’s Hearings (Scotland) Act 2011 (Transitional, Savings and Supplementary Provisions) Order 2013.

Paragraph 8 contains transitional and saving provisions: the Act of Sederunt (Legal Aid Rules) (Children) 1987, the 1997 Act of Sederunt, the Sheriff Court Adoption Rules and the Ordinary Cause Rules continue to have effect as they did before 24th June 2013 for the purpose of any proceedings raised but not concluded prior to that date, subject to the provisions of articles 6 to 11 of the Children’s Hearings (Scotland) Act 2011 (Transitional, Savings and Supplementary Provisions) Order 2013.

Footnotes

[^f00001]: 1971 c. 58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 2, paragraph 12; the Civil Evidence (Scotland) Act 1988 (c.32), section 2(4); the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 18(2); the Adults with Incapacity (Scotland) Act 2000 (asp 4) (the “2000 asp”), schedule 5, paragraph 13; the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43; the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(2); the Consumer Credit Act 2006 (c.14), section 16(4); the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (the “2007 asp”) section 33 and schedule5, paragraph10 (in part). Section 32 is amended prospectively by the Children’s Hearings (Scotland) Act 2011 (asp 1) (the “2011 asp”), section 185. Section 32 was extended by the Debtors (Scotland) Act 1987 (c.18), section 97; the Child Support Act 1991 (c.48), sections 39(2) and 49; and section 2(4) of the 2000 asp.

[^f00002]: 1995 c. 36.

[^f00003]: 2011 asp 1.

[^f00004]: S.I. 1987/427.

[^f00005]: S.I. 1997/291. Amended by S.I. 1998/2130; and by S.S.I. 2000/388; 2002/560; 2003/44, 2005/190; 2006/75 and 411; 2007/468; 2009/29, 284 and 449; 2010/137 and 279; 2011/386; and 2012/188 and 271.

[^f00006]: 1907 c.51. Schedule1 was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445; S.S.I. 2000/239 and 408; 2001/8 and 144; 2002/7, 128 and 560; 2003/25, 26 and 601; 2004/197 and 350; 2005/20, 189, 638 and 648; 2006/198, 207, 293, 410 and 509; 2007/6, 339, 440 and 463; 2008/121, 223 and 365; 2009/107, 164, 284, 285, 294 and 402; 2010/120, 279, 324, 340 and 416; 2011/193, 289 and 386; 2012/188, 221 and 271; and 2013/91, 135 and 139.

[^f00007]: S.S.I. 2009/284, as amended by S.S.I. 2012/271 and 2013/139.

[^f00008]: Rule 3.59 was amended by S.S.I. 1998/2130.

[^f00009]: Rule 3.66 was inserted by S.S.I. 2005/190.

[^f00010]: Rule 3.75 was inserted by S.S.I. 2005/190 and amended by S.S.I. 2006/75.

[^f00011]: Rule 3.76 was inserted by S.S.I. 2005/190.

[^f00012]: Rule 3.68 was inserted by S.S.I. 2005/190.

[^f00013]: Rule 3.69B was inserted by S.S.I. 2006/75.

[^f00014]: Rule 3.71 was inserted by S.S.I. 2005/190.

[^f00015]: Rule 3.78 was inserted by S.S.I. 2005/190.

[^f00016]: Rule 3.79 was inserted by S.S.I. 2005/190.

[^f00017]: Chapter 34 was last amended by S.S.I. 2010/324.

[^f00018]: Part XIV of Chapter 33 was inserted by S.I. 1996/2167 and amended by S.S.I. 2005/648.

[^f00019]: Part XII of Chapter 33A was inserted by S.S.I. 2005/638.

[^f00020]: S.S.I. 2013/150.