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The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013

Type Scottish-Statutory-Instrument

Publication 2013-05-30

Last updated 2025-04-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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(1) Any documents which are given to a safeguarder by the Reporter under, or by virtue of, the Act or any other enactment must be kept securely in the safeguarder's custody and returned to the Reporter on the termination of the safeguarder's appointment.

(2) The safeguarder must not cause or permit any information which they have obtained by virtue of their appointment as a safeguarder under the Act to be disclosed, except as permitted by virtue of the Act or any other enactment.

10

(1) Any documents which are given to members of the children's hearing or pre-hearing panel must be given by the Reporter to any of the following persons attending the children's hearing or pre-hearing panel where that person so requests—

(a) a member of the Administrative Justice and Tribunals Council or the Scottish Committee of that Council (acting in that person's capacity as such);

(b) a member of an area support team (acting in that person's capacity as such).

(2) Where documents are given to a person under paragraph (1) those documents must be kept securely in that person's custody and returned to the Reporter at the conclusion of the children's hearing or pre-hearing panel to which they relate.

(3) The person to whom the documents are given under paragraph (1) must not cause or permit any information which they have obtained by virtue of their attendance at a pre-hearing panel or children's hearing to be disclosed, except as permitted by the Act or these Rules.

11

(1) Where a person mentioned in paragraph (3) (referred to in this rule as “the accompanied person”) is accompanied at a children's hearing or pre-hearing panel by a representative that representative may assist the accompanied person to discuss any issues arising for discussion before the children's hearing or pre-hearing panel.

(2) The right of the accompanied person to be represented at the children's hearing or pre-hearing panel is without prejudice to any right of the accompanied person to legal representation by a solicitor or counsel.

(3) The persons referred to in paragraph (1) are—

(a) the child,

(b) any relevant person,

(d) any person who is or wants to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A.

12

(1) This rule applies where section 66(1) (investigation and determination by Principal Reporter) of the Act applies.

(2) The Reporter must keep a record of—

(a) the name and address (if available) of any person providing the notice, information, statement or evidence;

(b) the details of any investigation carried out by the Reporter under section 66 of the Act;

(d) the details of any action taken by the Reporter under sections 68(2), 68(5) (determination under section 66: no referral to children's hearing) or 72(2) (child in place of safety: Principal Reporter's powers) of the Act.

(3) Where the Reporter is required to arrange a children's hearing under section 69(2) (determination under section 66: referral to children's hearing) of the Act the Reporter must notify—

(a) where the information was provided under section 60 (local authority's duty to provide information to Principal Reporter) of the Act, the local authority which provided the information;

(b) where the information was provided under section 61 (constable's duty to provide information to Principal Reporter) of the Act or section 53(2) of the Criminal Justice (Scotland) Act 2016 (duty to inform Principal Reporter if child not being prosecuted), the chief constable of the Police Service of Scotland.

13

(1) The Reporter must keep a record of the proceedings at each children's hearing and pre-hearing panel held by virtue of the Act or any other enactment.

(2) The record to be kept by the Reporter must include the information mentioned in paragraph (3) and such other information about the proceedings as the Reporter considers appropriate.

(3) That information is—

(a) the particulars of the place and date of the children's hearing or pre-hearing panel;

(b) the full name and address, date of birth and sex of the child in relation to whom the children's hearing or pre-hearing panel is held;

(d) which of the persons mentioned in sub-paragraphs (b) and (c) attended the children's hearing or pre-hearing panel;

(e) the full name and address of any representative attending the children's hearing or pre-hearing panel;

(f) the full name and address of any safeguarder attending the children's hearing or pre-hearing panel;

(g) the details of any other person attending the children's hearing or pre-hearing panel;

(h) the details of any decision or determination made by the children's hearing or pre-hearing panel or any other course of action taken by the children's hearing or pre-hearing panel;

(i) where the children's hearing to which the record relates is a grounds hearing—

(i) the details of any section 67 ground which is accepted, or not accepted, or is not understood and by whom;

(ii) the detail of any direction given by the grounds hearing under section 93(2)(a) (grounds not accepted: application to sheriff or discharge) or 94(2)(a) (child or relevant person unable to understand grounds) of the Act to the Reporter to make an application to the sheriff.

14

Where the statement of grounds prepared by the Reporter under section 89 (Principal Reporter's duty to prepare statement of grounds) of the Act includes a ground mentioned in section 67(2)(j) (the child has committed an offence) the facts relating to that ground must have the same degree of specification as is required by section 138(4) (complaints) of, and Schedule 3 (indictments and complaints) to, the Criminal Procedure (Scotland) Act 1995 in a charge in a complaint, and the statement of grounds must also specify the nature of the offence in question.

15

(1) Where information is to be withheld from a person under the Act or these Rules the Reporter must ensure that the relevant information is removed from the report or other document or information to be given under the Act, or these Rules, to the person from whom that information is to be withheld.

(2) Where information is withheld under the Act or these Rules the Reporter must inform the persons to whom the report or other document or information has been given under the Act, or these Rules, of the identity of the person from whom the information is being withheld, and what information is being withheld from that person.

16

(1) This rule applies where a children's hearing or pre-hearing panel is to be held or has been held in relation to a child by virtue of the Act or these Rules and the Reporter is arranging the hearing, notifying persons of the hearing or issuing information or documents for the hearing or is taking any action required as a consequence of the hearing.

(2) Where the Reporter is carrying out the functions referred to in paragraph (1) and considers that disclosing the whereabouts of the child to whom the children's hearing or pre-hearing panel relates, or of any relevant person, would be likely to cause significant harm to the child or any relevant person the Reporter may withhold that information.

(3) Where the address of the child or relevant person is withheld under paragraph (2) the Reporter will give the address of the child or relevant person as that of the Reporter.

17

(1) This rule applies where the children's hearing has granted a warrant to secure the attendance of the child at a children's hearing under section 123 (general power to grant warrant to secure attendance) of the Act and the child is being kept in a place of safety under that warrant.

(2) The Reporter must, wherever practicable, arrange the children's hearing to take place on the first working day after the child was first detained in pursuance of the warrant.

18

(1) This rule applies where, under the Act or these Rules, the Reporter must—

(a) notify a child of the date, time and place of a children's hearing or pre-hearing panel to be held in relation to that child; or

(b) provide a child with any information, confirmation, report or other document in relation to a children's hearing or pre-hearing panel.

(2) The Reporter need not so notify the child or provide the information, confirmation, report or other document where, taking account of the child's age and maturity, the child would not be capable of understanding the notification, information, confirmation, report or other document.

19

(1) An individual who is to be afforded an opportunity to participate in relation to a children’s hearing by virtue of rule 2A is authorised to attend the hearing for a period (or periods) beginning and ending in accordance with paragraph (2).

(2) A period—

(a) begins at such time as the chairing member considers appropriate, and

(b) ends when the chairing member decides that the individual’s attendance is no longer necessary for the proper consideration of how a decision of the hearing may affect contact or the possibility of contact between the individual and the child.

20

(1) An individual who is authorised to attend a children’s hearing by virtue of rule 19 may appoint another person to be the individual’s representative.

(2) The individual’s representative is authorised to attend the children’s hearing as a person accompanying the individual (see rule 11).

21

This part does not apply where rule 29 or 36 applies.

22

(1) Where a children's hearing is to be held in relation to a child by virtue of section 69(2) (determination under section 66: referral to children's hearing) or Parts 9 to 11 (children's hearing; proceedings before sheriff; subsequent children's hearings) or 13 (review of compulsory supervision order) of the Act the Reporter must notify the persons mentioned in paragraph (2) of the date, time and place of the children's hearing, as soon as practicable and no later than 7 days before the intended date of the children's hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(ba) any individual who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;

(c) any other individual who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) any appointed safeguarder;

(e) the chief social work officer of the relevant local authority for the child;

(f) the National Convener.

23

The Reporter must when issuing the notice under rule 22(1) to the child and each relevant person also give to the child and each relevant person—

(a) information on the availability to the child and relevant person of legal advice;

(b) confirmation of the child's duty to attend the children's hearing under section 73 (child's duty to attend children's hearing) of the Act;

(c) confirmation of the relevant person's duty to attend the children's hearing under section 74 (relevant person's duty to attend children's hearing) of the Act;

(d) confirmation of the right of the child and each relevant person to request a pre-hearing panel or children's hearing to determine whether—

(i) a particular individual should be deemed to be a relevant person;

(ii) the child or relevant person should be excused from all or part of the children's hearing;

(iii) it is likely that the children's hearing will consider making a compulsory supervision order including a secure accommodation authorisation in relation to the child;

(e) information on the means by which the child and each relevant person may express views to the children's hearing;

(f) confirmation of the right of the child and each relevant person to give any report or other document for the consideration of the children's hearing or pre-hearing panel.

24

(1) Where rule 22 applies, when issuing the notification required under that rule the Reporter must also give to any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child the information mentioned in paragraph (2).

(2) That information is confirmation of the right of the individual to require a pre-hearing panel or a children's hearing to determine whether the individual should be deemed to be a relevant person.

25

Wherever practicable 7 days before, and no later than 3 days before, the intended date of the children's hearing the Reporter must give to the three members of the children's hearing notification of the date, time and place of the hearing.

26

(1) Where the child or any relevant person wish to give to a children's hearing to be held by virtue of section 69(2) (determination under section 66: referral to children's hearing) or Parts 9 to 11 (children's hearing; proceedings before sheriff; subsequent children's hearings), or 13 (review of compulsory supervision order) of the Act any report or other document for the consideration of the children's hearing the child or relevant person, as the case may be, must give a copy of the report or other document to the Reporter, so far as practicable, no later than 4 days before the intended date of the hearing.

(2) Wherever practicable the Reporter must give a copy of any report or other document given under paragraph (1) to the persons mentioned in paragraph (4) (except where that person gave the report or other document to the Reporter) no later than 3 days before the intended date of the hearing.

(3) Where the Reporter obtains any information (including any views of the child given orally to the Reporter) or document which is material to the children's hearing and has not previously been given to the persons mentioned in paragraph (4) the Reporter must give that information or a copy of the document to those persons as soon as possible before the beginning of the children's hearing.

(4) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the children's hearing.

(5) Where an individual is to be afforded an opportunity to participate in relation to a children’s hearing by virtue of rule 2A, the Reporter must—

(a) as soon as practicable before the hearing begins, give the individual a copy of any contact direction that regulates contact between the individual and the child, and

(b) give the individual any information (including information contained in a document) that—

(i) the Reporter is required by these Rules to give to a relevant person, and

(ii) is about—

(aa) the individual,

(bb) contact between the child and the individual, or

(cc) how contact or the possibility of contact between the child and the individual may be affected by a decision of the children’s hearing.

(6) But paragraph (5)(b) does not require the Reporter to give an individual the statement of grounds prepared by the Reporter under section 89 of the Act (Principal Reporter’s duty to prepare statement of grounds).

(7) Where the Reporter is required by these Rules to give a copy of a report or other document to the members of a children’s hearing before the hearing begins, the Reporter must also give a copy of the report or other document to—

(a) the chief social work officer of the relevant local authority for the child, or

(b) if the child is subject to a compulsory supervision order or an interim compulsory supervision order, the chief social work officer of the implementation authority.

(8) Paragraph (7) does not require the Reporter to give the chief social work officer of an authority a copy of a report or other document prepared, or given to the Reporter, by the authority.

27

(1) Where the Reporter is required to arrange a grounds hearing, when notifying the date, time and place of the intended children's hearing under rule 22 the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3).

(2) Those persons are—

(a) the child;

(b) each relevant person; and

(3) That information is—

(a) a copy of the statement of grounds prepared under section 89 (Principal Reporter's duty to prepare statement of grounds) of the Act in relation to the child;

(b) information relating to the retention of the child's DNA and other records kept in connection with the acceptance by the child and relevant person, or the establishment by the sheriff, of an offence specified in an order made by the Scottish Ministers under section 113A(6)(ba) (criminal record certificates) of the Police Act 1997 ;

(4) Where the Reporter is required to arrange a grounds hearing, no later than 3 days before the intended date of the hearing the Reporter must also give to the persons mentioned in paragraph (5) the information mentioned in paragraph (6).

(5) Those persons are—

(a) the child;

(b) each relevant person; and

(6) That information is—

(a) a copy of any available report or interim report prepared by a safeguarder under section 33(1)(a) (functions of safeguarder) of the Act;

(b) a copy of any report or information provided by the local authority to the Reporter under section 66(4) (investigation and determination by Principal Reporter) or 69(4) (determination under section 66: referral to children's hearing) of the Act;

(d) a copy of any other report or other document material to the children's hearing's consideration.

(7) This rule does not apply where rule 29 applies.

28

(1) Wherever practicable 7 days before, and no later than 3 days before, the intended date of the grounds hearing the Reporter must give to the three members of the children's hearing a copy of the statement of grounds.

(2) No later than 3 days before the intended date of the grounds hearing the Reporter must give to the three members of the children's hearing—

(a) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(b) a copy of any available report or interim report prepared by a safeguarder under section 33(1)(a) (functions of safeguarder) of the Act;

(c) a copy of any report or information provided by the local authority to the Reporter under section 66(4) (investigation and determination by Principal Reporter) or 69(4) (determination under section 66: referral to children's hearing) of the Act;

(d) a copy of any views of the child given to the Reporter by the child or any other person;

(e) a copy of any other report or other document material to the children's hearing's consideration.

(3) This rule does not apply where rule 29 applies.

29

(1) This rule applies where—

(a) section 69(3) of the Act applies; or

(b) following receipt of a notice under section 43 (notice of child protection order) of the Act of the making of a child protection order the Reporter is required to arrange a children's hearing under section 69(2) of the Act which is to be held no later than—

(i) where the order contains an authorisation of the type mentioned in section 37(2)(b) (child protection orders) of the Act, the end of the period of 8 working days beginning on the day after the day on which the child was removed to a place of safety; or

(ii) where the order does not contain such an authorisation, the end of the period of 8 working days beginning on the day after the day on which the order was made.

(2) As soon as practicable before the beginning of the grounds hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.

(3) Those persons are—

(a) the child;

(b) each relevant person;

(ca) any individual who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;

(d) any other individual who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) the three members of the children's hearing;

(f) the National Convener.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in paragraph (5) as is available.

(5) That information is the information mentioned in rules 23, 26, 27 and where applicable rule 30.

(5A) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(ca)—

(a) the information mentioned in rule 23A, and

(b) any information (including information contained in a document) that—

(i) the Reporter is required by these Rules to give to a relevant person, and

(ii) is about—

(aa) the individual,

(bb) contact between the child and the individual, or

(cc) how contact or the possibility of contact between the child and the individual may be affected by a decision of the children’s hearing.

(5B) But paragraph (5A)(b) does not require the Reporter to give an individual the statement of grounds prepared by the Reporter under section 89 of the Act (Principal Reporter’s duty to prepare statement of grounds).

(6) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) the information mentioned in paragraph (7) as is available.

(7) That information is—

(a) the information mentioned in rules 26, 28 and where applicable rule 30;

(b) a copy of any relevant child protection order made in relation to the child under section 38 or 39 of the Act.

(8) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.

(9) Where the Reporter is required by these Rules to give a copy of a report or other document to the members of a children’s hearing before the hearing begins, the Reporter must also give a copy of the report or other document to—

(a) the chief social work officer of the relevant local authority for the child, or

(b) if the child is subject to a compulsory supervision order or an interim compulsory supervision order, the chief social work officer of the implementation authority.

(10) Paragraph (9) does not require the Reporter to give the chief social work officer of an authority a copy of a report or other document prepared, or given to the Reporter, by the authority.

30

(1) This rule applies where a grounds hearing is to be arranged and a compulsory supervision order is already in force in relation to the child to whom the hearing relates.

(2) No later than 3 days before the intended date of the children's hearing the Reporter must in addition to the information to be given under this Part give to the persons mentioned in paragraph (3) the information mentioned in paragraph (4).

(3) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the children's hearing.

(4) That information is—

(a) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;

(b) a copy of any notice by the implementation authority under section 131 (duty of implementation authority to require review) of the Act.

(5) This rule does not apply where rule 29 applies.

31

(1) Where the Reporter is required to arrange a children's hearing to which section 119 of the Act applies, as soon as practicable, and at least 3 days before the intended date of the children's hearing, the Reporter must give to the following persons the information mentioned in paragraph (2)—

(a) the child;

(b) each relevant person;

(2) That information is—

(a) any available report or interim report prepared by the safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act or these Rules;

(b) any report prepared by the local authority;

(c) a copy of any relevant direction by a sheriff under section 108 (determination: ground established), 115 (recall: power to refer other grounds) or 117 (new section 67 ground established: sheriff to refer to children's hearing) of the Act;

(d) a copy of any relevant remit by a court under section 49 (reference or remit to children's hearing) of the Criminal Procedure (Scotland) Act 1995 ;

(e) a copy of any relevant statement by a sheriff under section 12(1B) (sheriff's power to refer case to children's hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004 ;

(f) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(g) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;

(h) any other report, document or information relevant to the matter to be considered by the children's hearing.

(3) This rule does not apply where rule 33 applies.

32

Where rule 31 applies, wherever practicable 7 days before, and no later than 3 days before, the intended date of the children's hearing the Reporter must give to the three members of the children's hearing—

(a) a copy of the statement of grounds;

(b) any available report or interim report prepared by the appointed safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act or these Rules;

(d) a copy of any relevant direction by a sheriff under section 108 (determination: ground established), 115 (recall: power to refer other grounds) or 117 (new section 67 ground established: sheriff to refer to children's hearing) of the Act;

(e) a copy of any relevant remit by a court under section 49 (reference or remit to children's hearing) of the Criminal Procedure (Scotland) Act 1995;

(f) a copy of any relevant statement by a sheriff under section 12(1B) (sheriff's power to refer case to children's hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;

(g) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(h) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;

(i) a copy of any decision of a pre-hearing panel or children's hearing held in relation to the child and the reasons for that decision;

(j) any other report, document or information relevant to the matter to be considered by the children's hearing;

(k) a copy of any relevant child protection order made in relation to the child under section 38 (consideration by sheriff: application by local authority only) or 39 (consideration by sheriff: application by local authority or other person) of the Act.

(2) This rule does not apply where rule 33 applies.

33

(1) This rule applies where section 109(7), 115(5) or 117(5) of the Act applies.

(2) As soon as practicable before the beginning of the children's hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.

(3) Those persons are—

(a) the child;

(b) each relevant person;

(d) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) the three members of the children's hearing.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in rules 23, 26 and 31 as is available.

(5) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) such of the information mentioned in rules 26 and 32 as is available.

(6) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.

34

(1) Where the Reporter is required to arrange a children's hearing by virtue of section 137(2) of the Act, as soon as practicable and no later than 7 days before the intended date of the children's hearing the Reporter must also give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3).

(2) Those persons are—

(a) the child;

(b) each relevant person;

(3) That information is—

(a) a copy of the compulsory supervision order to be reviewed;

(b) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;

(c) a copy of any relevant remit by a court under section 49 (reference or remit to children's hearing) of the Criminal Procedure (Scotland) Act 1995;

(d) a copy of any relevant requirement by a sheriff under section 12(1A) (sheriff's power to refer case to children's hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;

(e) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(f) a copy of any notice by the implementation authority under section 131 (duty of implementation authority to require review) of the Act.

(4) No later than 3 days before the intended date of the hearing the Reporter must also give to the persons mentioned in paragraph (5) the information mentioned in paragraph (6).

(5) Those persons are—

(a) the child;

(b) each relevant person;

(6) That information is—

(a) a copy of any available report or interim report prepared by an appointed safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act;

(b) a copy of any report or other information provided by the local authority under section 137(4) or (5) (duty to arrange children's hearing) of the Act;

(d) a copy of any other report or other document material to the children's hearing's consideration.

(7) This rule does not apply where rule 36 applies.

35

(1) Where rule 34 applies no later than 3 days before the intended date of the children's hearing to which section 137 of the Act applies, the Reporter must give to the three members of that children's hearing—

(a) a copy of the compulsory supervision order to be reviewed;

(b) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;

(c) a copy of any relevant remit by a court under section 49 (reference or remit to children's hearing) of the Criminal Procedure (Scotland) Act 1995;

(d) a copy of any relevant requirement by a sheriff under section 12(1A) (sheriff's power to refer case to children's hearing) of the Antisocial Behaviour etc. (Scotland) Act 2004;

(e) a copy of any relevant requirement made by a sheriff under section 156(3)(a) (determination of appeal) of the Act;

(f) a copy of any notice by the implementation authority under section 131 (duty of implementation authority to require review) of the Act;

(g) a copy of any available report or interim report prepared by a safeguarder under section 33(1)(a) or (c) (functions of safeguarder) of the Act;

(h) a copy of any report or other information provided by the local authority under section 137(4) or (5) (duty to arrange children's hearing) of the Act;

(i) a copy of any views of the child given to the Reporter by the child or any other person;

(j) a copy of any other report or other document material to the children's hearing's consideration.

(2) This rule does not apply where rule 36 applies.

36

(1) This rule applies where section 136 of the Act applies.

(2) As soon as practicable before the beginning of the children's hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the hearing.

(3) Those persons are—

(a) the child;

(b) each relevant person;

(ca) any individual who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;

(d) any other individual who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) the three members of the children's hearing;

(f) the National Convener.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (c) such of the information mentioned in rules 23, 26 and 34 as is available.

(4A) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(ca)—

(a) the information mentioned in rule 23A, and

(b) any information (including information contained in a document) that—

(i) the Reporter is required by these Rules to give to a relevant person, and

(ii) is about—

(aa) the individual,

(bb) contact between the child and the individual, or

(cc) how contact or the possibility of contact between the child and the individual may be affected by a decision of the children’s hearing.

(4B) But paragraph (4A)(b) does not require the Reporter to give an individual the statement of grounds prepared by the Reporter under section 89 of the Act (Principal Reporter’s duty to prepare statement of grounds).

(5) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(e) such of the information mentioned in rules 26 and 35 as is available.

(6) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(d) the information mentioned in rule 24.

(7) Where the Reporter is required by these Rules to give a copy of a report or other document to the members of a children’s hearing before the hearing begins, the Reporter must also give a copy of the report or other document to—

(a) the chief social work officer of the relevant local authority for the child, or

(b) if the child is subject to a compulsory supervision order or an interim compulsory supervision order, the chief social work officer of the implementation authority.

(8) Paragraph (7) does not require the Reporter to give the chief social work officer of an authority a copy of a report or other document prepared, or given to the Reporter, by the authority.

37

(1) This rule applies where—

(a) a grounds hearing deferred making a decision on whether to make a compulsory supervision order until a subsequent children's hearing under section 91(2) (grounds accepted: powers of grounds hearing) of the Act or directed the Reporter under section 93(2)(a) (grounds not accepted: application to sheriff or discharge) or 94(2)(a) (child or relevant person unable to understand grounds) of the Act to make an application to the sheriff; or

(b) a children's hearing to which section 119 (children's hearing following deferral or proceedings under Part 10) of the Act applies is to be arranged by the Reporter;

and in either case the Reporter is required by virtue of section 69(2) (determination under section 66: referral to children's hearing) of the Act to arrange a further grounds hearing in relation to that child.

(2) In addition to complying with Part 7 of these Rules the Reporter must also comply, so far as practicable, with Part 8.

38

(1) This rule applies where—

(a) the Reporter is required by virtue of section 137(2) (duty to arrange children's hearing) of the Act to arrange a children's hearing in relation to the child; and

(b) the Reporter is required by virtue of section 69(2) (determination under section 66: referral to children's hearing) of the Act to arrange a grounds hearing in relation to that child.

(2) In addition to complying with Part 7 of these Rules the Reporter must also comply, so far as practicable, with Part 9.

39

(1) This rule applies where section 45(2) or 46(2) of the Act applies.

(2) As soon as practicable before the beginning of the children's hearing, the Reporter must notify the persons mentioned in paragraph (3) of the date, time and place of the children's hearing.

(3) Those persons are—

(a) the child;

(b) each relevant person;

(c) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) the person who applied for the child protection order or child assessment order, as the case may be;

(e) the person specified in the child protection order under section 37(2)(a) (child protection orders) of the Act;

(f) any other person prescribed by rules of court for the purposes of section 48 (application for variation or termination) or 49 (notice of application for variation or termination) of the Act;

(g) the three members of the children's hearing;

(h) any appointed safeguarder;

(i) the chief social work officer of the relevant local authority for the child;

(j) the National Convener.

(4) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (3)(a) to (i) such of the information mentioned in paragraph (5) as is available.

(5) That information is—

(a) a copy of the child protection order;

(b) a copy of the application for the child protection order, or child assessment order, as the case may be;

40

(1) Where a hearing is to be arranged under section 50 of the Act, as soon as practicable after determining to arrange the hearing the Reporter must notify the persons mentioned in paragraph (2) of the date, time and place of the children's hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(c) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) the person who applied for the child protection order, or child assessment order, as the case may be;

(e) the person who applied for the child protection order to be varied or terminated;

(f) the person specified in the child protection order under section 37(2)(a) (child protection orders) of the Act;

(g) any other person, to whom the applicant for variation or termination of a child protection order is required to give notice of the making of the application, prescribed by rules of court for the purposes of section 48 (application for variation or termination) or 49 (notice of application for variation or termination) of the Act;

(h) the three members of the children's hearing;

(i) any appointed safeguarder;

(j) the chief social work officer of the relevant local authority for the child;

(k) the National Convener.

(3) As soon as practicable before the beginning of the hearing, the Reporter must give to the persons mentioned in paragraph (2)(a) to (j) such of the information mentioned in paragraph (4) as is available.

(4) That information is—

(a) a copy of the child protection order;

(b) a copy of the application for the child protection order or child assessment order, as the case may be;

(c) a copy of the application under section 48 of the Act for the variation or termination of the child protection order;

(d) any other relevant document or information.

41

(1) This rule applies where a children's hearing under section 96(2) of the Act is to be arranged by the Reporter.

(2) Wherever practicable when issuing notice under rule 22 and in all cases no later than 7 days before the intended date of the children's hearing, the Reporter must give to the persons mentioned in paragraph (3) the information mentioned in paragraph (4).

(3) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the children's hearing;

(4) That information is—

(a) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;

(b) a copy of any interim compulsory supervision order made in relation to the child;

42

(1) Where section 126 of the Act applies, the Reporter must, as soon as practicable and no later than 3 days after the children's hearing mentioned in section 126(1)(a) of the Act, inform those persons mentioned in paragraph (2) of the place, date and time of any children's hearing to be held under section 126(2)(a) or (b) of the Act and the right of those mentioned in paragraph (2)(a) to (g) to attend that hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(c) any person other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(d) any person who has a contact order regulating contact between the individual and the child;

(e) any person having a right of contact with the child under a permanence order;

(f) any person who requested a children's hearing be held under section 126(2)(b) of the Act;

(g) any appointed safeguarder;

(h) the three members of the children's hearing;

(i) the chief social work officer of the implementation authority or relevant local authority for the child as the case may be;

(j) the National Convener.

(3) Wherever possible when informing the persons mentioned in paragraph 2(a) to (h) and in all cases no later than 3 days prior to the intended date of the children's hearing under section 126 of the Act, the Reporter must give to those persons—

(a) a copy of the contact direction in the relevant order made by the children's hearing mentioned in section 126(1) of the Act and the reasons for that contact direction;

(b) any document or part of any document which is relevant to the children's hearing to be held under section 126 of the Act.

(4) In this rule “relevant order” means—

(a) a compulsory supervision order;

(b) an interim compulsory supervision order;

43

(1) This rule applies where a children's hearing under section 142(3) of the Act deferred determining the review under section 142(2) of the Act until a subsequent children's hearing.

(2) Wherever practicable when issuing notice under rule 22 and in all cases as soon as practicable before the beginning of the children's hearing to be held by virtue of section 142 of the Act, the Reporter must give to the persons mentioned in paragraph (3) any relevant document or other information for the consideration of the children's hearing.

(3) Those persons are—

(a) the child;

(b) any relevant person;

(d) the three members of the children's hearing.

44

(1) Where a children's hearing is required to provide a report under section 49(1)(b), (3) or (6) of the Criminal Procedure (Scotland) Act 1995 , as soon as practicable and no later than 7 days before the intended date of the hearing the Reporter must notify the persons mentioned in paragraph (2) of the date, time and place of the hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the children's hearing;

(e) the chief social work officer of the relevant local authority for the child;

(f) the National Convener.

(3) As soon as practicable and no later than 3 days before the intended date of the hearing, the Reporter must give to the persons mentioned in paragraph (2)(a) to (c) such of the information mentioned in paragraph (4) as is available.

(4) That information is—

(a) a copy of any relevant remit by a court under section 49 of the Criminal Procedure (Scotland) Act 1995;

(b) copies of all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;

(c) confirmation of the child's duty to attend the children's hearing under section 73 (child's duty to attend children's hearing) of the Act;

(d) confirmation of the relevant person's duty to attend the children's hearing under section 74 (relevant person's duty to attend children's hearing) of the Act;

(e) information on the means by which the child may express views to the children's hearing;

(f) confirmation of the right of the child and each relevant person to give any report or other document for the consideration of the children's hearing.

(5) As soon as practicable and no later than 3 days before the intended date of the hearing, the Reporter must give to the persons mentioned in paragraph (2)(d) such of the information mentioned in paragraph (4)(a) and (b) as is available.

45

(1) Where a pre-hearing panel is to be arranged by virtue of section 79(2)(a) or (b) (referral of certain matters for pre-hearing determination) of the Act (whether or not it is also to determine any matter mentioned in section 79(2)(ba) or (bb), (3) or (5A) of the Act ), wherever practicable at least 5 days before the intended date of the pre-hearing panel the Reporter must give notice of the pre-hearing panel to the persons mentioned in paragraph (2).

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) any appointed safeguarder;

(f) the three members of the pre-hearing panel;

(g) the National Convener.

(3) The notice must inform—

(a) the persons mentioned in paragraph (2) of the date, time and place of the pre-hearing panel;

(b) the persons mentioned in paragraph (2)(a) to (e) that they—

(i) have the right to attend the pre-hearing panel;

(ii) subject to paragraph (3A)(b), may make representations (orally or in writing) to the pre-hearing panel relating to whether the individual mentioned in paragraph (2)(c) or (d) should be deemed to be a relevant person;

(iii) may give any report or other document relevant to that matter for the consideration of the pre-hearing panel;

(iv) have the right to request that the Reporter takes all reasonable steps to enable the child, each relevant person, or the individual in question, as the case may be, to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication; and

(c) the individual mentioned in paragraph (2)(c) or (d) that the individual, if deemed a relevant person under section 81(3) (determination of claim that person be deemed a relevant person) of the Act after that determination has been made, may request the pre-hearing panel to determine any matter mentioned in section 79(3) of the Act.

(3ZA) Where the pre-hearing panel will also determine in respect of an individual a matter referred under section 79(2)(ba) or (bb) of the Act, the notice must—

(a) state that fact and the name of the person,

(b) inform the individual mentioned in paragraph (2)(c) or (d) that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(ba) or (bb) of the Act unless the individual is deemed to be a relevant person,

(c) inform any individual whose status as a relevant person has been referred under section 79(5A) of the Act that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(ba) or (bb) of the Act unless the individual continues to be deemed to be a relevant person,

(d) inform the persons mentioned in paragraph (2)(a), (b) or (e), subject to sub-paragraph (c), that they may—

(i) make representations (orally or in writing) to the pre-hearing panel in relation to the matter referred under section 79(2)(ba) or (bb) of the Act, and

(ii) give any report or other document relevant to that matter for the consideration of the pre-hearing panel.

(3A) Where the pre-hearing panel will also determine a matter referred under section 79(5A)(a) or (b) (power to determine that deeming of person as relevant person to end) of the Act, the notice must—

(a) state that fact and the name of the individual whose status as a relevant person has been referred under section 79(5A) of the Act;

(b) inform the individual mentioned in sub-paragraph (a) that, notwithstanding paragraph (3)(b)(ii) above, the individual will not be entitled to take part in any discussion on matters referred under section 79(2)(a) or (b) of the Act unless they continue to be deemed to be a relevant person; and

(i) make representations (orally or in writing) to the pre-hearing panel in relation to the matter referred under section 79(5A) of the Act; and

(ii) give any report or other document relevant to that matter for the consideration of the pre-hearing panel.

(4) Where the pre-hearing panel will also determine any other matter referred under section 79(2)(c) of the Act the notice must state that fact and—

(a) inform the individual mentioned in paragraph (2)(c) or (d) that the individual will not be entitled to take part in any discussion on that matter unless they are deemed to be a relevant person; ...

(aa) inform any individual whose status as a relevant person has been referred under section 79(5A) of the Act that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(c) unless they continue to be deemed to be a relevant person; and

(b) inform the persons mentioned in paragraph (2)(a), (b) or (e) , subject to sub-paragraph (aa), that they may—

(i) make representations (orally or in writing) to the pre-hearing panel in relation to any matter to be determined by the panel; and

(ii) give any report or other document relevant to those matters for the consideration of the pre-hearing panel.

(5) Paragraph (6) applies where an individual is both—

(a) a person in respect of whom a matter has been referred to the pre-hearing panel under section 79(2)(ba) or (bb) of the Act, and

(b) a person mentioned in paragraph (2)(c) or (d).

(6) The notice—

(a) is not to inform the individual referred to in paragraph (5) of the things that it would otherwise be required to by virtue of paragraph (3ZA), and

(b) is instead to inform the individual that the individual may—

(i) make representations (orally or in writing) to the pre-hearing panel relating to the matter in respect of the individual that has been referred under section 79(2)(ba) or (bb) of the Act, and

(ii) give any report or other document relevant to that matter for the consideration of the pre-hearing panel.

(7) Paragraph (8) applies where an individual is both—

(a) a person in respect of whom a matter has been referred to the pre-hearing panel under section 79(2)(ba) or (bb) of the Act, and

(b) a person whose status as a relevant person has been referred to the pre-hearing panel under section 79(5A) of the Act.

(8) The notice—

(a) is not to inform the individual referred to in paragraph (7) of the things that it would otherwise be required to by virtue of paragraph (3ZA), and

(b) is instead to inform the individual that—

(i) the individual may make representations (orally or in writing) to the pre-hearing panel relating to the matter in respect of the individual that has been referred under section 79(2)(ba) or (bb) of the Act,

(ii) the individual may give any report or other document relevant to that matter for the consideration of the pre-hearing panel,

(iii) if a matter has been referred under section 79(2)(ba) or (bb) of the Act in respect of another person too, the individual will not be entitled to take part in any discussion on that matter unless the individual continues to be deemed to be a relevant person.

46

(1) Where a pre-hearing panel is to be arranged by virtue only of section 79(2)(c) of the Act wherever practicable at least 5 days before the intended date of the pre-hearing panel the Reporter must give notice of the pre-hearing panel to the persons mentioned in paragraph (2).

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) the three members of the pre-hearing panel;

(e) the National Convener.

(3) The notice must inform—

(a) the persons mentioned in paragraph (2) of the date, time and place of the pre-hearing panel;

(b) the persons mentioned in paragraph (2)(a) to (d) of the matters to be determined by the pre-hearing panel; and

(i) have the right to attend the pre-hearing panel;

(ii) may make representations (orally or in writing) to the pre-hearing panel;

(iii) may give any report or other document for the consideration of the pre-hearing panel;

(iv) have the right to request that the Reporter takes all reasonable steps to enable the child and each relevant person to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication.

47

(1) Where any person with a right to make representations wishes to make written representations or give any report or other document for the consideration of the pre-hearing panel, as soon as possible and wherever practicable no later than 4 days before the intended date of the pre-hearing panel, that person must give those representations, report or other document to the Reporter.

(2) Subject to the provisions of paragraphs (6) and (7), where the Reporter receives any representations, report or other document under paragraph (1), wherever practicable no later than 3 days before the intended date for the pre-hearing panel the Reporter must give a copy of that information to the persons mentioned in rule 45(2)(a) to (f) , 46(2)(a) to (d) or 46A(2)(a) to (d), as the case may be, (unless that person gave the information in question to the Reporter).

(3) Where any person with a right to make representations is unable to attend the pre-hearing panel and wishes to make oral representations for the consideration of the pre-hearing panel that person may make those representations to the Reporter.

(4) The Reporter must make a record of any representations given under paragraph (3) and give a copy of that record to those persons mentioned in rule 45(2)(a) to (f) , 46(2)(a) to (d) or 46A(2)(a) to (d), as the case may be, as soon as possible before the beginning of the pre-hearing panel.

(5) As soon as possible before the beginning of the pre-hearing panel the Reporter must also give the persons mentioned in rule 45(2)(a) to (f) , 46(2)(a) to (d) or 46A(2)(a) to (d), as the case may be, any other document, or part of a document, that is relevant to the issues to be determined by the pre-hearing panel and is in the possession of the Reporter.

(6) Where the matter referred to a pre-hearing panel concerns the question of whether a particular person should be deemed to be a relevant person or continue to be deemed to be a relevant person, the obligation under paragraph (2) shall only apply to such material as the Reporter considers relevant to the question of whether that person should be deemed to be a relevant person or continue to be deemed to be a relevant person.

(6A) Where a matter in respect of an individual has been referred to the pre-hearing panel under section 79(2)(ba) or (bb) of the Act, and the individual is not a person referred to in paragraph (8)(a), the Reporter must give to the individual any information (including information contained in a document) that—

(a) the Reporter is required by this rule to give to a relevant person, and

(b) is relevant to the matter that has been referred in respect of the individual.

(7) The provisions of Part 19 of these Rules apply to any representations, report or other document received by the Reporter under paragraph (1) as they apply to any document relating to a children's hearing.

(8) In this rule, references to a person with a right to make representations refer—

(a) to the persons mentioned in paragraph (2) of whichever of rules 45, 45A, 46 or 46A applies to the pre-hearing panel, apart from—

(i) the members of the pre-hearing panel, and

(ii) the National Convener, and

(b) to any individual in respect of whom a matter has been referred to the pre-hearing panel under section 79(2)(ba) or (bb) of the Act.

48

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The pre-hearing panel, despite a referral not having been made under section 79(2) (referral of certain matters for pre-hearing determination) of the Act, must consider whether to deem an individual, who is present at the pre-hearing panel, to be a relevant person on the request of—

(a) the child;

(b) any relevant person;

(3) Where the pre-hearing panel is to consider whether to deem an individual to be a relevant person under paragraph (2) the provisions of the Act (other than section 80 (determination of matter referred under section 79)) and these Rules apply as if the matter had been referred under section 79 of the Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

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

50

(1) As soon as practicable after the pre-hearing panel the Reporter must give notice of any determination of the pre-hearing panel and the reasons for that determination to the persons mentioned in paragraph (2) as regards—

(a) whether any individual should or should not be deemed to be a relevant person; ...

(b) whether an individual should continue to be deemed to be a relevant person in relation to the child; and

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) the chief social work officer of the relevant local authority for the child.

(3) Where a pre-hearing panel determined that an individual is not to be deemed a relevant person, as soon as practicable after the pre-hearing panel the Reporter must give notice of that determination to the individual in question and the reasons for that determination.

(3A) Where the pre-hearing panel determined that an individual is no longer to be deemed a relevant person, as soon as practicable after the pre-hearing panel the Reporter must give notice of that determination to the individual in question and the reasons for that determination.

(4) When issuing the notice under paragraph (1) , (3) or (3A) the Reporter must also give notice of any relevant right of appeal of the recipient of the notice under section 160 (appeal to sheriff against relevant person determination) of the Act.

(4A) When a pre-hearing panel has determined whether an individual is to be afforded an opportunity to participate in relation to a children’s hearing by virtue of rule 2A, as soon as practicable after the pre-hearing panel, the Reporter must give notice of that determination to the individual and the reasons for that determination.

(5) Where the pre-hearing panel has determined that a child or relevant person is to be excused from attending all or part of the children's hearing, the Reporter must inform the child and relevant person as the case may be, that—

(a) the child or relevant person has been excused;

(b) the child or relevant person has the right to attend the hearing; and

(c) they have the right to request that the Reporter make arrangements to enable the child, or the relevant person, as the case may be, to attend the children's hearing or part of the children's hearing by way of telephone, video link or any other method of communication.

(6) Where the pre-hearing panel has determined that it is likely that a children's hearing will consider making a compulsory supervision order or an interim compulsory supervision order including a secure accommodation authorisation in relation to the child, the Reporter must, as soon as possible after that determination, notify the Scottish Legal Aid Board of that fact and the name and address of the child.

(7) Where the pre-hearing panel has determined that—

(a) for the purpose of enabling a child or any relevant person to participate effectively in the proceedings before the children's hearing it may be necessary that the child or relevant person be represented by a solicitor or counsel; and

(b) it is unlikely that the child or relevant person will arrange to be represented by a solicitor or counsel,

the Reporter must, as soon as possible after that determination, notify the Scottish Legal Aid Board of that determination and the reasons for it and the name and address of the child or relevant person.

51

Where the pre-hearing panel deems a person to be a relevant person under section 81(3) (determination of claim that person be deemed a relevant person) of the Act, as soon as practicable after that determination, the Reporter must give to that person all information given under these Rules which is to be given to each relevant person.

52

(1) Where section 80(3) (determination of matter referred under section 79) of the Act applies, as soon as practicable, the Reporter must give notice to the persons mentioned in paragraph (2) that the matter to be referred to a pre-hearing panel under section 79(2) or 79(5A) of the Act will be referred to the children's hearing.

(2) Those persons are—

(a) the child;

(b) each relevant person;

(d) any individual other than a relevant person who appears to the Reporter to have or recently have had significant involvement in the upbringing of the child;

(e) any appointed safeguarder;

(f) the three members of the children's hearing.

(3) The notice under paragraph (1) must inform—

(a) the persons mentioned in paragraph (2)(a) to (e)—

(i) of the date, time and place of the children's hearing;

(ii) of the matters to be determined by the children's hearing by virtue of section 80(3) of the Act;

(iii) that they have the right to attend that part of the children's hearing;

(iv) that they have the right to request that the Reporter takes all reasonable steps to enable the child, relevant person, or the person mentioned in paragraph (2)(c) or (d), as the case may be, to attend the children's hearing by way of telephone, through video link or by using any other method of communication;

(v) that they may make representations (orally or in writing) to the children's hearing relating to any matter referred under section 79 of the Act, except where paragraph (4) , (5) or (6) applies;

(vi) that they may give any report or other document relevant to that matter for the consideration of the children's hearing; and

(b) the individual mentioned in paragraph (2)(c) or (d), that the individual, where deemed to be a relevant person under section 81(3) (determination of claim that person be deemed a relevant person) of the Act, may request the children's hearing to determine any matter mentioned in section 79(3) of the Act.

(4) Where the children’s hearing will determine a matter referred under section 79(5A) of the Act the notice must inform the individual whose status as a relevant person has been referred under that section that the individual will not be entitled to take part in any discussion on any matter also referred under section 79(2) unless the individual continues to be deemed to be a relevant person.

(5) Where the children’s hearing will determine any matter referred under section 79(2)(c) of the Act the notice must inform the individual mentioned in paragraph (2)(c) or (d) that the individual will not be entitled to take part in any discussion on that matter unless they are deemed to be a relevant person or they continue to be deemed to be a relevant person.

(6) In the circumstance described by paragraph (7), the notice—

(a) is not to inform the individual referred to in that paragraph of the thing that it would otherwise be required to by virtue of paragraph (4) or (as the case may be) (5),

(b) is instead to inform the individual that, unless the individual is deemed or continues to be deemed a relevant person, the individual will not be entitled to take part in any discussion on any matter that has been referred under section 79(2) of the Act other than a matter that has been referred in respect of the individual.

(7) The circumstance referred to in paragraph (6) is that the children’s hearing will determine in respect of the same individual—

(a) a matter that has been referred under section 79(2)(ba) or (bb) of the Act, and

(b) a matter that has been referred under section 79(2)(a), (b) or (5A) of the Act.

53

(1) Where any person mentioned in rule 52(2)(a) to (e) wishes to make written representations or give any report or other document for the consideration of the children's hearing, as soon as practicable, and wherever practicable no later than 4 days before the date fixed for the children's hearing that person must give those representations, report or other document to the Reporter.

(2) Where the Reporter receives any representations, reports or other document under paragraph (1), as soon as practicable before the beginning of the children's hearing, the Reporter must give a copy of that information to the persons mentioned in rule 52(2) (unless that person gave the information in question to the Reporter).

(3) Where any person mentioned in rule 52(2)(a) to (e) is unable to attend the children's hearing and wishes to make oral representations for the consideration of the children's hearing that person may make those representations to the Reporter.

(4) The Reporter must make a record of any representations given under paragraph (3) and give a copy of that record to those persons mentioned in rule 52(2) as soon as practicable before the beginning of the children's hearing.

(5) As soon as practicable before the beginning of the children's hearing the Reporter must also give the persons mentioned in rule 52(2) any other document or part of a document that is relevant to the issues under section 79 of the Act to be determined by the children's hearing and is in the possession of the Reporter.

(6) Where the children’s hearing will determine in respect of an individual a matter which has been referred under section 79(2)(ba) or (bb) of the Act, and the individual is not a person mentioned in rule 52(2), the Reporter must give to the individual any information (including information contained in a document) that—

(a) the Reporter is required by this rule to give to a relevant person, and

(b) is either—

(i) relevant to the matter under section 79(2)(ba) or (bb) of the Act that has been referred in respect of the individual, or

(ii) is otherwise about—

(aa) the individual,

(bb) contact between the child and the individual, or

(cc) how contact or the possibility of contact between the child and the individual may be affected by a decision of the children’s hearing.

(7) But paragraph (6) does not require the Reporter to give an individual the statement of grounds prepared by the Reporter under section 89 of the Act (Principal Reporter’s duty to prepare statement of grounds).

54

Where by virtue of section 80(3) (determination of matter referred under section 79) of the Act the children's hearing is to determine a matter referred under section 79 of the Act—

(a) rules 47A (other than paragraph (1)) to 48A apply; and

(b) references in those rules to the pre-hearing panel are to be read as references to the children's hearing.

55

(1) A children's hearing held in relation to a child by virtue of section 69(2) (determination under section 66: referral to children's hearing) or Part 9 to 11 (children's hearing; proceedings before sheriff; subsequent children's hearings) or 13 (review of compulsory supervision order) of the Act, despite a referral not having been made under section 79 of the Act, must consider whether to deem an individual who is present at the hearing to be a relevant person on the request of—

(a) the child;

(b) any relevant person;

(2) Where the children's hearing is to consider whether to deem an individual to be a relevant person under paragraph (1) the provisions of the Act (other than section 80 (determination of matter referred under section 79) and these Rules apply as if the matter had been referred under section 79 of the Act.

56

(1) Where the pre-hearing panel appoint a safeguarder for the child the Reporter must—

(a) inform the safeguarder of the date, time and place (if known) of the next children's hearing to be held in relation to the child; and

(b) give to the safeguarder the information mentioned in paragraph (3), as soon as practicable before the intended date of the hearing.

(2) Where the children's hearing appoint a safeguarder for the child the Reporter must—

(a) inform the safeguarder of the date, time and place (if known) of the next children's hearing to be held in relation to the child, or the hearing to take place under Part 10 (proceedings before sheriff) of the Act, as the case may be; and

(b) give to the safeguarder the information mentioned in paragraph (3) as soon as practicable and no later than 7 days before the intended date of the hearing.

(3) That information is—

(a) any information given to the three members of the children's hearing under these Rules;

(b) a copy of the pre-hearing panel's or the children's hearing's decision and the reasons for that decision; and

(4) Where the safeguarder is required to prepare a report under section 33(1)(a) (functions of safeguarder) of the Act, within 35 days of being appointed the safeguarder must prepare and give a report or interim report to the Reporter.

(5) Where an interim report is given to the Reporter under paragraph (4) the safeguarder must also give to the Reporter—

(a) a statement explaining the reasons for the production of an interim report;

(b) details of further investigations or information to be sought by the safeguarder; and

57

(1) Where the Reporter receives from a safeguarder any report or interim report prepared under section 33(1)(a) or (c) (functions of safeguarder) of the Act, as soon as practicable after receiving that report or interim report the Reporter must arrange a children's hearing to decide whether to make a compulsory supervision order or to review the compulsory supervision order in effect in relation to the child, as the case may be.

(2) Where the Reporter arranges a children's hearing under paragraph (1) and the children's hearing is to make a decision on whether to make a compulsory supervision order the provisions of section 119 (children's hearing following deferral or proceedings under Part 10) of the Act apply to that hearing as if it was arranged by virtue of section 119(2) of the Act.

(3) Where the Reporter arranges a children's hearing under paragraph (1) and the children's hearing is to review the compulsory supervision order in effect in relation to the child section 137 (duty to arrange children's hearing) of the Act applies to that hearing as if it was arranged by virtue of section 137(2) of the Act.

58

(1) At the beginning of a children's hearing the chairing member must—

(a) introduce the members of the children's hearing and explain the purpose of the hearing;

(b) ask whether the child, each relevant person and any appointed safeguarder has received all relevant information and documents sent under these Rules;

(c) confirm whether the child, each relevant person and any appointed safeguarder has had the opportunity to review the information and documents sent under these Rules and whether these have been understood by the child and each relevant person.

(2) Where, in response to the chairing member's query under section 121 (confirmation that child given opportunity to express views before hearing) of the Act, the child confirms that the documents provided to the child do not accurately reflect the child's views the chairing member must endeavour to clarify the child's views on the relevant matter.

59

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The children's hearing may, where it considers it appropriate to do so, amend the statement of grounds by ... amending the facts narrated in the statement of grounds.

(5) Where paragraph (4) applies the children's hearing may not amend the section 67 ground specified in the statement of grounds.

(6) Where paragraph (4) applies the children's hearing must be satisfied that any amendments to the facts narrated in the statement of grounds do not call into question the acceptance of a section 67 ground by the child or any relevant person.

60

(1) This rule applies where section 91(1), 119(1) or 138(1) of the Act apply.

(2) The chairing member—

(a) must inform those present at the hearing of the substance of any relevant report or other relevant document;

(b) must take all reasonable steps to obtain the views of the child, each relevant person and any appointed safeguarder in relation to—

(i) any relevant report, document or matter being considered by the hearing; and

(ii) what, if any, measures would be in the best interests of the child;

(c) may invite any other person present at the hearing, as the children's hearing considers appropriate, to express their views on, or provide any other information relevant to, any matter or action being considered by the hearing.

(3) Where the children's hearing has been given an interim report and statement prepared by the safeguarder under these Rules the hearing must consider that interim report and statement.

(4) After considering the interim report and statement the children's hearing may set a further date up to a maximum of 35 days for the provision of the report from the safeguarder and defer making a decision on whether to make a compulsory supervision order until a subsequent children's hearing.

61

(1) Where the children's hearing proceeds under section 91(2), 119(2) or 138(2) of the Act, without prejudice to the powers of the children's hearing in section 92 (powers of grounds hearing on deferral), 120 (powers of children's hearing on deferral under section 119) or 139 (powers of children's hearing on deferral under section 138) of the Act, the children's hearing may—

(a) appoint a safeguarder if one has not already been appointed;

(b) require the Reporter to obtain any report from any person which the children's hearing considers would be relevant to any matter to be determined by the hearing;

(d) determine that—

(i) for the purpose of enabling a child or any relevant person to participate effectively in the proceedings before the children's hearing it may be necessary that the child or relevant person be represented by a solicitor or counsel; and

(ii) it is unlikely that the child or relevant person will arrange to be represented by a solicitor or counsel;

(e) require the Reporter, as soon as possible after the determination in sub-paragraph (d), to notify the Scottish Legal Aid Board of that determination, the reasons for that determination and the name and address of the child or relevant person;

(f) require the Reporter to make arrangements for an interpreter for the child or any relevant person or take any other step with a view to securing participation of the child or any relevant person in the hearing;

(g) give any other direction on any other matter as is necessary to enable the hearing to make a decision on whether to make a compulsory supervision order and if so the measures to be included in that order.

(2) Each member of the children's hearing must—

(a) state their decision on the exercise of the power conferred by section 91(2), 119(2) or 138(2) of the Act, as the case may be, and the reason for that decision;

(b) state their decision on the exercise of the power conferred by section 92(2) or (3), 120(3), (5) or (6), 123 (general power to grant warrant to secure attendance) or 139(3) (powers of children's hearing on deferral under section 138) of the Act as the case may be, and the reasons for that decision;

(c) where the decision is to make an interim compulsory supervision order, interim variation of a compulsory supervision order, medical examination order or to grant a warrant to secure attendance, state the member's decision in relation to any measure to be contained in the order or warrant and the reasons for the inclusion of the proposed measure; and

(d) where any other decision is made to exercise any other power, give any direction or impose any requirement, state their decision on that matter and reasons for that decision.

(3) The chairing member must—

(i) confirm and explain the decision of the children's hearing;

(ii) state the reasons for that decision; and

(iii) subject to sections 73 (child's duty to attend children's hearing), 74 (relevant person's duty to attend children's hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, inform the child, each relevant person and any safeguarder appointed of the right to appeal the children's hearing's decision to make an interim compulsory supervision order, interim variation of a compulsory supervision order, medical examination order or to grant a warrant to secure the attendance under section 154 (appeal to sheriff against decision of children's hearing) of the Act within 21 days of that decision.

62

(1) This rule applies where the children's hearing is required to proceed under section 91(3), 119(3) or 138(3) of the Act.

(2) Each member of the children's hearing must—

(a) state their decision on whether to make a compulsory supervision order or to terminate, vary or continue the compulsory supervision order, as the case may be, and the reason for that decision; and

(b) where the decision is to make a compulsory supervision order, continue or vary the compulsory supervision order, state the member's decision in relation to any measure to be contained in the order and the reasons for the inclusion of the proposed measure.

(3) The chairing member must—

(a) confirm and explain the decision of the children's hearing;

(b) state the reasons for that decision;

(c) subject to sections 73 (child's duty attend children's hearing), 74 (relevant person's duty to attend children's hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, inform the child, each relevant person and any safeguarder appointed of the right to appeal the children's hearing's decision to make a compulsory supervision order, or discharge the referral or terminate, vary or continue the compulsory supervision order under section 154 (appeal to sheriff against decision of children's hearing) of the Act within 21 days of that decision; and

(d) where the decision of the children's hearing is to make a compulsory supervision order, or terminate, vary or continue the compulsory supervision order, subject to sections 73, 74, 75 and 79 of the Act, inform the child, each relevant person and any appointed safeguarder of the right to seek a suspension of the children's hearing's decision under section 158 (compulsory supervision order: suspension pending appeal) of the Act.

63

(1) This rule applies where section 93 or 94 of the Act applies.

(2) Each member of the children's hearing must—

(a) state their decision on whether to proceed under section 93(2)(a) or (b), or 94(2)(a) or (b) of the Act as the case may be, and the reason for that decision;

(b) state any decision on the exercise of the power conferred by section 93(5) or 123 (general power to grant warrant to secure attendance) of the Act and the reasons for that decision;

(c) where the decision is to make an interim compulsory supervision order or grant a warrant to secure attendance state the member's decision in relation to any measure to be contained in the order or warrant and the reasons for the inclusion of the proposed measure.

(3) The chairing member must—

(i) confirm and explain the decision of the children's hearing;

(ii) state the reasons for that decision; and

(iii) subject to sections 73 (child's duty to attend children's hearing), 74 (relevant person's duty to attend children's hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, inform the child, each relevant person and any safeguarder appointed of the right to appeal the children's hearing's decision to discharge the referral, make an interim compulsory supervision order, or grant a warrant to secure attendance under section 154 (appeal to sheriff against decision of children's hearing) of the Act within 21 days of that decision.

64

(1) Where section 95(1) of the Act applies each member of the children's hearing must state their decision on whether to require the Reporter under section 95(2) of the Act to arrange another grounds hearing and their reasons for that decision.

(2) The chairing member must—

(a) confirm and explain the decision of the children's hearing; and

(b) state the reasons for that decision;

(3) Where the children's hearing do not require the Reporter to arrange another grounds hearing under section 95(2) of the Act the children's hearing must discharge the referral.

(4) Where paragraph (3) applies, subject to sections 73 (child's duty to attend children's hearing), 74 (relevant person's duty to attend children's hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, the chairing member must inform each relevant person and any appointed safeguarder of the right to appeal the children's hearing's decision to discharge the referral under section 154 (appeal to sheriff against decision of children's hearing) of the Act within 21 days of that decision.

(5) Where the children’s hearing requires the Reporter to arrange another grounds hearing under section 95(2) of the Act, each member of the children’s hearing must—

(a) state their decision on the exercise of the power conferred by section 95(4) of the Act and the reason for that decision; and

(b) where the decision is to make an interim compulsory supervision order, state their decision in relation to any measure to be contained in the order and the reasons for the inclusion of the proposed measure.

(6) Where paragraph (5) applies, the chairing member must—

(a) confirm and explain the decision of the children’s hearing;

(b) state the reasons for that decision; and

(c) subject to sections 74 (relevant person’s duty to attend children’s hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, inform each relevant person and any safeguarder appointed of the right to appeal the children’s hearing’s decision to make an interim compulsory supervision order under section 154 (appeal to sheriff against decision of children’s hearing) within 21 days of that decision.

65

(1) Where a children's hearing is required to produce a report under section 141 of the Act, subject to sections 73 (child's duty to attend children's hearing), 74 (relevant person's duty to attend children's hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, the chairing member must—

(a) explain to the child and each relevant person the purpose of the report to be prepared;

(b) inform the child and each relevant person of the substance of any document or information which is material to the advice to be contained in the report to be prepared by the children's hearing.

(2) Before preparing the report the children's hearing must subject to sections 73, 74, 75 and 79 of the Act—

(a) discuss the case with the child and each relevant person and any safeguarder appointed;

(b) seek the views of the child, each relevant person and the safeguarder on the arrangements which would be in the best interests of the child; and

(3) The chairing member must—

(a) make, or cause to be made, a report of the advice;

(b) sign and date the report; and

(4) The Reporter must give a copy of the report within 5 days of receiving it under paragraph (3) to—

(a) the child;

(b) each relevant person;

(d) the court which requires to come to a decision about an application of the type mentioned in section 131(2)(c) or (e) (duty of implementation authority to require review) of the Act;

(e) the chief social work officer of the implementation authority;

(f) the couple making the application under section 29 (adoption by certain couples) of the Adoption and Children (Scotland) Act 2007 or the person making the application under section 30 (adoption by one person) of that Act, as the case may be.

66

(1) Where the children's hearing is reviewing whether an individual should continue to be deemed to be a relevant person under section 142(2) (review of determination that person be deemed a relevant person) of the Act the chairing member must inform those present of the purpose of the review.

(2) The chairing member—

(a) must invite the child, each relevant person and any appointed safeguarder to express their views in relation to whether the individual should continue to be deemed to be a relevant person;

(b) may invite any other person present at the hearing, as the children's hearing considers appropriate, to express their views on that matter.

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