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
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  • (3) Where the children's hearing exercises the power under section 142(3) of the Act—
  • (a) each member of the children's hearing must state their decision and the reasons for that decision;
  • (b) the chairing member must confirm and explain the decision of the children's hearing on the exercise of that power and the reasons for it;
  • (c) the chairing member must confirm that the individual will continue to be deemed to be a relevant person.
  • (4) Where the children's hearing determine the review under section 142(2) of the Act—
  • (a) each member of the children's hearing must state their determination on the matter and the reasons for that determination;
  • (b) the chairing member must—
  • (i) confirm and explain the determination of the children's hearing;
  • (ii) state the reasons for the determination; 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, the individual in relation to whom the determination was made and any safeguarder appointed of the right to appeal the children's hearing's decision under section 160 (appeal to sheriff against relevant person determination) of the Act within 7 days of that determination;
  • (5) As soon as practicable and no later than 2 working days from the day of the children's hearing the Reporter must give to the persons mentioned in paragraph (6) the information mentioned in paragraph (7).
  • (6) Those persons are—
  • (a) the child;
  • (b) each relevant person;
  • (c) the individual in relation to whom the determination was made.
  • (7) That information is—
  • (a) a copy of the determination of the children's hearing in relation to whether the individual should continue to be deemed to be a relevant person and the reasons for that determination; and
  • (b) details of the rights of the child, each relevant person and the individual in relation to whom the determination was made, to appeal that decision under section 160 of the Act.
67
  • (1) Where the children's hearing direct the National Convener under section 146(2) (breach of duties imposed by sections 144 and 145) of the Act the chairing member—
  • (a) must include in the record of the decision of the children's hearing details of the ways in which the implementation authority is in breach of its duty in relation to the child; and
  • (b) may prepare a report for the National Convener providing such additional information on that matter as the children's hearing considers appropriate.
  • (2) As soon as practicable after the children's hearing the Reporter must give to the National Convener—
  • (a) a copy of the children's hearing's decision; and
  • (b) any report prepared under paragraph (1)(b).
  • (3) Where it appears to the children's hearing at the further review of the compulsory supervision order to be held by virtue of section 146(5) of the Act that the implementation authority continues to be in breach of its duty and the children's hearing under section 146(6) of the Act directs the National Convener to make an application under section 147 (application for order) of the Act the chairing member—
  • (a) must include in the record of the decision of the children's hearing details of the ways in which the implementation authority continues to be in breach of its duty in relation to the child; and
  • (b) may prepare a further report for the National Convener providing such additional information on that matter as the children's hearing considers appropriate.
  • (4) As soon as practicable after the children's hearing the Reporter must give to the National Convener—
  • (a) a copy of the children's hearing's decision; and
  • (b) any report prepared under paragraph (3)(b).
68
  • (1) This rule applies where rule 37 applies.
  • (2) In relation to the further grounds hearing referred to in rule 37, section 91 (grounds accepted: powers of grounds hearing) of the Act applies as if for subsections (2) and (3) there were substituted—

(2) The grounds hearing is to be treated as if it were a hearing to which section 119 of the Act applies.

  • (3) Where the further grounds hearing proceeds 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, sections 93 (grounds not accepted: application to sheriff or discharge) and 96 (children's hearing to consider need for further interim compulsory supervision order) of the Act apply as if they were modified as follows—
  • (a) in section 93 of the Act—
  • (i) after subsection (4) there were inserted—

(4A) Subsection (5) applies if immediately before the grounds hearing an interim compulsory supervision order was not in force in relation to the child.

; and

  • (ii) after subsection (5) there were inserted—

(5A) Subsection (5B) applies if immediately before the grounds hearing an interim compulsory supervision order was in force in relation to the child. (5B) If the children's hearing is satisfied that the nature of the child's circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that a further interim compulsory supervision order be made, the children's hearing may make a further interim compulsory supervision order in relation to the child.

  • (iii) in subsection (6) after “subsection (5)” there were inserted “ or (5B) ”;
  • (b) in section 96 of the Act in subsection (1)(a) for “a grounds hearing” there were substituted “ or 93(5B) a grounds hearing ”.
  • (4) Where the further grounds hearing proceeds under section 93(2)(b) or 94(2)(b) of the Act the children's hearing may proceed, where appropriate, as if the hearing was a hearing to which section 119 (children's hearing following deferral or proceedings under Part 10) applies in relation to any section 67 ground previously accepted or determined by the sheriff to be established under section 108 (determination: ground established) or 117 (new section 67 ground established: sheriff to refer to children's hearing) of the Act.
  • (5) In paragraph (4) “accepted” has the same meaning as in section 93(7) (grounds not accepted: application to sheriff or discharge) of the Act.
69
  • (1) This rule applies where rule 38 applies.
  • (2) Where the further grounds hearing proceeds 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 the grounds hearing may continue the compulsory supervision order until the subsequent children's hearing.
  • (3) Where the further grounds hearing proceeds under section 93(2)(b) or 94(2)(b) of the Act the children's hearing may proceed, where appropriate, to review the compulsory supervision order under section 138 (powers of children's hearing on review) of the Act.
70
  • (1) This rule applies where a children's hearing is held by virtue of section 45 or 46 of the Act.
  • (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 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) Each member of the children's hearing must—
  • (a) state their decision on whether the conditions for making the child protection order are met and the reasons for that decision; and
  • (b) where the decision is that the conditions are met state the member's decision in relation to whether the order should be varied and if so the authorisation or requirement to be included in the varied order and the reasons for the inclusion of the proposed authorisation or requirement.
  • (4) The chairing member must—
  • (a) confirm and explain the decision of the children's hearing;
  • (b) state the reasons for that decision; and
  • (c) where the children's hearing decide to continue the child protection order, 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 the other persons in section 48(1) (application for variation or termination) of the Act of the right to make an application to the sheriff under section 48(1) to vary the order or under section 48(2) of the Act to terminate the order, as the case may be.
71
  • (1) Where the Reporter receives notice under section 49 of the Act of an application to vary or terminate the child protection order, after issuing the notice under rule 39 but before that hearing begins, the Reporter must, as soon as practicable before the beginning of the children's hearing, notify the persons mentioned in paragraph (2)—
  • (a) that the Reporter has received notice under section 49 of the Act; and
  • (b) that the hearing will proceed as if it was arranged by virtue of section 50 (children's hearing to provide advice to sheriff in relation to application) of the Act.
  • (2) Those persons are—
  • (a) the child in respect of whom the child protection order is made;
  • (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 the child protection order is required to give notice of the making of the application under rules of court;
  • (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.
72
  • (1) This rule applies where a children's hearing is held by virtue of section 50 of the Act.
  • (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 report, document or matter being considered by the hearing; and
  • (ii) what, if any, advice 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 advice being considered by the hearing; and
  • (d) must confirm to the child, each relevant person, the person who applied for the child protection order, the person who applied for the order to be varied or terminated, and any appointed safeguarder the advice to be given to the sheriff to assist the sheriff in the determination of the application under section 48 (application for variation or termination) of the Act.
  • (3) The chairing member must—
  • (a) make, or cause to be made, a report of the advice;
  • (b) sign and date the report; and
  • (c) give the report to the Reporter at the conclusion of the hearing.
  • (4) As soon as possible following receipt of the report the Reporter must give a copy of the report to—
  • (a) the child in respect of whom the child protection order is made;
  • (b) each relevant person;
  • (c) any appointed safeguarder;
  • (d) the sheriff who is to determine the application under section 48 of the Act;
  • (e) the person who applied for the child protection order, or child assessment order, as the case may be;
  • (f) the person who applied for the child protection order to be varied or terminated;
  • (g) the person specified in the child protection order under section 37(2)(a) (child protection orders) of the Act;
  • (h) 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;
  • (i) any other person to whom the applicant for variation or termination of the child protection order is required to give notice of the making of the application under rules of court;
  • (j) the chief social work officer of the relevant local authority for the child.
73
  • (1) This rule applies where a children's hearing is held by virtue of section 96(2) of the Act.
  • (2) The chairing member—
  • (a) must inform those present 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 report, document or matter being considered by the hearing; and
  • (ii) what, if any, measures would be in the best interests of the child; and
  • (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) Each member of the children's hearing must—
  • (a) state their decision on any exercise of the power conferred by section 96(3) of the Act and the reason for that decision;
  • (b) where the decision is to make a further interim compulsory supervision order state the member's decision and the reasons in relation to any measure to be included in the order.
  • (4) The chairing member must—
  • (a) confirm the decision of the children's hearing;
  • (b) state the reasons for that decision; and
  • (c) 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 appointed safeguarder 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) of the Act within 21 days of that decision.
74
  • (1) This rule applies where a children's hearing is held by virtue of section 126 of the Act.
  • (2) Where an individual claims that the conditions specified for the purposes of section 126(2)(b) of the Act are satisfied in relation to the individual, the children's hearing must consider that claim before reviewing the contact direction.
  • (3) Each member of the children's hearing must state whether the member considers that the conditions specified for the purposes of section 126(2)(b) of the Act are satisfied in relation to the individual and the reasons for reaching that view.
  • (4) The chairing member must confirm whether the children's hearing considers that the conditions specified for the purposes of section 126(2)(b) of the Act are satisfied in relation to the individual and the reason for reaching that view.
  • (5) After considering, where applicable, whether the conditions specified for the purposes of section 126(2)(b) are satisfied the children's hearing must, where proceeding to review a contact direction, seek views on the contact direction from—
  • (a) the child;
  • (b) each relevant person;
  • (c) any appointed safeguarder;
  • (d) any individual satisfying the conditions specified in an order under section 126(2)(b) of the Act;
  • (e) any individual who has a contact order regulating contact between the individual and the child;
  • (f) any individual who has a permanence order which specifies arrangements for contact between the individual and the child.
  • (6) Each member of the children's hearings must state their decision in relation to the contact direction and their reasons for that decision.
  • (7) The chairing member must—
  • (a) confirm and explain the decision of the children's hearing in relation to the contact direction;
  • (b) state the reasons for that decision; and
  • (c) inform any individual of any applicable right of appeal of the children's hearing's decision under section 126(6) of the Act which that individual has under section 161 (appeal to sheriff against decision affecting contact or permanence order) of the Act.
75
  • (1) This rule applies where a children's hearing is held following a request to the Reporter under section 49(1)(b), (3) or (6) of the Criminal Procedure (Scotland) Act 1995 .
  • (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 report, document or matter being considered by the hearing; and
  • (ii) what, if any, advice or 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 advice being considered by the hearing; and
  • (d) must confirm to the child, each relevant person, and any appointed safeguarder the advice to be given to the court.
  • (3) The chairing member must—
  • (a) make, or cause to be made, a report of the advice;
  • (b) sign and date the report; and
  • (c) give the report to the Reporter at the conclusion of the hearing.
  • (4) As soon as possible following receipt of the report the Reporter must give a copy of the report to—
  • (a) the child;
  • (b) each relevant person;
  • (c) any appointed safeguarder;
  • (d) the court which made the request for advice under section 49 of the Criminal Procedure (Scotland) Act 1995;
  • (e) the chief social work officer of the relevant local authority for the child.
76
  • (1) Where the Reporter is required under section 158(2) of the Act to arrange a children's hearing, as soon as practicable the Reporter must give notice of the date, time and place of the children's hearing at which the application for the suspension of the children's hearing's decision will be considered, to the persons mentioned in paragraph (2).
  • (2) Those persons are—
  • (a) the child;
  • (b) any relevant person;
  • (c) any appointed safeguarder;
  • (d) the three members of the children's hearing;
  • (e) the chief social work officer of the implementation authority for the child;
  • (f) the National Convener.
  • (3) If the person who applied for the suspension of the children's hearing's decision under section 158 of the Act is required by section 73(2) (child's duty to attend children's hearing) or 74(2) (relevant person's duty to attend children's hearing) of the Act to attend the hearing and fails to do so the children's hearing may, if it considers it appropriate, take no further action in relation to the application.
  • (4) Before making any decision on the application under section 158 of the Act the children's hearing must invite the child, any relevant person and any appointed safeguarder present at the hearing to make such representations as they wish to make.
  • (5) Each member of the children's hearing must state their decision on the suspension of the children's hearing's decision under section 158 of the Act, and the reasons for that decision.
  • (6) The chairing member must confirm the decision of the children's hearing and the reasons for that decision.
77
  • (1) This rule applies where a children's hearing is required to prepare a report by virtue of section 95(2) of the Adoption and Children (Scotland) Act 2007 (permanence orders – duty of children's hearing to prepare report for court).
  • (2) The chairing member must explain to the child, any relevant person and any appointed safeguarder the purpose of the report to be prepared.
  • (3) The report must be prepared when the children's hearing have considered the case of the child and determined whether to make a compulsory supervision order or to vary, or vary and continue, the compulsory supervision order, as the case may be.
  • (4) Before preparing the report the chairing member must explain to the child, any relevant person and any appointed safeguarder—
  • (a) that the hearing has determined to make a compulsory supervision order or to vary, or vary and continue, the compulsory supervision order, as the case may be;
  • (b) the reasons for reaching that determination; and
  • (c) that the hearing is unable to make a decision to make a compulsory supervision order or to vary, or vary and continue, the compulsory supervision order, pending the decision of the sheriff on the permanence order application or to remit the case under section 96 (application: effect on compulsory supervision order) of the Adoption and Children (Scotland) Act 2007 .
  • (5) The chairing member must—
  • (a) make, or cause to be made, a report of the advice;
  • (b) sign and date the report; and
  • (c) give the report to the Reporter.
  • (6) Subject to paragraph (7), the Reporter must, within 5 days of the hearing, give the report to—
  • (a) the court which requires to come to a decision on the permanence order application;
  • (b) the child;
  • (c) any relevant person;
  • (d) any appointed safeguarder;
  • (e) the chief social work officer of the implementation authority for the child.
  • (7) Where a non-disclosure request made under Part 19 of these Rules has been determined by the children’s hearing in relation to information contained in the report and in consequence of that determination the Reporter has, by virtue of rule 15, ensured the removal of that information from the report to be given to a specified person, the Reporter must, within 5 days of the hearing, give to the court mentioned in paragraph (6)(a)—
  • (a) the report;
  • (b) the redacted report; and
  • (c) the details of the determination of the children’s hearing of the non-disclosure request made under Part 19 of these Rules and which the Reporter must keep a record of in accordance with rule 13.
  • (8) In paragraph (7)—
  • “non-disclosure request” has the meaning given by rule 84(1);
  • “redacted report” means the report which has had information removed from it by virtue of rule 15, to give effect to a determination of the children’s hearing of a non-disclosure request made under Part 19 of these Rules; and
  • “specified person” is to be construed in accordance with rule 84(1).
78
  • (1) This rule applies where the children's hearing, on the application of the Reporter, is under section 123 of the Act considering granting a warrant to secure the attendance of the child at a children's hearing or a hearing to take place under Part 10 (proceedings before sheriff) of the Act.
  • (2) The children's hearing must seek the views of the child, each relevant person, and any appointed safeguarder, if present at the hearing.
  • (3) Where a warrant to secure the attendance of the child is granted, the Reporter must as soon as practicable give to the child, each relevant person and any appointed safeguarder—
  • (a) a copy of the warrant; and
  • (b) details of the rights of the child, each relevant person and the safeguarder to appeal the grant of the warrant under section 154 (appeal to sheriff against decision of children's hearing) of the Act.
79
  • (1) This rule applies where a children's hearing seeks advice under section 8 of the Act from the National Convener.
  • (2) Where a children's hearing defers making a decision or determination on any matter until a subsequent children's hearing and seeks advice from the National Convener under section 8 of the Act the chairing member must—
  • (a) prepare a request for advice setting out the nature of the advice to be provided and such other details as the children's hearing considers appropriate;
  • (b) include in the record of the children's hearing decision details of the request for advice and reasons for that request;
  • (c) give that request for advice to the Reporter; and
  • (d) direct the Reporter to forward to the National Convener the request for advice and a copy of the children's hearing decision and the reasons for that decision.
  • (3) Where the children's hearing has directed the Reporter to forward a request for advice to the National Convener the Reporter must, as soon as practicable and within 5 days of receiving the request prepared under paragraph (2), forward it to the National Convener.
  • (4) The National Convener must respond to any request for advice forwarded under paragraph (3) within 14 days of receiving the request.
  • (5) The children's hearing must give the advice received from the National Convener under paragraph (4) to all those present at the hearing.
80

The children's hearing may not make a compulsory supervision order requiring a child to reside at a place where the child would be under the charge or control of a person who is not a relevant person or vary any compulsory supervision order so that it includes such a requirement unless the children's hearing has—

  • (a) received and considered a report or information provided by the local authority or implementation authority under section 66(4) (investigation and determination by Principal Reporter), 69(4) (determination under section 66: referral to children's hearing), 137(4) or (5) (duty to arrange children's hearing) of the Act, as the case may be, which provides the local authority's or implementation authority's recommendations on—
  • (i) the needs of the child;
  • (ii) the suitability to meet those needs of the place or places in which the child is to reside by virtue of the compulsory supervision order;
  • (iii) the suitability to meet those needs of the person who is to have charge or control over the child; and
  • (b) the local authority or implementation authority as the case may be have confirmed that in compiling the report they have carried out the procedures and gathered the information described in regulations 3 and 4 of the Looked After Children (Scotland) Regulations 2009 .
81
  • (1) This rule applies where—
  • (a) section 69(2) or (3) of the Act applies;
  • (b) Parts 9 to 11 or 13 of the Act apply;
  • (c) following receipt of a notice under section 43 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) of the Act, the end of the period of 8 working days beginning on the day 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 the order was made.
  • (2) Where this rule applies and a children's hearing is to be held in relation to a child the Reporter must notify the persons mentioned in paragraph (3) that a children's hearing is to be held in relation to a child, on the date to be specified in the notification, and, when issuing that notification, also give those persons the information mentioned in paragraphs (4) and (5).
  • (3) Those persons are—
  • (a) 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;
  • (b) any individual who has a contact order regulating contact between the individual and the child;
  • (c) any individual who has a permanence order which specifies arrangements for contact between the individual and the child.
  • (4) That information is confirmation that, where a children's hearing—
  • (a) makes, continues or varies a compulsory supervision order; or
  • (b) makes an interim compulsory supervision order, interim variation of a compulsory supervision order or a medical examination order which is to have effect for more than 5 working days,

and the order contains (or is varied so as to contain) a contact direction, the Reporter must arrange a children's hearing under section 126 of the Act for the purposes of reviewing the contact direction if—

  • (i) a contact order or permanence order mentioned in section 126(3) of the Act is in force; or
  • (ii) the Reporter is requested to arrange a hearing by an individual who claims to have or recently have had significant involvement in the upbringing of the child.
  • (5) That information is confirmation that, where a children's hearing is arranged under section 126 of the Act, they will have the right to attend.
82
  • (1) Where the children's hearing requires the National Convener under section 127(2) of the Act to make a referral to the Scottish Ministers, the chairing member—
  • (a) must include in the record of the decision of the children's hearing details of the ways in which the education authority is in breach of its duty under section 14(3) (education for children unable to attend school etc.) of the Education (Scotland) Act 1980 in relation to the child; and
  • (b) may make, or cause to be made, a report for the National Convener providing such additional information on that matter as the children's hearing considers appropriate.
  • (2) As soon as practicable after the children's hearing the Reporter must give to the National Convener—
  • (a) a copy of the children's hearing's decision and the reasons for the decision; and
  • (b) any report made under paragraph (1)(b).
83

Where the children's hearing requires the Reporter under section 128(2) of the Act to consider whether to apply under section 102(3) (applications) of the Antisocial Behaviour etc. (Scotland) Act 2004 for a parenting order in respect of a parent of the child, the chairing member—

  • (a) must include in the record of the decision of the children's hearing details of the reasons why the children's hearing considers that it might be appropriate for a parenting order to be made in respect of that parent of the child; and
  • (b) may make, or cause to be made a report for the Reporter providing such additional information on that matter as the children's hearing considers appropriate.
84
  • (1) In this Part a “non-disclosure request” is a request made by any person that any document or part of a document or information contained in a document relating to a pre-hearing panel or to a children's hearing should be withheld from a specified person falling within the categories specified in section 177(2)(i)(ii) to (iv) of the Act on the grounds that disclosure of that document or part of the document or any information contained in it would be likely to cause significant harm to the child to whom the hearing relates.
  • (2) The following documents may not be the subject of a non-disclosure request—
  • (a) the statement of grounds;
  • (b) a copy of any relevant remit by a court under section 49 of the Criminal Procedure (Scotland) Act 1995 ;
  • (c) a copy of any relevant requirement by a sheriff under section 12(1A) or statement under section 12(1B) of the Antisocial Behaviour etc. (Scotland) Act 2004;
  • (d) any order or warrant to which the child is subject under the Act or these Rules.
  • (3) A non-disclosure request must—
  • (a) specify the document or part of the document or information for which non-disclosure is requested and give reasons in each instance for non-disclosure; and
  • (b) specify the persons to whom the document or part of the document or information is not to be disclosed and give reasons in each instance for non-disclosure.
  • (4) In this Part reference to “children's hearing” includes pre-hearing panel, where the non-disclosure request relates to documents or information to be considered at a pre-hearing panel.
85
  • (1) The Reporter must refer any non-disclosure request received from any person to a children's hearing for determination.
  • (2) The Reporter may submit a non-disclosure request to a children's hearing for determination at the Reporter's own initiative.
86
  • (1) A children's hearing must, except in the case of a grounds hearing, consider any non-disclosure request made prior to that hearing at the beginning of the children's hearing.
  • (2) Where a non-disclosure request has been made prior to a grounds hearing, the non–disclosure request may be determined by the grounds hearing before making a decision on whether to make a compulsory supervision order.
  • (3) Where the children's hearing requires to consider a request in accordance with paragraph (1) or paragraph (2) it may exclude from the children's hearing the person to whom the documents are requested not to be disclosed where it considers that the presence of that person would prevent proper consideration of the non-disclosure request.
  • (4) The children's hearing must consider and determine the non-disclosure request.
  • (5) The person excluded under paragraph (3) must be invited to return to the children's hearing and advised of the children's hearing's determination under paragraph (4).
  • (6) Where the non-disclosure request is rejected under paragraph (4) the children's hearing must ensure that the document or part of the document or information is given to the excluded person at such time, and in such manner, as it considers appropriate having regard to the best interests of the child to whom the hearing relates.
87
  • (1) A non-disclosure request may be made during a children's hearing by the child, any relevant person, any appointed safeguarder, the Reporter or the author of any document that is the subject of the non-disclosure request.
  • (2) Where such a request is made the children's hearing may exclude from the children's hearing the person to whom the documents are requested not to be disclosed where it considers that the presence of that person would prevent proper consideration of the non-disclosure request.
  • (3) The children's hearing must consider and determine the non-disclosure request.
  • (4) The person excluded under paragraph (2) must be invited to return to the children's hearing and advised of the children's hearing's determination under paragraph (3).
  • (5) Where the non-disclosure request is rejected under paragraph (3) the children's hearing must ensure that the document or part of the document or information is given to the excluded person at such time, and in such manner, as it considers appropriate having regard to the best interests of the child to whom the hearing relates.
88
  • (1) Where by virtue of the Act or any other enactment a children's hearing has been held in relation to a child the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3) within 5 days of the children's hearing.
  • (2) Those persons are—
  • (a) the child;
  • (b) each relevant person;
  • (c) any appointed safeguarder.
  • (3) That information is—
  • (a) the decision of the children's hearing;
  • (b) the reasons for that decision;
  • (c) a copy of any compulsory supervision order, interim compulsory supervision order, medical examination order made, or warrant to secure attendance granted;
  • (d) a notice of any right to appeal the children's hearing's decision under section 154 (appeal to sheriff against decision of children's hearing) or 160 (appeal to sheriff against relevant person determination) of the Act;
  • (e) where the child or any relevant person is subject to an order under section 159 (frivolous and vexatious appeals) of the Act, confirmation of the need for that person to seek leave from the sheriff to appeal the decision;
  • (f) details of any right to seek a suspension of the children's hearing's decision to make, vary, continue or terminate a compulsory supervision order under section 158 (compulsory supervision order: suspension pending appeal) of the Act;
  • (g) details of the child's and each relevant person's right to seek a review of a compulsory supervision order under, or by virtue of, section 132 (right of child or relevant person to require review) of the Act.
  • (4) This rule does not apply where rules 66(7), 91, 92, 93 or 96 apply.
89
  • (1) Where rule 88 applies within 5 days of the children's hearing the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in rule 88(3)(a) to (c).
  • (2) Those persons are—
  • (a) the chief social work officer of the implementation authority where the decision was to make a compulsory supervision order or interim compulsory supervision order and in any other case the chief social work officer of the relevant local authority for the child;
  • (b) any person who under the compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance is responsible for providing any service, support, or accommodation in respect of the child.
  • (3) Where by virtue of any compulsory supervision order, interim compulsory supervision order or medical examination order the person with whom the child is required to reside is a person other than the implementation authority or a relevant person paragraph (4) applies.
  • (4) The Reporter must give the information mentioned in rule 88(3)(a) to (c)—
  • (a) where a social work officer from the implementation authority or relevant local authority for the child, as the case may be, attended the children's hearing resulting in the order in question, and it is reasonably practicable to do so, to that social work officer immediately following the children's hearing;
  • (b) in any other case, to the chief social work officer of the implementation authority, or relevant local authority for the child, as the case may be, no later than the end of the working day following the conclusion of the children's hearing.
90
  • (1) Where rule 88 applies and the grounds hearing has proceeded under section 91(3) (grounds accepted: powers of grounds hearing) of the Act or, where rule 68 applies, section 119(3) (children's hearing following deferral or proceedings under Part 10) of the Act, the Reporter must notify the children's hearing's decision to the chief constable of the Police Service of Scotland under section 61 (constable's duty to provide information to Principal Reporter) of the Act or section 43(5) (arrangements where children arrested) of the Criminal Procedure (Scotland) Act 1995.
  • (2) Where rule 88 applies and the decision of the children's hearing is to make a compulsory supervision order in respect of a person aged 16 years or older, as soon as reasonably practicable, the Reporter must notify the chief constable of the area in which the person resides.
  • (3) When a child subject to a compulsory supervision order reaches the age of 16 years, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which the child resides.
  • (4) Where section 199(3) and (4) (meaning of “child”) of the Act applies to a person, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which the person resides of-
  • (a) the application of section 199(3) and (4) of the Act to that person; and
  • (b) when a relevant event in section 199(5) of the Act has taken place in relation to that person.
  • (5) When a person under paragraph (2), (3) or (4) is no longer subject to a compulsory supervision order, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which that person resides.
  • (6) Information disclosed to the chief constable under paragraph (1), (2), (3), (4) or (5) may be used by the chief constable and police forces only for the purpose of—
  • (a) enabling or assisting them to perform their functions under or by virtue of this Act, the Police Act 1997, ... the Protection of Vulnerable Groups (Scotland) Act 2007 or the Disclosure (Scotland) Act 2020;
  • (b) the prevention or detection of crime;
  • (c) the apprehension or prosecution of offenders; or
  • (d) the protection of children.
91
  • (1) The Reporter must as soon as practicable after the hearing held by virtue of section 45 or 46 of the Act give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3).
  • (2) Those persons are—
  • (a) the child in respect of whom the child protection order is made;
  • (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) any appointed safeguarder.
  • (3) That information is—
  • (a) the decision of the children's hearing;
  • (b) the reasons for that decision;
  • (c) where the children's hearing's decision was to continue the child protection order, the right of those persons in paragraph (2) to make an application to the sheriff under section 48(1) of the Act to vary the order or under section 48(2) of the Act to terminate the order.
  • (4) The Reporter must give to the persons mentioned in paragraph (5) the information mentioned in paragraph (3)(a) and (b).
  • (5) Those persons are—
  • (a) the chief social work officer of the relevant local authority for the child;
  • (b) any person who under the child protection order is responsible for providing any service, support, or accommodation in respect of the child
92
  • (1) Within 5 days of the children's hearing held under section 126 of the Act 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;
  • (c) any appointed safeguarder;
  • (d) any individual who has a contact order regulating contact between the individual and the child;
  • (e) any individual who has a permanence order which specifies arrangement for contact between the individual and the child;
  • (f) any person who requested a children's hearing be held under section 126(2)(b) of the Act.
  • (3) That information is—
  • (a) details of the decision of the children's hearing;
  • (b) the reasons for that decision;
  • (c) notice of any right to appeal the children's hearing's decision under section 161 (appeal to sheriff against decision affecting contact or permanence order) of the Act;
  • (d) where the person is subject to an order under section 159 (frivolous and vexatious appeals) of the Act, confirmation of the need for that person to seek leave from the sheriff to appeal the decision.
  • (4) The Reporter must give to the persons mentioned in paragraph (5) the information mentioned in paragraph (3)(a) and (b).
  • (5) Those persons are—
  • (a) the implementation authority where the decision was to make a compulsory supervision order or interim compulsory supervision order and in any other case the relevant local authority for the child;
  • (b) any person who under the compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance is responsible for providing any service, support or accommodation in respect of the child.
93
  • (1) Where a children's hearing has been held by virtue of section 158 of the Act the Reporter must give to the persons mentioned in paragraph (2) the information mentioned in paragraph (3) within 5 days of the children's hearing.
  • (2) Those persons are—
  • (a) the child;
  • (b) each relevant person;
  • (c) any appointed safeguarder.
  • (3) That information is—
  • (a) the decision of the children's hearing;
  • (b) the reasons for that decision.
94
  • (1) This rule applies where a children's hearing is to be arranged by virtue of regulation 9 of the Children's Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013 (“the 2013 Regulations”).
  • (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;
  • (c) the chief social work officer who made the decision under regulation 4 or 7 of the 2013 Regulations;
  • (d) the head of unit who made the decision under regulation 6 of the 2013 Regulations;
  • (e) any appointed safeguarder;
  • (f) any individual other than a relevant person who appears to the Reporter to have or recently have had a significant involvement in the upbringing of the child;
  • (g) the three members of the children's hearing; and
  • (h) the National Convener.
  • (4) The Reporter must, when issuing the notice under paragraph (2), provide those persons mentioned in paragraph (3)(a) to (g) with a copy of—
  • (a) all decisions and reasons for those decisions made by all pre-hearing panels and children's hearings arranged in relation to the child;
  • (b) the decision of the chief social work officer made under regulation 5 of the 2013 Regulations; and
  • (c) the decision of the head of unit made under regulation 6 of the 2013 Regulations.
95
  • (1) This rule applies where a children's hearing is to be held by virtue of regulation 9 of the Children's Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013 (“the 2013 Regulations”).
  • (2) The children's hearing must provide the following persons with the opportunity to make representations if they are present at the hearing:—
  • (a) the child;
  • (b) each relevant person;
  • (c) any appointed safeguarder;
  • (d) the chief social work officer who made the decision under regulation 4 or 7 of the 2013 Regulations; and
  • (e) the head of unit who made the decision under regulation 6 of the 2013 Regulations.
  • (3) Each member of the children's hearing must state their decision in relation to the secure accommodation authorisation and the reasons for that decision.
  • (4) The chairing member must—
  • (a) confirm and explain the decision of the children's hearing in relation to the secure accommodation authorisation;
  • (b) state the reasons for that decision; and
  • (c) inform the child, each relevant person and any safeguarder appointed of any applicable right to appeal the children's hearing's decision under section 154 (appeal to sheriff against decision of children's hearing) of the Act within 21 days of that decision.
96
  • (1) Within 5 days of the children's hearing held under regulation 9 of the Children's Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013 (“the 2013 Regulations”) 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;
  • (c) any appointed safeguarder;
  • (d) the chief social work officer who made the decision under regulation 4 or 7 of the 2013 Regulations;
  • (e) the head of unit who made the decision under regulation 6 of the 2013 Regulations.
  • (3) The information is—
  • (a) the decision of the children's hearing;
  • (b) the reasons for that decision;
  • (c) notice of any right to appeal the children's hearing's decision under section 154 (appeal to sheriff against decision of children's hearing) of the Act.
97
  • (1) The persons mentioned in paragraph (2) may make a claim, to the relevant local authority for the child, in respect of that person's attendance at a pre-hearing panel or children's hearing.
  • (2) Those persons are—
  • (a) the child;
  • (b) any relevant person;
  • (ba) any person who is to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;
  • (c) any person representing a person mentioned in sub-paragraph (a), (b) or (ba);
  • (d) any interpreter acting on behalf of a person mentioned in sub-paragraph (a), (b) or (ba);
  • (da) any individual who claimed to qualify to be afforded an opportunity to participate in relation to the children’s hearing by virtue of rule 2A;
  • (e) any individual who claimed to have or recently have had significant involvement in the upbringing of the child;
  • (f) any individual who has a contact order regulating contact between the individual and the child;
  • (g) any individual who has a permanence order which specifies arrangements for contact between the individual and the child.
  • (3) Where a claim is made to the relevant local authority for the child under paragraph (1) the local authority must pay to the claimant travelling expenses and such other expenses and subsistence as have, in the opinion of the local authority, been reasonably incurred by the claimant.
  • (4) This rule does not apply to a solicitor or counsel representing a person mentioned in paragraph (2)(a), (b) or (ba) at a pre-hearing panel or children's hearing.
98
  • (1) Any order, warrant to secure the attendance of a child, notice, report, record or other writing required to be made, granted, given or kept by the children's hearing or pre-hearing panel or chairing member of that hearing under or by virtue of these Rules is sufficiently authenticated if it is signed by the chairing member of the relevant children's hearing or pre-hearing panel.
  • (2) Any document or notice authorised or required by these Rules to be kept or given by the Reporter is sufficiently authenticated if it is signed by the Reporter.
  • (3) Any copy of a document to be given to any person by the Reporter may be certified a true copy by the Reporter.
  • (4) For the purposes of this rule—
  • “signed” includes signed by means of an electronic signature,
  • “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document.
99

Section 193 (formal communications) of the Act applies to these Rules and any type of communication made or given under these Rules is also a formal communication and section 193(2) to (4) applies to them.

100

Any notice or other document authorised or required under these Rules to be given by the Reporter to any person may be given by the Reporter or by any police constable.

Editorial notes

[^c21803461]: 2011 asp 1.

[^c21803471]: The powers to make these Rules are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10.)

[^c21803481]: 2007 c.15. Children's hearings under the Children's Hearings (Scotland) Act 2011 (“the Act”) were added to the list of listed tribunals for the purpose of Schedule 7 to the 2007 Act by virtue of S.S.I. 2011/405.

[^c21803501]: 1997 c.50. Section 113A(6)(ba) is inserted by section 188 of the Act.

[^c21803511]: 1995 c.46.

[^c21803521]: 2004 asp 8. Section 12(1B) was inserted by paragraph 3 of Schedule 5 to the Act.

[^c21803531]: Section 115(5) and 117(5) are inserted into the Act by the Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/ ).

[^c21803541]: 1995 c.46.

[^c21803551]: 2007 asp 4.

[^c21803561]: 1995 c.46.

[^c21803571]: 2007 asp 4. Section 95 is amended by the Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/xxx).

[^c21803581]: Section 96 is amended by the Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/xxx).

[^c21803591]: S.S.I. 2009/210.

[^c21803601]: 1980 c.44.

[^c21803611]: 2004 asp 8.

[^c21803621]: 1995 c.46.

[^c21803631]: 1997 c.50.

[^c21803641]: 2007 asp 14.

[^c21803651]: S.S.I. 2013/xxx.

[^key-ee15692dfd47c951add0b0c61968f9c4]: Rule 46A inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(7)

[^key-cac896fedb46f25fd2cdc213a7aec822]: Rule 49 heading substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(11)

[^key-a99d6c6457b44e1a6c1b6e2c0ec0276b]: Words in rule 29(1)(b) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 3 (with rule 1(3))

[^key-5546593f4174c2e465ee3fdb49d404ba]: Words in rule 45(3)(b)(ii) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(2)

[^key-a4634554a9329e15c90d27b5bc3977c3]: Rule 45(3A) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(3)

[^key-e3de904c04bd619f04575b703b54ffd6]: Word in rule 45(4)(a) omitted (26.1.2015) by virtue of The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(4)

[^key-b19bf10eab95dc732ee9aff0048f57c1]: Rule 45(4)(aa) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(5)

[^key-0cc9d026acb06028811c0c16ae6d4714]: Word in rule 45(4)(b) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(6)(a)

[^key-d72b65c350fb3735f7bb522f290570c6]: Words in rule 45(4)(b) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(6)(b)

[^key-627554542e78e228d649066d2d752816]: Words in rule 47(2) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(9)

[^key-a9245ad0525598c5d7585c7744f3838c]: Words in rule 47(4) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(9)

[^key-dbd0184c53da78ed5dcf4426dd2cacfa]: Words in rule 47(5) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(9)

[^key-92e2a3e576de8e55e93fc1b8659c4382]: Words in rule 47(6) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(10)

[^key-ca3807163ca581e27f7d8d01446d04ba]: Word in rule 50(1)(a) omitted (26.1.2015) by virtue of The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(13)

[^key-230d29932c8fcf675890d8bc5aea5c5b]: Rule 50(1)(b)(c) substituted for rule 50(1)(b) (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(14)

[^key-c3a3ee01a42d05aeeeedffe1341889e4]: Rule 50(3A) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(15)

[^key-798f8b45a1a7d2fe1eddcd2a8db61ac6]: Words in rule 50(4) substituted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(16)

[^key-591557b816ae14499f6671d598dc80fd]: Words in rule 52(1) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(17)

[^key-9cbea511baf7e3f78cd7a9c568945943]: Rule 52(4)(5) substituted for rule 52(4) (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 4(19)

[^key-b1c6b413631a77e455ecafa408dbdec5]: Rule 59(3) omitted (26.1.2015) by virtue of The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 5(3)

[^key-5f9a31450c08ea69f7ad247e4a33db67]: Words in rule 59(4) omitted (26.1.2015) by virtue of The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 5(4)

[^key-b2e5239511eda810d08a910e4b301569]: Rule 64(5)(6) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 6

[^key-320cfcf1b7e52873c5ca6eff324b428a]: Words in rule 77(6) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 7(1)

[^key-03b313da42a1494252c13964190d650e]: Rule 77(7)(8) inserted (26.1.2015) by The Children s Hearings (Scotland) Act 2011 (Rules of Procedure in Children s Hearings) Amendment Rules 2015 (S.S.I. 2015/21), rules 1(1), 7(2)

[^key-c89605fc4cc631bc48a1d3a774fa101f]: Words in rule 12(3)(b) substituted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 (S.S.I. 2017/452), reg. 1, sch. para. 15 (with reg. 2(2))

[^key-642f1f06dcc0194be48963c074ac1a9a]: Rule 11(3) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(3)(b)

[^key-27aad177266052a580db2725758613ee]: Rule 11 title substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(3)(c)

[^key-5b3df9ec3175ceb84a802ca3c75c4ad5]: Words in rule 11(1) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(3)(a)

[^key-092da09e09daba0cd72257a63602e991]: Rule 22(2)(ba) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(5)(a)

[^key-2e651ae48a269db0f61faeb4dbed5b51]: Words in rule 22(2)(c) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(5)(b)

[^key-58ed8af1809c6130b4413c28d82eea0d]: Words in rule 23(e) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(6)

[^key-c0ea1b8341a8184e59471f0285c9e30c]: Rule 26(5)-(8) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(8)

[^key-adca4eb5415087fa2507f5765eecb7a3]: Rule 29(5A)(5B) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(9)(b)

[^key-cfa82cfe8791f5a177aefe2052e69888]: Rule 29(9)(10) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(9)(c)

[^key-08fbbe166a3991d2f21103884186cb96]: Rule 29(3)(ca) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(9)(a)(i)

[^key-29c91d2b75df2ae9b4ab716144a0c04c]: Words in rule 29(3)(d) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(9)(a)(ii)

[^key-ccdde1d686fbf873a5b1b68b75904282]: Rule 36(4A)(4B) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(10)(b)

[^key-9aa3176946ddffcb4cdbb4802813b018]: Rule 36(7)(8) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(10)(c)

[^key-8ddf1605ea601ff1e0883cc1b83539bb]: Rule 36(3)(ca) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(10)(a)(i)

[^key-91eea1f559ffcc0f72ccf2826d102627]: Words in rule 36(3)(d) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(10)(a)(ii)

[^key-48661e57ec2471116afacf36d76e0bb6]: Rule 45(3ZA) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(12)(b)

[^key-6dfc9d0835b0569ccd4d4ab7b019e39d]: Rule 45(5)-(8) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(12)(c)

[^key-263c1c88e26004bec3f13c1b26926756]: Words in rule 45(1) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(12)(a)

[^M_F_5c469cff-2db6-44c9-a0b5-1ca6cdaea380]: Paragraphs (ba) and (bb) are inserted into section 79(2) of the Children’s Hearings (Scotland) Act 2011 (asp 1) by section 25 of the Children (Scotland) Act 2020 (asp 16).

[^key-8291db127de00ce134dd9a20f14a3c10]: Rule 46A(5)-(7) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(14)(c)

[^key-6e6722ceb74e05bdfbeac69c6b599b8d]: Words in rule 46A(1) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(14)(a)

[^key-32bbee88b76b74cf5e19e5cd53754eb3]: Words in rule 46A(4) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(14)(b)

[^key-a87aab0ceb68d214aa676e4deac3fa32]: Rule 47(6A) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(15)(c)

[^key-b42d26a777a69b18c3b14fb9684ca554]: Rule 47(8) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(15)(d)

[^key-35da5808bd0ca4590ad0b944013f34e8]: Words in rule 47(1) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(15)(a)

[^key-28c8e10dafb0b7c7708405e8491aa69f]: Words in rule 47(3) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(15)(b)

[^key-8a965f6ad4d3019bddd8ab7a9027d4de]: Rule 48(1) omitted (26.7.2021) by virtue of The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(17)(a)

[^key-85d56650ca21643192af4dae220c0d10]: Words in rule 48(3) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(17)(b)

[^key-8551866e56d0446fe0aec5ef87dd3934]: Rule 48(4)-(9) omitted (26.7.2021) by virtue of The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(17)(c)

[^key-3158e87f30c8b4b2483aff3eb10ef42f]: Rule 49 omitted (26.7.2021) by virtue of The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(19)

[^key-91b0048ed1242cca4ceee92d110c48d4]: Rule 49A omitted (26.7.2021) by virtue of The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(20)

[^key-f45bf04f96ffad008d135f23c8c3473d]: Rule 50(4A) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(21)

[^key-c62ececf298fa7c066980cef06f5b865]: Words in rule 52(3)(a)(v) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(22)(a)

[^key-b1dc079a1d5aacb4f458ee097265e81d]: Rule 52(6)(7) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(22)(b)

[^key-63da13bc2da7c1b7cf81749ded6fbada]: Rule 53(6)(7) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(24)

[^key-897f8672c80cb381580d99bcec10836f]: Words in rule 54(a) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(25)

[^key-aae6067e918635e1065e86d5d6713ac4]: Rule 59(1) omitted (26.7.2021) by virtue of The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(27)

[^key-a769e6648b78e58b267369e9edfd3b64]: Rule 59(2) omitted (26.7.2021) by virtue of The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(27)

[^key-d4cf1025e52f2a50a4e9f45f858b7cc2]: Rule 97(2)(ba) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(29)(a)(i)

[^key-0391471ed9d03bbb5d723bd1e6505c94]: Rule 97(2)(da) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(29)(a)(iv)

[^key-09aa716e17a0496ee879628992186ccb]: Words in rule 97(2)(c) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(29)(a)(ii)

[^key-ac0a02cfa8750a6a198e8416a3b15634]: Words in rule 97(2)(d) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(29)(a)(iii)

[^key-16957ee8c864d1088147106e84dd5f7f]: Words in rule 97(4) substituted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(29)(b)

[^key-7ce1baded40a23eea06f9f7a630ff06f]: Rule 98(4) inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(30)

[^key-a4e2d5253e345c9c1cc09c8e3ca5edec]: Rule 2A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(2)

[^key-554a4332f8327520e3d3385c11a2469c]: Rule 23A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(7)

[^key-1a2929b9854d7d5291dd342a67f74361]: Rule 44A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(11)

[^key-3c70047037392aeb66f68ebfb4ee35bc]: Rules 45A, 45B inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(13)

[^key-8a9a652d2c201cd7716ef869235b7b53]: Rule 47A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(16)

[^key-326057395e96aa7183ed8024fa6cb32c]: Rule 48A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(18)

[^key-4cc07e7ce3b16c739f841f9488b7e1ff]: Rule 52A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(23)

[^key-67a06c2daa4c7dd8e01404a8e52888de]: Rule 55A inserted (26.7.2021) by The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2021 (S.S.I. 2021/68), rules 1, 2(26)

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