The Reporters (Conduct of Proceedings before the Sheriff) (Scotland) Regulations 1997

Made: 7th March 1997

Laid before Parliament: 11th March 1997

Coming into force: 1st April 1997

The Secretary of State and the Lord Advocate, in exercise of the powers conferred on them by section 40(4) of the Children (Scotland) Act 1995[^f00001] and of all other powers enabling them in that behalf, hereby make the following regulations:

Citation and commencement

1

These Regulations may be cited as the Reporters (Conduct of Proceedings before the Sheriff) (Scotland) Regulations 1997 and shall come into operation on 1st April 1997.

Interpretation

2

In these regulations, unless the content otherwise requires—

• “the Act” means the Children (Scotland) Act 1995; and

• “reporter” means for any period prior to 1st April 1997 a person holding an appointment under section 36 of the Social Work (Scotland) Act 1968[^f00002]

Power to conduct proceedings before the sheriff

3

Any reporter having the experience prescribed in regulation 4 of these Regulations shall be entitled, whether or not he is an advocate or a solicitor, to conduct before a sheriff any proceedings which under Chapters 2 or 3 of Part II of the Act are heard by the sheriff.

Prescription of experience required

4

For the purposes of regulation 3 of these regulations the experience prescribed shall be the experience of having been a reporter for any period or periods amounting to not less than one year.

Signed

Mackay of Drumadoon — Lord Advocate — 7th March 1997

James Douglas-Hamilton — Minister of State, Scottish Office — 7th March 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations empower reporters who have a minimum of one year’s experience, to conduct before the sheriff proceedings relating to applications and appeals under Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995. Proceedings before the sheriff includes proceedings before the sheriff principal (see Interpretation Act 1978, Sch.1).

Footnotes

[^f00001]: 1995 c. 36.

[^f00002]: 1968 c. 49.