Contents
Contact
10Regulation of provision of contact services#
(1)The Children (Scotland) Act 1995 is modified as follows.
(2)In section 11 (court orders relating to parental responsibilities etc.)—
(a)in subsection (2)(d), at end insert “ (see subsection (14)) ”,
(b)after subsection (13) insert—“14 Where the court makes a contact order which requires any contact to take place within Scotland at a contact centre, the court may only require that contact to take place through a regulated contact service as defined in section 101C.”
(3)After section 101B (which is inserted by section 17(3) of this Act) insert—“101C 1 The Scottish Ministers may by regulations make provision about the regulation of a contact service provided in relation to the requirements of a contact order.2 Regulations under subsection (1) may in particular—a make provision for the minimum standards to be met by contact service providers, including qualifications and training of staff,b make provision for the registration of contact service providers that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights),c make provision for minimum standards to be met by contact centres (including standards in respect of accommodation),d make provision for the registration of contact centres that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights),e make provision about the conditions on which a regulated contact service provider may, in accordance with the regulations, provide a contact service at a place that is not registered as a contact centre (including conditions about the minimum standards for accommodation at a place if it is to be used for that purpose),f appoint a person or persons for the purposes of administering the registration of contact service providers and contact centres,g confer functions on the appointed person or persons,h determine the fees payable in connection with the registration of a contact service provider or contact centre.3 Functions conferred by virtue of subsection (2)(g) may include—a inspecting contact centres, regulated contact service providers and contact service providers applying for registration,b having risk assessments of contact centres undertaken by persons trained in undertaking such assessments,c issuing reports on the inspection of contact centres, regulated contact service providers and contact service providers applying for registration,d issuing reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people,e refusing to register contact service providers and contact centres, and removing from a register regulated contact service providers and contact centres, that do not meet the minimum standards.4 Regulations under subsection (1)—a may make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for giving full effect to the regulations,b are subject to the affirmative procedure.5 In this section—• “contact centre” means a place that is used for the provision of a contact service,• “contact service” means the facilitation of contact between a child and a person with whom the child is not, or will not be, living (including the handover of the child to that person),• “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,• “regulated contact service” means a contact service that—(a) is provided by a regulated contact service provider, and(b) is either—(i) provided at a place that is registered as a contact centre in accordance with regulations under subsection (1), or(ii) provided in circumstances in which the provider may, in accordance with regulations under subsection (1), provide the service at a place that is not registered as a contact centre,• “regulated contact service provider” means an organisation that is registered in accordance with regulations under subsection (1) to provide contact services.”
13Promotion of contact between looked after children and siblings#
(1)The Children (Scotland) Act 1995 is modified as follows.
(2)In section 17 (duty of local authority to child looked after by them)—
(a)in subsection (1)—
(i)the “and” following paragraph (b) is repealed,
(ii)after paragraph (c) insert“; and d take such steps to promote, on a regular basis, personal relations and direct contact between the child and any person mentioned in subsection (1A) as appear to them to be appropriate having regard to their duty to the child under paragraph (a).”
(b)after subsection (1) insert—“1A The persons referred to in subsection (1)(d) are—a a sibling of the child, andb any other person with whom the child has lived and with whom the child has an ongoing relationship with the character of a relationship between siblings.1B For the purposes of subsection (1A), two people are siblings if they have at least one parent in common.”
(c)in subsection (3)—
(i)the “and” following paragraph (c) is repealed,
(ii)after paragraph (c) insert—“ca any person mentioned in subsection (1A); and”
14Duty to consider contact when making etc. compulsory supervision order#
(1)The Children's Hearings (Scotland) Act 2011 is modified as follows.
(2)In section 29A (duty to consider including contact direction), after subsection (2), insert—“3 In considering whether to include a measure of the type mentioned in section 83(2)(g), the children's hearing or, as the case may be, the sheriff must in particular consider the inclusion of a measure regulating contact between the child and any person mentioned in subsection (4) with whom the child does not reside.4 The persons referred to in subsection (3) are—a a relevant person in relation to the child,b a sibling of the child,c any other person with whom the child has resided and with whom the child has an ongoing relationship with the character of a relationship between siblings.5 For the purposes of subsection (4), two people are siblings if they have at least one parent in common.”
Alternative dispute resolution
23Funding for alternative dispute resolution#
(1)The Scottish Ministers must—
(a)set up a scheme to make assistance available so that individuals can meet the costs of alternative dispute resolution procedures in relation to a dispute of the kind described in subsection (2), or
(b)arrange for assistance to be made available from the Scottish Legal Aid Fund so that individuals can meet those costs.
(2)The kind of dispute referred to in subsection (1) is a dispute that—
(a)is about any of the matters mentioned in section 11(1) of the Children (Scotland) Act 1995, and
(b)either—
(i)has resulted in an order being sought under that section, or
(ii)is likely to do so if it is not resolved through an alternative dispute resolution procedure.
(3)Entitlement to the assistance that is to be made available by virtue of subsection (1) may be made to depend on an individual satisfying any eligibility conditions that the Scottish Ministers consider appropriate.
(4)But any eligibility conditions relating to an individual's financial circumstances may not render an individual ineligible for assistance if the individual's circumstances are such that the individual could not be refused civil legal aid under section 15 of the Legal Aid (Scotland) Act 1986.
(5)Any scheme set up, or arrangement made, in accordance with subsection (1), must be framed so that assistance under it is only available to meet the costs of alternative dispute resolution procedures that ensure regard is had to children's views to at least the same extent as a court would be required to have regard to them by section 11ZB of the Children (Scotland) Act 1995.
(6)Having fulfilled their duty under subsection (1), the Scottish Ministers must lay before the Scottish Parliament a statement explaining how they have done so.
(7)If, at the end of a period described by subsection (8), the Scottish Ministers have not fulfilled their duty under subsection (1), they must lay before the Scottish Parliament a statement explaining why not and stating when they expect to fulfil it.
(8)For the purposes of subsection (7)—
(a)the first period begins on Royal Assent,
(b)after that, a new period begins with the last day of the previous period,
(c)each period ends with the day falling 6 months after it began,
(d)if the previous period ended on the 29th, 30th or 31st of a month and the month falling 6 months later has no such day, the period ends on the last day of that month.
(9)The Scottish Ministers may by regulations make any provision that they consider necessary or appropriate for the purpose of fulfilling their duty under subsection (1).
(10)Regulations under subsection (9) may—
(a)make different provision for different purposes or areas,
(b)modify any enactment.
(11)Regulations under subsection (9) are subject to the affirmative procedure.
24Pilot scheme for mandatory alternative dispute resolution meetings#
(1)The Scottish Ministers must arrange a pilot scheme under which a court, in proceedings to which the scheme applies, may only make an order under section 11(1) of the Children (Scotland) Act 1995—
(a)where the parties to the proceedings have attended a meeting at which the options available to resolve the dispute giving rise to the proceedings are explained, or
(b)if the terms of the scheme allow, where the court has decided on cause shown that it would not be appropriate to require the parties to attend such a meeting.
(2)The terms of the pilot scheme are to be determined by the Scottish Ministers, but the scheme—
(a)must be time limited, and
(b)must not apply to proceedings in which there is a proven or alleged history of abuse between some or all of the parties.
(3)Having fulfilled their duty under subsection (1), the Scottish Ministers must lay before the Scottish Parliament a statement—
(a)describing the pilot scheme,
(b)if the application of the scheme is subject to exceptions (other than an exception required by subsection (2)(b)), an explanation of why the Scottish Ministers consider those exceptions to be appropriate, and
(c)how the Scottish Ministers intend to evaluate—
(i)the scheme's outcomes for—
(A)the children in respect of whom the making of an order under section 11(1) of the Children (Scotland) Act 1995 was considered in proceedings to which the scheme applies,
(B)the parties to proceedings to which the scheme applies, and
(ii)where the scheme has led to a dispute being resolved without an order under section 11(1) of the Children (Scotland) Act 1995 being made, whether regard was had to the child's views in the resolution of the dispute to at least the same extent as a court would have had regard to the child's views when making such an order.
(4)If, at the end of a period described by subsection (5), the Scottish Ministers have not fulfilled their duty under subsection (1), they must lay before the Scottish Parliament a statement explaining why not and stating when they expect to fulfil it.
(5)For the purposes of subsection (4)—
(a)the first period begins on Royal Assent,
(b)after that, a new period begins with the last day of the previous period,
(c)each period ends with the day falling 6 months after it began,
(d)if the previous period ended on the 29th, 30th or 31st of a month and the month falling 6 months later has no such day, the period ends on the last day of that month.
(6)The Scottish Ministers may by regulations make any provision that they consider necessary or appropriate for the purpose of fulfilling their duty under subsection (1).
(7)Regulations under subsection (6) may—
(a)make different provision for different purposes or areas,
(b)modify any enactment.
(8)Regulations under subsection (6) are subject to the affirmative procedure.
(9)As soon as practicable after the pilot scheme ends, the Scottish Ministers must lay before the Scottish Parliament a report setting out—
(a)their findings about—
(i)the scheme's outcomes for the persons mentioned in subsection (3)(c)(i),
(ii)whether, in cases where the scheme has led to a dispute being resolved without an order under section 11(1) of the Children (Scotland) Act 1995 being made, regard was had to children's views in the resolution of those disputes to at least the same extent as a court would have had regard to their views when making such an order, and
(b)what (if anything) they intend to do in light of those findings.
Children's hearings
25Opportunity to participate in hearing#
(1)The Children's Hearings (Scotland) Act 2011 is modified as follows.
(2)In section 79 (referral of certain matters for pre-hearing determination)—
(a)after subsection (2)(b) insert—“ba must, if requested to do so by an individual, refer for determination by a pre-hearing panel the matter of whether the individual meets the criteria specified in rules under section 177 to be afforded the rights mentioned in subsection (5ZA) in relation to the children's hearing,bb must refer for determination by a pre-hearing panel the matter of whether subsection (2) of section 132A applies to an individual if—i the individual has requested a review of a compulsory supervision order under that section, andii the Principal Reporter is not satisfied that the subsection applies to the individual.”
(b)after subsection (4) insert—“5ZA The rights referred to in subsection (2)(ba) are the following rights, as provided for in rules under section 177 and subject to such conditions and limitations as the rules specify—a the right to be notified of the hearing,b the right to provide a report or other document to the hearing,c the right to be provided with documents specified in the rules,d authorisation to attend the hearing,e the right to be represented at the hearing.”
(3)After section 81A insert—“81B 1 Subsection (2) applies where the Principal Reporter has referred to a meeting of a pre-hearing panel the matter of whether subsection (2) of section 132A applies to an individual, or individuals, who have requested a review of a compulsory supervision order under that section.2 The pre-hearing panel must discharge the children's hearing that is to be arranged as a result of the request if—a there is no reason for the children's hearing to be arranged besides the request from the individual, or individuals, in question, andb the pre-hearing panel determines—i that section 132A(2) does not apply to the individual, orii where its application to more than one individual is in question, that it applies to none of them.”
(4)In section 132 (right of child or relevant person to require review)—
(a)after subsection (3) insert—“3A An individual who is entitled to do so by subsection (6) may by giving notice to the Principal Reporter require a review of the order.”
(b)after subsection (5) insert—“6 An individual is entitled to require a review under subsection (3A) if—a the Principal Reporter was satisfied at the relevant time, orb a pre-hearing panel or children's hearing determined,that the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing that most recently made a decision in respect of the order (whether that was a decision to make, vary or continue it).7 Where a children's hearing is arranged as a result (solely or partly) of an individual requiring a review under subsection (3A), the individual is to be treated as an individual whom a pre-hearing panel has determined meets the criteria to be afforded an opportunity to participate in relation to the children's hearing.8 For the purposes of subsections (6) and (7)—a “the criteria to be afforded an opportunity to participate” means the criteria specified in rules under section 177 to be afforded the rights mentioned in section 79(5ZA) in relation to a children's hearing,b “the relevant time” means—i the time when the children's hearing referred to in subsection (6) began, orii if more than one children's hearing is to be regarded as a single children's hearing by virtue of paragraph (c), the time when any one of them began,c if the children's hearing that most recently made a decision in respect of the order was a subsequent children's hearing arranged as a result of an earlier children's hearing deferring making a decision, they are to be regarded as a single children's hearing.”
(c)the title of the section becomes “ Right to require review: child, relevant person and person afforded opportunity to participate ”.
(5)After section 132 insert—“132A 1 The Principal Reporter must initiate a review of a compulsory supervision order in relation to a child if requested to do so by an individual who claims to be an individual to whom subsection (2) applies.2 This subsection applies to an individual if—a the individual did not attend the children's hearing that most recently made a decision in respect of the order (whether that was a decision to make, vary or continue it), andb either—i the conditions in subsection (3) are met, orii the conditions in subsection (4) are met.3 The conditions referred to in subsection (2)(b)(i) are—a neither a pre-hearing panel nor a children's hearing made a determination about whether the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing referred to in subsection (2)(a),b it is more likely than not that had a pre-hearing panel or children's hearing made a determination about that matter at the relevant time, it would have determined that the individual met those criteria in relation to the children's hearing, andc the individual was not afforded the rights mentioned in section 79(5ZA) in relation to the children's hearing as the Principal Reporter either did not consider whether, or was not satisfied that, the individual met those criteria in relation to the children's hearing.4 The conditions referred to in subsection (2)(b)(ii) are—a the Principal Reporter was satisfied at the relevant time, or a pre-hearing panel or children's hearing determined, that the individual met the criteria to be afforded an opportunity to participate in relation to the children's hearing referred to in subsection (2)(a), andb the individual was not able to participate properly in the children's hearing's decision making as a result of—i a material failure to treat the individual, or any representative of the individual, in accordance with the rules, orii exceptional circumstances.5 For the purposes of this section—a “the criteria to be afforded an opportunity to participate” means the criteria specified in the rules to be afforded the rights mentioned in section 79(5ZA) in relation to a children's hearing,b “the relevant time” means—i the time when the children's hearing referred to in subsection (2)(a) began, orii if more than one children's hearing is to be regarded as a single children's hearing by virtue of paragraph (d), the time when any one of them began,c “the rules” means rules under section 177,d if the children's hearing referred to in subsection (2)(a) was a subsequent children's hearing arranged as a result of an earlier children's hearing deferring making a decision, they are to be regarded as a single children's hearing.”
26Appeal against relevant person decision#
(1)The Children's Hearings (Scotland) Act 2011 is modified by subsections (2) and (3).
(2)In section 160 (appeal to sheriff against relevant person determination) in subsection (4) for paragraph (b) substitute—“b where the determination is of one of the following kinds, make an order deeming the individual to be a relevant person in relation to the child—i a determination of a pre-hearing panel or children's hearing under section 81 that the individual is not to be deemed a relevant person in relation to the child,ii a determination of a pre-hearing panel or children's hearing under section 81A that the person is no longer to be deemed a relevant person in relation to the child.”
(3)In section 164 (which provides for an appeal against a sheriff's relevant person decision)—
(a)in subsection (1), for the words from “a determination” to the end substitute“— a a decision of the sheriff in an appeal against a determination of a pre-hearing panel or children's hearing that an individual—i is or is not to be deemed a relevant person in relation to a child,ii is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,b a decision of the sheriff in an appeal against a determination of a review under section 142(2) that an individual is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child.”
(b)in subsection (3), after paragraph (d) insert—“e the Principal Reporter.”
(c)after subsection (3) insert—“3A Despite subsection (1), the Principal Reporter may not appeal against a decision by the sheriff confirming a determination of a children's hearing.”
(4)The Legal Aid (Scotland) Act 1986 is modified by subsection (5).
(5)In section 28F (availability of children's legal aid: appeals relating to deemed relevant person)—
(a)in subsection (1)(d)(i), after “not to be deemed” insert “ , or is no longer to be deemed, ”,
(b)in subsection (1)(d)(ii), after “to be deemed” insert “ , or is to continue to be deemed, ”,
(c)in subsection (1)(e), after “not to be deemed” insert “ , or is no longer to be deemed, ”.
Final provisions
32Power to replace descriptions with actual dates#
(1)The Scottish Ministers may by regulations amend—
(a)section 11B(2) of the Children (Scotland) Act 1995 (“the 1995 Act”), and
(b)section 11D(3) of the 1995 Act,
so that, instead of referring to the day on which the relevant amending section comes into force, they specify the date on which the relevant amending section actually came into force.
(2)The relevant amending section—
(a)in relation to section 11B(2) of the 1995 Act is section 8 of this Act,
(b)in relation to section 11D(3) of the 1995 Act is section 17 of this Act.
33Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.
(2)Regulations under this section may—
(a)make different provision for different purposes,
(b)modify any enactment (including this Act).
(3)Regulations under this section—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
(b)otherwise are subject to the negative procedure.
34Commencement#
(1)The following provisions come into force on the day after Royal Assent: this section and sections 32, 33 and 35.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under this section—
(a)may make different provision for different purposes,
(b)may include transitional, transitory or saving provision.
Further provision about orders under section 11(1) of the Children (Scotland) Act 1995
15Clarification of order-making power#
(1)The Children (Scotland) Act 1995 is modified as follows.
(2)In section 11 (court orders relating to parental responsibilities etc.), after subsection (2) insert—“2A An order doing any of the things mentioned in subsection (2) is to be regarded as an order in relation to at least one of the matters mentioned in subsection (1).”
17Curators ad litem#
(1)The Children (Scotland) Act 1995 is modified as follows.
(2)After section 11C (which is inserted by section 8(2) of this Act) insert—“11D 1 Where a court is considering making an order under section 11(1), the court—a may only appoint a person to act as curator ad litem to a child if the court is satisfied that it is necessary to do so to protect the child's interests,b may only appoint a person who is included on the register maintained in accordance with section 101B,c is to give reasons for the appointment.2 Where, in the course of considering making an order under section 11(1), a court has appointed a curator ad litem, the court must—a decide whether to continue the appointment every 6 months, andb if it decides to continue the appointment, give reasons for the decision.3 Subsection (2) does not apply in relation to a curator ad litem appointed before section 17 of the Children (Scotland) Act 2020 comes into force.”
(3)After section 101A (which is inserted by section 9(2) of this Act) insert—“101B 1 The Scottish Ministers must establish and maintain a register of persons who may be appointed to act as a curator ad litem in accordance with section 11D.2 The Scottish Ministers may by regulations make provision for or in connection with—a the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications),b the processes for including a person on, and removing a person from, the register (including appeal rights),c the process for how, and by whom, a registered person is to be selected as the appointed curator ad litem in a case,d the remuneration by the Scottish Ministers of curators ad litem appointed in accordance with section 11D, including expenses and outlays (such as counsel's fees),e the operation and management of the register.3 Regulations under subsection (2) are subject to the negative procedure.”
Miscellaneous provisions
30Delay in proceedings likely to prejudice child's welfare#
(1)The Children (Scotland) Act 1995 is modified by subsections (2) and (3).
(2)In section 11ZA (paramountcy of child's welfare, and the non-intervention presumption) (which is inserted by section 1(4) of this Act), after subsection (2) insert—“2A When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”
(3)In section 16 (welfare of child and consideration of his views), after subsection (1) insert—“1A When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”
(4)The Adoption and Children (Scotland) Act 2007 is modified by subsection (5).
(5)In section 14 (considerations applying to the exercise of powers), after subsection (3) insert—“3A When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”
(6)The Children's Hearings (Scotland) Act 2011 is modified by subsection (7).
(7)In section 25 (welfare of the child), after subsection (2) insert—“3 The children's hearing, pre-hearing panel or court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.”
Regard to be had to child's views
1Proceedings under Children (Scotland) Act 1995#
(1)The Children (Scotland) Act 1995 is modified as follows.
(2)In section 6 (views of children)—
(a)in subsection (1)—
(i)after “shall” insert “ comply with subsections (1A) and (1D) ”,
(ii)the words after paragraph (b) are repealed,
(b)after subsection (1) insert—“1A The person must—a give the child an opportunity to express the child's views in—i the manner that the child prefers, orii a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, andb have regard to any views expressed by the child, taking into account the child's age and maturity.1B But the person is not required to comply with subsection (1A) if the person is satisfied that—a the child is not capable of forming a view, orb the location of the child is not known.1C In considering whether the child is capable of forming a view, the person is to start with the presumption that the child is.1D The person must, so far as is practicable, have regard to the views of any other person who has parental responsibilities or parental rights in relation to the child.”
(3)In section 11 (court orders relating to parental responsibilities etc.)—
(a)subsections (7) to (7E) are repealed,
(b)in subsection (8), the words “, notwithstanding subsection (7) above,” are repealed,
(c)subsections (9) and (10) are repealed.
(4)After section 11 insert—“11ZA 1 In deciding whether or not to make an order under section 11(1) and what order (if any) to make, the court must regard the welfare of the child concerned as its paramount consideration.2 The court must not make an order under section 11(1) unless it considers that it would be better for the child concerned that the order be made than that none should be made at all.3 When considering the child's welfare and whether it would be better for the child to make an order than not, the court must have regard to the following matters in particular—a the need to protect the child from abuse, or the risk of abuse, which affects, or might affect, the child,b the effect that abuse, or the risk of abuse, might have on the child,c the ability of a person to care for, or otherwise meet the needs of, the child, where that person has carried out, or might carry out, abuse which affects, or might affect, the child,d the effect that abuse, or the risk of abuse, might have on the carrying out of responsibilities in connection with the welfare of the child by a person who has (or, by virtue of an order under section 11(1), would have) those responsibilities,e whether it is, or would be, appropriate for an order to require that two or more persons co-operate with one another with regard to matters affecting the child.4 In subsection (3)—• “abuse” includes—(a) violence, harassment, threatening conduct and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress,(b) abuse of a person other than the child, and(c) domestic abuse,• “conduct” includes—(a) speech, and(b) presence in a particular place or area.11ZB 1 In deciding whether or not to make an order under section 11(1) and what order (if any) to make, the court must—a give the child concerned an opportunity to express the child's views in—i the manner that the child prefers, orii a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, andb have regard to any views expressed by the child, taking into account the child's age and maturity.2 But the court is not required to comply with subsection (1) if satisfied that—a the child is not capable of forming a view, orb the location of the child is not known.3 The child is to be presumed to be capable of forming a view unless the contrary is shown.4 Nothing in this section requires a child to be legally represented in any proceedings in which the child's views are sought, if the child does not wish to be.”
(5)In section 14 (jurisdiction and choice of law in relation to certain matters), in subsection (4), for “subsection (7) of that section” substitute “ sections 11ZA and 11ZB ”.
(6)In section 16 (welfare of child and consideration of his views), for subsection (2) substitute—“2 In the circumstances mentioned in subsection (4), the sheriff must—a give the child concerned an opportunity to express the child's views in—i the manner that the child prefers, orii a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, andb have regard to any views expressed by the child, taking into account the child's age and maturity.2A But the sheriff is not required to comply with subsection (2) if satisfied that—a the child is not capable of forming a view, orb the location of the child is not known.2B The child is to be presumed to be capable of forming a view unless the contrary is shown.”
(7)The italic heading preceding section 11 becomes “ Court orders relating to parental responsibilities etc. ”.
(8)Before section 12, insert as an italic heading “ Exercise of court functions relating to children ”.
Register for child welfare reporters
9Establishment of register#
(1)The Children (Scotland) Act 1995 is modified as follows.
(2)After section 101 insert—“101A 1 A court may only appoint as a child welfare reporter a person who is included on the register maintained in accordance with subsection (2).2 The Scottish Ministers must establish and maintain a register of persons who may be appointed to act as a child welfare reporter.3 The Scottish Ministers may by regulations make provision for or in connection with—a the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications),b the processes for including a person on, and removing a person from, the register (including appeal rights),c the process for how, and by whom, a registered person is to be selected as the appointed child welfare reporter in a case,d the remuneration by the Scottish Ministers of child welfare reporters, including expenses and outlays,e the operation and management of the register.4 Before making, revising or revoking regulations under subsection (3), the Scottish Ministers must consult persons with lived experience of—a domestic abuse,b court-ordered contact.5 Regulations under subsection (3) are subject to the negative procedure.”
Vulnerable witnesses and parties
7Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004#
(1)The Scottish Ministers must—
(a)establish, and
(b)(subject to provision made under subsection (2)(c)) maintain,
a register of solicitors who may be appointed by a court under section 22B(6) of the Vulnerable Witnesses (Scotland) Act 2004.
(2)The Scottish Ministers, by regulations—
(a)must—
(i)specify the requirements that a person must satisfy in order to be included, and remain, on the register (which may include requirements as to training and qualifications),
(ii)set out the processes for including a person on, and removing a person from, the register (including appeal rights),
(b)may provide for the remuneration by the Scottish Ministers of solicitors appointed under section 22B(6) of the Vulnerable Witnesses (Scotland) Act 2004, including expenses and outlays (such as counsel's fees),
(c)may—
(i)confer the duty of maintaining the register on a person, and
(ii)make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for giving full effect to provision made by virtue of sub-paragraph (i).
(3)Before making regulations under subsection (2), the Scottish Ministers must consult—
(a)the Faculty of Advocates, and
(b)the Law Society of Scotland.
(4)Regulations under subsection (2)—
(a)are subject to the affirmative procedure if, by virtue of paragraph (c)(ii) of that subsection, they add to, replace or omit any part of the text of an Act, but
(b)otherwise are subject to the negative procedure.
Contains public sector information licensed under the Open Government Licence v3.0.