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

Contents

492 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. 1 · Citation, commencement and interpretation
   1. (1) This Act of Sederunt may be cited as the Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 and subject to paragraph
   2. (2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
   3. (3) In this Act of Sederunt— • “the 1987 Act of Sederunt” means the Act of Sederunt (Legal Aid Rules) (Children) 1987; • “the 1997 Act of Sederunt” means the Ac
2. 2 · Amendment of Chapter 1 of the 1997 Act of Sederunt
   1. (1) Chapter 1 of the 1997 Act of Sederunt is amended in accordance with the following subparagraph.
   2. (2) In rule1.2 (interpretation) for the definition of “Principal Reporter” substitute— “• “Principal Reporter” is the person referred to in section 14 of the Ch
3. 3 · Amendment of Chapter 3 of the 1997 Act of Sederunt
   1. (1) Chapter 3 of the 1997 Act of Sederunt is amended in accordance with the following subparagraphs.
   2. (2) The title of Chapter 3 becomes “Children’s Hearings: Applications to the sheriff”.
   3. (3) In rule3.1 (interpretation)—
   4. (4) For rule3.2 (application) substitute— “3.2 1 Rules 3.3 to 3.5 apply where a sheriff is coming to a decision about a matter relating to a child within the me
   5. (5) For rule3.3 (power to dispense with service on child) substitute— “3.3 Where the sheriff is satisfied, so far as practicable and taking account of the age a
   6. (6) In rule3.4 (service on child)—
   7. (7) In rule3.5 (procedure where child wishes to express a view)—
   8. (8) After rule 3.5 insert— “3.5A 1 Unless the sheriff otherwise directs, all documents lodged in process are to be available only to the sheriff, the reporter,
   9. (9) In rule 3.6 (application of rules for safeguarders)—
   10. (10) In rule3.7 (appointment of safeguarder)—
   11. (11) In rule3.8 (rights, powers and duties of safeguarder etc.) after paragraph(e) insert— “f whether or not a party, be entitled to receive from the sheriff cl
   12. (12) The heading of rule3.9 becomes “Representation of safeguarder”.
   13. (13) Rule3.10 (provision where safeguarder intimates his decision not to become a party to the proceedings) is omitted.
   14. (14) In rule3.11 (assigning of diet for hearing) after “Form 32” insert “, Form 32A”.
   15. (15) In rule3.12 (service and notice to persons named in application)—
   16. (16) In rule3.13 (period of notice) in paragraph (2)—
   17. (17) In rule3.14 (citation of witnesses etc.) in paragraph(1)(a) for “first diet” substitute “hearing on evidence”.
   18. (18) In rule3.16 (persons who may effect service)—
   19. (19) In rule3.17 (production of certificates of execution of service) in paragraph(1)(b) for “the post office” substitute “a”.
   20. (20) For rule3.22 (applications for evidence of children by television link) substitute— “3.22 1 On cause shown, a party may apply in the form prescribed in par
   21. (21) In rule3.25 (child assessment orders: interpretation) for “section 55 of the Act” substitute “section 35(1) of the 2011 Act”.
   22. (22) In rule3.27 (orders) in paragraph(3) for “section 55(2) of the Act” substitute “section36(3) of the 2011 Act”.
   23. (23) In rule3.29 (child protection orders: interpretation) for “section 57 of the Act” substitute “section 37 of the 2011 Act”.
   24. (24) In rule3.31 (determination of application) in paragraph (2) for “section 58 of the Act” substitute “section 40, 41 or 42 of the 2011 Act”.
   25. (25) In rule3.32 (intimation of making of order) for subparagraph(b) substitute— “b the persons referred to in section 43(1)(a), (c), (d) and (e) of the 2011 Ac
   26. (26) In rule3.33 (application to vary or set aside a child protection order)—
   27. (27) In each of the following rules, wherever reference is made to “the Act” substitute “the 1995 Act”—
   28. (28) For rule3.39 (power to make child protection order in an application for an exclusion order) substitute— “3.39 Where the sheriff, in terms of section76(8)
   29. (29) Part VI (Warrant for further detention of a child) is omitted.
   30. (30) The heading of Part VII becomes “PROCEDURE IN APPLICATIONS UNDER SECTION 93(2)(a) OR 94(2)(a) OF THE 2011 ACT”.
   31. (31) In rule3.44 (interpretation) for “section 65(7) or (9) of the Act (establishment of grounds for referral)” substitute “section 93(2)(a) or 94(2)(a) of the
   32. (32) In rule3.45 (lodging of application, etc.)—
   33. (33) In rule3.46 (abandonment of application)—
   34. (34) After rule3.46 insert— “3.46A Prior to or at a hearing on evidence under rule3.47 (or any adjournment or continuation thereof under rule3.49), the sheriff
   35. (35) In rule3.47 (Hearing of evidence)—
   36. (36) In rule3.48 (amendment of grounds for referral)—
   37. (37) In rule3.49 (adjournment for inquiry, etc.)
   38. (38) In rule3.50 (power of sheriff in making findings as to offences)—
   39. (39) In rule3.51 (decision of sheriff)—
   40. (40) For rule3.52 (signature of warrants) substitute— “3.52 1 Subject to paragraph(3) a warrant granted under the 2011 Act may be signed by the sheriff or the s
   41. (41) The heading of Part VIII becomes “PROCEDURE IN APPEALS TO THE SHERIFF AGAINST DECISIONS OF CHILDREN’S HEARINGS”.
   42. (42) In rule3.53 (form of appeal)—
   43. (43) In rule3.54 (appointment and intimation of first diet)—
   44. (44) In rule3.55 (answers) for paragraph(1) substitute— “1 Subject to paragraph(1A), if any person on whom service of the appeal has been made wishes to lodge a
   45. (45) In rule3.56 (procedure at hearing of appeal)—
   46. (46) In rule 3.57 (adjournment of appeals)—
   47. (47) In rule3.58 (decision of sheriff in appeals)—
   48. (48) After rule3.58 insert— “3.58A 1 This Part of Chapter 3 applies to applications to the sheriff for a review under section 166(2) of the 2011 Act. 2 An appli
   49. (49) The heading of Part IX becomes “PROCEDURE IN APPEALS BY STATED CASE UNDER PART 15 OF THE 2011 ACT”.
   50. (50) In rule 3.59 (appeals)—
   51. (51) In rule3.60 (lodging of reports and statements with sheriff)—
   52. (52) After rule3.61 (hearing) insert— “3.61A 1 This rule applies to applications for leave to appeal under section 163(2), 164(2) or 165(2) of the 2011 Act. 2 A
   53. (53) The heading of Part X becomes “APPLICATIONS FOR REVIEW OF GROUNDS DETERMINATION”.
   54. (54) For rule3.62 (application) substitute— “3.62 1 An application under section 110 of the 2011 Act for a review of a grounds determination made in terms of se
   55. (55) In rule3.63 (hearing on application)—
   56. (56) Rule 3.64 (hearing to consider the evidence) is omitted.
   57. (57) Before Part XI (Vulnerable Witnesses (Scotland) Act 2004) insert— “3.64A 1 Where a sheriff makes an interim compulsory supervision order under section 100,
   58. (58) In rule3.65 (vulnerable witnesses: interpretation) omit the defined term “admission application” and its related definition.
   59. (59) In rule3.66 (extent of application of this Part) for “in an appeal under section 51(1) or applications under section 65(7) or (9) or 85(1) of the Act” subs
   60. (60) In rule3.75 (lodging of video record and documents)—
   61. (61) In rule3.76 (custody of video record and documents)—
   62. (62) After rule3.76 insert— “3.76A 1 This Part of Chapter 3 applies to proceedings where— a an application is made to the sheriff under section 93(2)(a), 94(2)(
   63. (63) In each of the following rules omit “who has been appointed by the court”—
   64. (64) In rule3.78(1) for “is in Form 79” substitute “is made under rule3.77”.
   65. (65) In rule3.79 for paragraph(1)(a) substitute— “a grant the admission application in whole or in part;”
   66. (66) After rule3.81 insert— “3.81A 1 Where the sheriff makes an order under section 175(1)(or (c) of the 2011 Act, the applicant shall lodge any relevant record
   67. (67) The Index to the Arrangement of Rules is amended accordingly.
4. 4 · Amendment of Schedule 1 to the 1997 Act of Sederunt
   1. (1) Schedule 1 (forms) to the 1997 Act of Sederunt is amended in accordance with the following subparagraphs.
   2. (2) In Form 26 (Notice to child of application for a Child Assessment Order)—
   3. (3) In Form 27 (Notice to child of application to vary or terminate a child protection order)—
   4. (4) In Form 28 (Notice to child of application for an Exclusion Order)—
   5. (5) In Form 29 (Notice to child of application to vary an Exclusion Order)—
   6. (6) For Form 31 (Citation of child) substitute Forms 31, 31A and 31B set out in the Schedule to this Act of Sederunt.
   7. (7) In Form 32 (Form of first order)—
   8. (8) After Form 32 insert Form 32A set out in the Schedule to this Act of Sederunt.
   9. (9) In Form 33 (Form of warrant to cite child)—
   10. (10) In Form 34 (Notice of application for a Child Assessment Order)—
   11. (11) In Form 35 (Notice of application to vary or recall a Child Protection Order)—
   12. (12) In Form 36 (Notice of application for an exclusion order) for “Case No” substitute “Court ref. no.:”.
   13. (13) In Form 37 (Notice of application to vary or recall an exclusion order) for “Case No” substitute “Court ref. no.:”.
   14. (14) In Form 39 (Notice to relevant persons)—
   15. (15) After Form 39 insert Form 39A set out in the Schedule to this Act of Sederunt.
   16. (16) In Form 40 (Notice to safeguarder)—
   17. (17) In Form 41 (Citation of witness or haver)—
   18. (18) In Form 42 (Certificate of execution of citation)—
   19. (19) In Form 43 (Certificate of citation of witness or haver)—
   20. (20) For Form 44 substitute Forms 44A and 44B set out in the Schedule to this Act of Sederunt.
   21. (21) In Form 45 (Application for Child Assessment Order)—
   22. (22) In Form 46 (Child Assessment Order)—
   23. (23) In Form 47 (Application for a Child Protection Order by a local authority)—
   24. (24) In Form 48 (Application for a Child Protection Order (other than by a local authority))—
   25. (25) In Form 49 (Child Protection Order)—
   26. (26) In Form 50 (Notice of Child Protection Order to child)—
   27. (27) In Form 51 (Notice of Child Protection Order to a named person)—
   28. (28) In Form 52 (Application to vary or terminate a Child Protection Order)—
   29. (29) In Form 53 (Variation of Child Protection Order)—
   30. (30) In Form 54 (Application for exclusion order by local authority)—
   31. (31) In Form 55 (Exclusion Order)—
   32. (32) In Form 56 (Certificate of delivery)—
   33. (33) In Form 57 (Application to vary or recall an Exclusion Order)—
   34. (34) In Form 58 (Variation of Exclusion Order)—
   35. (35) For the following Forms, substitute the relevant Form(s) set out in the Schedule to this Act of Sederunt—
   36. (36) For Form 64 (Intimation to child) substitute Forms 64, 64A and 64B set out in the Schedule to this Act of Sederunt.
   37. (37) In Form 65 (Form of warrant to cite Principal Reporter)—
   38. (38) After Form 65 insert Forms 65A, 65B, 65C, 65D and 65E set out in the Schedule to this Act of Sederunt.
   39. (39) In Form 75 (Child witness notice) for paragraph numbered “1” substitute— “1 [A.B.] (the Applicant) is a party to an [application under section [93(2)(a), 9
   40. (40) In Form 76A (Vulnerable witness application) for paragraph numbered “1” substitute— “1 [A.B.] (the Applicant) is a party to an [application under section [
   41. (41) In Form 77 (Application for review of arrangements for vulnerable witness) for paragraph numbered “1” substitute— “1 [A.B.] (the Applicant) is a party to a
   42. (42) In Form 79 (Application for admission of evidence or allowance of questioning)—
   43. (43) The title of Form 80 becomes “Certificate of intimation under section 175 of the Children’s Hearings (Scotland) Act 2011”.
   44. (44) The following Forms are revoked—
5. 5 · Amendment of the Ordinary Cause Rules
   1. (1) The Ordinary Cause Rules are amended in accordance with the following subparagraphs.
   2. (2) Before Chapter 34 (actions relating to heritable property) insert— “33C.1 1 In this Chapter— • “2011 Act” means the Children’s Hearings (Scotland) Act 2011;
   3. (3) The following provisions are revoked—
6. 6 · Adoption Rules
   1. (1) The Sheriff Court Adoption Rules 2009 are amended in accordance with the following subparagraphs.
   2. (2) In rule1(2) (citation and interpretation)—
   3. (3) For rule3 (intimation to Principal Reporter) substitute— “3 1 Where a referral is made, there shall be attached to the interlocutor a section 62 statement,
   4. (4) For rule8(4)(s) (application for adoption order) substitute— “s whether the child is subject to a compulsory supervision order and, if so, what steps have b
   5. (5) In rule12(3)(k) (duties of reporting officer and curator ad litem) for “supervision requirement under section 70 of the 1995 Act” substitute “compulsory sup
   6. (6) For rule29(4)(o) (Convention adoption orders: process and form of application) substitute— “o whether the child is subject to a compulsory supervision order
   7. (7) In each of the following rules for “supervision requirement under section 70 of the 1995 Act” substitute “compulsory supervision order”—
   8. (8) In rule39(1)(b) (final procedure) for “revocation of supervision requirement” substitute “revocation of compulsory supervision order”.
   9. (9) In rule50 (intimation to Principal Reporter) for “supervision requirement under the 1995 Act” substitute “compulsory supervision order”.
   10. (10) In rule51(1)(b)(ii) and 51(8)(c) omit in each case “within the meaning given by section93(2) of the 1995 Act”.
   11. (11) In the Appendix—
7. 7 · Revocation
8. 8 · Transitional and saving provision
   1. (1) The 1987 Act of Sederunt, the 1997 Act of Sederunt, the Sheriff Court Adoption Rules 2009 and the Ordinary Cause Rules as they applied immediately before 24
   2. (2) In relation to the 1997 Act of Sederunt, paragraph(1) is subject to articles6 to 11 of the Children’s Hearings (Scotland) Act 2011 (Transitional, Savings an
9. Schedule 1