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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2022 No. 264 URL: http://www.bailii.org/scot/legis/num_reg/2022/ssi_2022264_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
children and young persons
Made
1st September 2022
Laid before the Scottish Parliament
5th September 2022
Coming into force
1st November 2022
The Scottish Ministers make the following Rules in exercise of the powers conferred by section 177 of the Children’s Hearings (Scotland) Act 2011( 1) and all other powers enabling them to do so.
1. These Rules may be cited as the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2022 and come into force on 1 November 2022.
2. In rule 3 (selection of members of children’s hearing and pre-hearing panel − supplementary) of the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013( 2), omit paragraph (2).
CLARE HAUGHEY
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
1st September 2022
(This note is not part of the Rules)
These Rules amend the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 (“ the 2013 Rules”) in consequence of section 42 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8). That section modifies the duty that section 6(3)(a) of the Children’s Hearings (Scotland) Act 2011 (“ the 2011 Act”) imposes on the National Convener of Children’s Hearings Scotland to ensure that every children’s hearing includes both male and female members. It qualifies the duty to allow for it not being practicable in every case for a hearing to have both male and female members.
The rules for selection of pre-hearing panels are set out in rule 3(2) of the 2013 Rules. In light of section 6(5) of the 2011 Act, which provides that reference in section 6 to a “ children’s hearing” includes a pre-hearing panel, it is considered that rule 3(2) of the 2013 Rules is otiose. Accordingly this amendment removes that duplication and ensures that the 2013 Rules are consistent with the amendment to the 2011 Act.
Impact assessments have been prepared in relation to these Rules and are published online atwww.gov.scot.
2011 asp 1(“ the 2011 Act”). Section 6 of the 2011 Act (selection of members of children’s hearing) is relevantly amended by S.S.I. 2013/211and section 42 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8).
S.S.I. 2013/194to which there are amendments not relevant to this instrument.