Children And Young Persons Citation and commencement 1 These Regulations may be cited as the Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012 and come into force on 26th March 2012. Interpretation 2 In these Regulations— “ the Act ” means the Children’s Hearings (Scotland) Act 2011; and “the Safeguarders Panel ” means the panel of persons established and maintained under section 32(1) of the Act. Recruitment and selection of members of the Safeguarders Panel 3 1 The Scottish Ministers must make arrangements for the recruitment and selection of persons as members of the Safeguarders Panel. 2 The Scottish Ministers must in particular, in such ways as they think fit, publicly advertise for persons to apply to become members of the Safeguarders Panel. 3 The Scottish Ministers may in particular— a invite nominations for persons as potential members of the Safeguarders Panel from such bodies or persons, other than CHS or SCRA, as they consider appropriate; or b make nominations themselves for persons as potential members of the Safeguarders Panel. Safeguarders under 2001 Regulations: recruitment to the Safeguarders Panel 4 The Scottish Ministers must inform all members of panels established under the Panels of Persons to Safeguard the Interests of Children (Scotland) Regulations 2001 of— a the establishment of the Safeguarders Panel; and b the arrangements for the recruitment and selection of persons as members of the Safeguarders Panel. Appointment of members to, and disqualification from, the Safeguarders Panel 5 1 It is for the Scottish Ministers to appoint persons as members of the Safeguarders Panel from those recruited and selected under regulation 3. 2 The Scottish Ministers may only appoint persons as members of the Safeguarders Panel who— a are capable of satisfying the key competencies; and b have experience, which the Scottish Ministers consider appropriate for safeguarders. 3 The Scottish Ministers may only appoint persons as members of the Safeguarders Panel who have successfully completed such pre-appointment training under regulation 8 as Ministers think fit. 4 A person is disqualified from appointment as a member of the Safeguarders Panel or from continuing as a member of the Safeguarders Panel, if the person is or becomes— a a member of CHS; b employed by CHS; c a member of an area support team; d a member of SCRA; e employed by SCRA; f a member of the Children’s Panel; or g directly involved in the establishment, maintenance, operation or management of the Safeguarders Panel. Barred persons 6 The Scottish Ministers must, on being notified that a person is barred from regulated work with children by virtue of the Protection of Vulnerable Groups (Scotland) Act 2007 — a refuse to appoint that person as a member of the Safeguarders Panel; or b where already appointed, remove that person from the Safeguarders Panel. Tenure of appointment and removal of members 7 1 The period for which a person is appointed as a member of the Safeguarders Panel is 3 years. 2 The period for which a person is reappointed as a member of the Safeguarders Panel is to be determined by the Scottish Ministers but must be for a minimum of 1 year and a maximum of 3 years. 3 The Scottish Ministers must reappoint as a member of the Safeguarders Panel a person whose appointment has ceased unless— a the person declines to be reappointed; or b the Scottish Ministers are satisfied that paragraph (4) applies. 4 This paragraph applies if the person is unfit to be a member of the Safeguarders Panel by reason of— a inability; b conduct; or c failure without reasonable excuse to comply with any training requirements imposed by the Scottish Ministers under regulation 8. 5 The Scottish Ministers may remove a member from the Safeguarders Panel during the periods mentioned in paragraphs (1) and (2) if satisfied that paragraph (4) applies. Training of members and potential members of the Safeguarders Panel 8 1 The Scottish Ministers must train, or make arrangements for the training of, members and potential members of the Safeguarders Panel. 2 Such training may be— a pre-appointment training for those potential members of the Safeguarders Panel who might be appointed to it following successful completion of that training; or b continuing training for members of the Safeguarders Panel. 3 Members of the Safeguarders Panel must attend and successfully complete continuing training requirements imposed by the Scottish Ministers. Content of Training 9 The training of members and potential members of the Safeguarders Panel must include— a the role and functions of safeguarders; b the standards expected of safeguarders; and c how safeguarders may best elicit the views of a child. Payment of fees, expenses and allowances to members and potential members of the Safeguarders Panel 10 1 The Scottish Ministers must pay fees to members of the Safeguarders Panel. 2 The Scottish Ministers may pay expenses and allowances, as they think fit, to members and potential members of the Safeguarders Panel. 3 The Scottish Ministers must publish the rates of fees, expenses and allowances payable to members and potential members of the Safeguarders Panel. Operation and management of the Safeguarders Panel 11 1 The Scottish Ministers must keep under review the operation and management of the Safeguarders Panel. 2 In particular the Scottish Ministers must ensure that at all times the membership of the Safeguarders Panel is adequate for the purposes for which it is established. 3 The Scottish Ministers must endeavour to ensure that the Safeguarders Panel includes persons from all local authority areas. 4 The Scottish Ministers must monitor the performance of members of the Safeguarders Panel. 5 Monitoring the performance of members of the Safeguarders Panel may include— a assessing any report prepared by a safeguarder; b recording the attendance of a safeguarder at children’s hearings or court proceedings under Part 10 or 15 of the Act; c observing a safeguarder carrying out their functions, including at children’s hearings or court proceedings under Part 10 or 15 of the Act; and d seeking the views of— i a child in relation to whom a safeguarder was appointed; ii a relevant person in relation to that child; iii members of the Children’s Panel; and iv the Principal Reporter. 6 The Scottish Ministers must establish and publish procedures for complaints against— a the operation and management of the Safeguarders Panel; and b members of the Safeguarders Panel in the performance of their functions. AILEEN CAMPBELL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 21st February 2012