Children And Young Persons Citation, commencement, interpretation and application 1 1 These Rules may be cited as the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2015 and come into force on 26th January 2015 (“the appointed day”). 2 In these Rules, the “ 2013 Rules ” means the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 . 3 Rule 3 of these Rules applies to proceedings in respect of a child protection order made on or after the appointed day. Amendment of the 2013 Rules 2 The 2013 Rules are amended in accordance with Rules 3 to 7. Maximum period of child protection order 3 In rule 29(1)(b), after “the day” in both places it occurs, insert “after the day on which”. Power to determine that deeming of person as relevant person to end 4 1 In rule 45(1), after “section 79(3)” insert “or (5A)(a)”. 2 In rule 45(3)(b)(ii), at the beginning insert “subject to paragraph (3A)(b),”. 3 After rule 45(3) insert— 3A Where the pre-hearing panel will also determine a matter referred under section 79(5A)(a) or (b) (power to determine that deeming of person as relevant person to end) of the Act, the notice must— a state that fact and the name of the individual whose status as a relevant person has been referred under section 79(5A) of the Act; b inform the individual mentioned in sub-paragraph (a) that, notwithstanding paragraph (3)(b)(ii) above, the individual will not be entitled to take part in any discussion on matters referred under section 79(2)(a) or (b) of the Act unless they continue to be deemed to be a relevant person; and c inform the persons mentioned in paragraph (2)(a), (b) or (e) that they may— i make representations (orally or in writing) to the pre-hearing panel in relation to the matter referred under section 79(5A) of the Act; and ii give any report or other document relevant to that matter for the consideration of the pre-hearing panel. . 4 In rule 45(4)(a), omit “and”. 5 After rule 45(4)(a), insert— aa inform any individual whose status as a relevant person has been referred under section 79(5A) of the Act that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(c) unless they continue to be deemed to be a relevant person; and . 6 In rule 45(4)(b)— a after “mentioned in” insert “paragraph”; and b after “(2)(a), (b) or (e) that” insert “, subject to sub-paragraph (aa),”. 7 After rule 46, insert— Arranging pre-hearing panels to determine whether deeming of relevant person to end 46A 1 Where a pre-hearing panel is to be arranged by virtue of section 79(5A), but not by virtue of section 79(2)(a) or (b), of the Act (whether or not it is also to determine any matter mentioned in section 79(3)), wherever practicable at least 5 days before the intended date of the pre-hearing panel the Reporter must give notice of the pre-hearing panel to the persons mentioned in paragraph (2). 2 Those persons are— a the child; b each relevant person; c any appointed safeguarder; d the three members of the pre-hearing panel; e the National Convener. 3 The notice must inform— a the persons mentioned in paragraph (2) of the date, time and place of the pre-hearing panel; b the persons mentioned in paragraph (2)(a) to (d) that the pre-hearing panel is to determine whether an individual deemed to be a relevant person by virtue of section 81 of the Act should continue to be deemed to be a relevant person in relation to the child and the name of that individual; and c the persons mentioned in paragraph (2)(a) to (c) that they— i have the right to attend the pre-hearing panel; ii may make representations (orally or in writing) to the pre-hearing panel relating to whether the individual whose status as a relevant person has been referred under section 79(5A) should continue to be deemed to be a relevant person; iii may give any report or other document relevant to that matter for the consideration of the pre-hearing panel; iv have the right to request that the Reporter takes all reasonable steps to enable the child and each relevant person to attend the pre-hearing panel by way of telephone, through video link or by using any other method of communication. 4 Where a pre-hearing panel arranged by virtue of section 79(5A) of the Act, but not by virtue of section 79(2)(a) or (b), will also determine any matter referred under section 79(2)(c) the notice must state that fact and— a inform the individual whose status as a relevant person has been referred under section 79(5A) that the individual will not be entitled to take part in any discussion on the matter referred under section 79(2)(c) unless that individual continues to be deemed a relevant person; and b inform the persons mentioned in paragraph (2)(a) to (c) that, subject to sub-paragraph (a), they may— i make representations (orally or in writing) to the pre-hearing panel in relation to any matter to be determined by the panel; and ii give any report or other document relevant to those matters for the consideration of the pre-hearing panel. . 8 In rule 47(1) and (3), for “or 46(2)(a) to (c)” substitute “, 46(2)(a) to (c) or 46A(2)(a) to (c)”. 9 In rule 47(2), (4) and (5), for “or 46(2)(a) to (d)” substitute “, 46(2)(a) to (d) or 46A(2)(a) to (d)”. 10 In rule 47(6), after “relevant person” in each place it occurs, insert “or continue to be deemed to be a relevant person”. 11 In rule 49, for the heading substitute— Procedure at pre-hearing panel determination of matters not relating to relevant person status . 12 After rule 49, insert— Procedure at pre-hearing panel determination of whether to end deemed relevant person status 49A 1 This rule applies to a pre-hearing panel to determine a matter referred under section 79(5A)(a) or (b) of the Act. 2 At the beginning of the pre-hearing panel the chairing member must explain the purpose of the pre-hearing panel. 3 The chairing member— a must invite any of the persons mentioned in paragraph (4), who is in attendance, to give to the pre-hearing panel any representations (orally or in writing) or any other document or information in addition to any given under these Rules that the person wishes to give for the consideration of the pre-hearing panel; and b may invite any other person that the pre-hearing panel consider appropriate to do so. 4 Those persons are— a the child; b any relevant person. 5 Each member of the pre-hearing panel must state their determination on the matter and the reasons for that determination. 6 Once each member of the pre-hearing panel has stated their determination on the matter the chairing member must confirm the determination of the pre-hearing panel in respect of the matter and the reasons for that determination. 7 Where the pre-hearing panel has made a determination on the matter referred under section 79(5A) of the Act the chairing member must inform the persons mentioned in paragraph (8) of their right to appeal that determination under section 160 (appeal to sheriff against relevant person determination) of the Act. 8 Those persons are— a the child; b each relevant person; c the individual whose status as a relevant person was referred under section 79(5A). . 13 In rule 50(1)(a), omit “and”. 14 For rule 50(1)(b), substitute— b whether an individual should continue to be deemed to be a relevant person in relation to the child; and c any other matter referred to the pre-hearing panel. . 15 After rule 50(3), insert— 3A Where the pre-hearing panel determined that an individual is no longer to be deemed a relevant person, as soon as practicable after the pre-hearing panel the Reporter must give notice of that determination to the individual in question and the reasons for that determination. . 16 In rule 50(4), for “or (3)” substitute “, (3) or (3A)”. 17 In rule 52(1), after “section 79(2)” insert “or 79(5A)”. 18 In rule 52(3)(a)(v), after “paragraph (4)” insert “or (5)”. 19 For rule 52(4), substitute— 4 Where the children’s hearing will determine a matter referred under section 79(5A) of the Act the notice must inform the individual whose status as a relevant person has been referred under that section that the individual will not be entitled to take part in any discussion on any matter also referred under section 79(2) unless the individual continues to be deemed to be a relevant person. 5 Where the children’s hearing will determine any matter referred under section 79(2)(c) of the Act the notice must inform the individual mentioned in paragraph (2)(c) or (d) that the individual will not be entitled to take part in any discussion on that matter unless they are deemed to be a relevant person or they continue to be deemed to be a relevant person. . 20 In rule 54(a), for “and 49” substitute “, 49 and 49A”. Grounds hearing: non-acceptance of facts supporting ground 5 1 Rule 59 is amended as follows. 2 In paragraph (1), after “section 67 ground” insert “or supporting fact”. 3 Omit paragraph (3). 4 In paragraph (4) omit “removing any facts denied or otherwise”. Failure of child to attend grounds hearing: power to make interim order 6 In rule 64, after paragraph (4), insert— 5 Where the children’s hearing requires the Reporter to arrange another grounds hearing under section 95(2) of the Act, each member of the children’s hearing must— a state their decision on the exercise of the power conferred by section 95(4) of the Act and the reason for that decision; and b where the decision is to make an interim compulsory supervision order, state their decision in relation to any measure to be contained in the order and the reasons for the inclusion of the proposed measure. 6 Where paragraph (5) applies, the chairing member must— a confirm and explain the decision of the children’s hearing; b state the reasons for that decision; and c subject to sections 74 (relevant person’s duty to attend children’s hearing), 75 (power to proceed in absence of relevant person) and 79 (referral of certain matters for pre-hearing determination) of the Act, inform each relevant person and any safeguarder appointed of the right to appeal the children’s hearing’s decision to make an interim compulsory supervision order under section 154 (appeal to sheriff against decision of children’s hearing) within 21 days of that decision. . Non-disclosure requests in relation to information contained in reports required under section 95(2) of the Adoption and Children (Scotland) Act 2007: duty of Reporter to give reports to certain persons 7 1 In rule 77(6), at the beginning insert “Subject to paragraph (7),”. 2 After rule 77(6) insert— 7 Where a non-disclosure request made under Part 19 of these Rules has been determined by the children’s hearing in relation to information contained in the report and in consequence of that determination the Reporter has, by virtue of rule 15, ensured the removal of that information from the report to be given to a specified person, the Reporter must, within 5 days of the hearing, give to the court mentioned in paragraph (6)(a)— a the report; b the redacted report; and c the details of the determination of the children’s hearing of the non-disclosure request made under Part 19 of these Rules and which the Reporter must keep a record of in accordance with rule 13. 8 In paragraph (7)— “non-disclosure request” has the meaning given by rule 84(1); “redacted report” means the report which has had information removed from it by virtue of rule 15, to give effect to a determination of the children’s hearing of a non-disclosure request made under Part 19 of these Rules; and “specified person” is to be construed in accordance with rule 84(1). . FIONA MCLEOD A member of the Scottish Government St Andrew’s House, Edinburgh 22nd January 2015