The Secretary of State, in exercise of the powers conferred on him by section 42(1) of the Children (Scotland) Act 1995 [1], and of all other powers enabling him in that behalf, hereby makes the following Rules: PART I INTERPRETATION, ETC Citation and commencement
1. These Rules may be cited as the Children's Hearings (Scotland) Rules 1996 and shall come into force on 1st April 1997. Interpretation
2.-(1) In these Rules, unless the context otherwise requires- "the Act" means the Children (Scotland) Act 1995; "the 1978 Act" means the Adoption (Scotland) Act 1978 [2]; "the 1994 Act" means the Local Government etc. (Scotland) Act 1994 [3]; "the 1995 Act" means the Criminal Procedure (Scotland) Act 1995 [4]; "the 1996 Regulations" means the Secure Accommodation (Scotland) Regulations 1996 [5]; "chairman" means the chairman of a children's hearing; "child" has the meaning given to that term by section 93(2)(b) of the Act; "child protection order" has the meaning given to that term by section 57 of the Act; "children's hearing" means a children's hearing as defined in section 39(3) of the Act; "day" means a period of twenty-four hours commencing at midnight; "enactment" includes any order, regulation or other instrument made under the Act; "local authority" means the local authority for the area of the children's hearing; "relevant person" has the meaning given to that term by section 93(2)(b) of the Act; "Principal Reporter" has the meaning given to that term by section 93(1) of the Act; "representative" has the meaning given to that term by rule 11(3) below; "safeguarder" means a person appointed by a children's hearing under section 41(1) of the Act for the purpose of safeguarding the interests of the child in the proceedings; "Scottish Children's Reporter Administration" has the meaning given to that term by section 128 of the 1994 Act; "secure accommodation" means accommodation provided in a residential establishment in accordance with the 1996 regulations for the purpose of restricting the liberty of children.
(2) Unless the context otherwise requires, any reference in these Rules to:
(a) a numbered rule or Form shall be construed as a reference to the rule or Form bearing that number in these Rules; and any reference to a specified paragraph or sub-paragraph shall be construed as a reference to that paragraph or sub-paragraph in the rule in which that reference occurs; and (b) a Form includes a Form substantially to the same effect as that set out in these Rules with such variation as circumstances may require. Notes: [1] 1995 c. 36. [2] 1978 c. 28. [3] 1994 c. 39. [4] 1995 c. 46. [5] 1996 S.I. 3255. |