Children (Scotland) Bill 5 (3) In section 84 (conditions and considerations application to making of order)— (a) for subsection (5)(a) substitute— “(a) seek to make reasonable arrangements for the child to express the child’s views in a manner that the child has indicated the child prefers,”, 5 (b) for subsection (5)(b)(i) substitute— “(i) any views expressed by the child, taking into account the child’s age and maturity,”, (c) after subsection (5) insert— “(5A) But the court is not required to comply with subsection (5)(a) if satisfied that 10 the child is not capable of forming a view. (5B) The child is to be presumed to be capable of forming a view unless the contrary is shown.”, (d) subsection (6) is repealed. 3 Proceedings under Children’s Hearings (Scotland) Act 2011 15 (1) The Children’s Hearings (Scotland) Act 2011 is modified as follows. (2) In section 27 (views of the child), for subsections (3) and (4) substitute— “(3) The children’s hearing, pre-hearing panel or the sheriff must— (a) seek to make reasonable arrangements for the child to express the child’s views in a manner that the child has indicated the child prefers, and 20 (b) have regard to any views expressed by the child, taking into account the child’s age and maturity. (4) But the children’s hearing, pre-hearing panel or the sheriff is not required to comply with subsection (3) if satisfied that— (a) the child is not capable of forming a view, or 25 (b) the location of the child is not known. (4A) The child is to be presumed to be capable of forming a view unless the contrary is shown.”.