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18 September 2024
WestLothianCouncilSubmission
The addition is welcome. However, the existing Pre-Action Requirements have not been amended since commencement in 2012 under the Housing (Scotland) Act 2010.
Committee reports
Date published:
29 January 2025
Budget Scrutiny 2025-26 - Council Tax
Finance and Public Administration Committee's pre-budget 2025-26 scrutiny - Managing Scotland's Finances: A Strategic Approach.
Last updated:
19 March 2026
SPBill74BS062026
C HAPTER 3 C HILDREN ’ S HEARINGS Composition etc. of Children’s Panel, children’s hearings and pre-hearing panels 11 Single member children’s hearings and pre-hearing panels 30 (1) The Children’s Hearings (Scotland) Act 2011 is amended as follows. (2) In section 4 (the Children’s Panel)— (a) after subsection (1) insert— 31 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings “(1A) Persons appointed under subsection (1)— (a) must include— (i) ordinary members, and (ii) chairing members, and 5 (b) may include specialist members of such types as the National Convener considers appropriate.”, (b) in subsection (2)— (i) for paragraph (a) substitute— “(a) such number of— 10 (i) ordinary members, 1 (ii) chairing members, and (iii) where the National Convener has decided to appoint specialist members of a particular type, that type of member, as the National Convener considers appropriate is appointed, and”, 15 (ii) in paragraph (b), for “persons” substitute “both ordinary members and chairing members”. (3) In section 5 (children’s hearing)— (a) the words from “three members” to “enactment” become paragraph (a), (b) after that paragraph insert “, or 20 (b) one member of the Children’s Panel selected in accordance with section 6A for the purpose of carrying out functions which are— (i) conferred on a children’s hearing by virtue of this Act or any other enactment, and (ii) permitted by this Act or any other enactment to be carried out by 25 one member of the Children’s Panel.”. (4) After section 5, insert— “5A Pre-hearing panel A pre-hearing panel consists of— (a) three members of the Children’s Panel selected in accordance with section 30 6 for the purpose of carrying out functions conferred on a pre-hearing panel by virtue of this Act, rules made under section 177 or any other enactment, (b) one member of the Children’s Panel selected in accordance with section 6A for the purpose of carrying out functions which are— 35 (i) conferred on a pre-hearing panel by virtue of this Act, rules made or any other enactment, and under section 177 (ii) permitted by rules made under section 177 or any other enactment to be carried out by one member of the Children’s Panel.”. 32 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings (5) In section 6 (selection of members of children’s hearing)— (a) in subsection (1)— (i) the words from “a children’s hearing” to “enactment” become paragraph (a), 5 (ii) after that paragraph insert “, and (b) either— (i) the functions to be carried out by the children’s hearing consist of or include functions which are not permitted to be carried out by one member of the Children’s Panel, or 10 (iia) the National Convener is required to select three members of the 1 Children’s Panel as members of the children’s hearing by virtue of section 6B(4)(b)(ii) or 6C(5)(b).”, (b) in subsection (3), before paragraph (a), insert— “(aa) includes at least one chairing member,”, 15 (c) for subsection (4) substitute— “(4) A children’s hearing is to be chaired by— (a) the chairing member selected by the National Convener as a member of the children’s hearing, or (b) where the children’s hearing includes more than one chairing member, 20 the chairing member selected by the National Convener to chair the children’s hearing. (4A) The National Convener must, in selecting the members of the children’s hearing (including, where subsection (4)(b) applies, the chairing member who is to chair the hearing)— 25 (a) subject to paragraph (b), have regard to the desirability of the same chairing member chairing all children’s hearings and pre-hearing panels held in relation to a child, (b) so far as practicable, not select as the chairing member of a children’s hearing to be held in relation to a child a chairing member who has, 30 following a previous children’s hearing held in relation to the child, notified the National Convener under subsection (2) of section 6D that subsection (3) of that section applies.”, (d) for subsection (5) substitute— “(5) In this section— 35 “children’s hearing” includes (except in subsection (4B)) a pre-hearing panel, “permitted”, in relation to a function to be carried out by a children’s hearing or a pre-hearing panel, means permitted by this Act, rules made under section 177 or, as the case may be, any other enactment.”. 33 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings (6) The section title of section 6 becomes “Selection of members of children’s hearing: three member hearing”. (7) After section 6, insert— “6A Selection of members of children’s hearing: one member hearing 5 (1) This section applies where— (a) a children’s hearing requires to be arranged by virtue of, or for the purposes of, this Act or any other enactment, (b) the functions to be carried out by the hearing consist solely of functions which are permitted to be carried out by one member of the Children’s 10 Panel, and 1 (c) the National Convener is not required to select three members of the Children’s Panel as members of the children’s hearing by virtue of section 6B(4)(b)(ii) or 6C(5)(b). (1A) The National Convener must select one member of the Children’s Panel for 15 the children’s hearing. (1B) The member of the Children’s Panel selected under subsection (1A) must be a chairing member. (1C) The National Convener must, in selecting the member of the Children’s Panel for the children’s hearing— 20 (a) subject to paragraph (b), have regard to the desirability of the same chairing member chairing all children’s hearings and pre-hearing panels held in relation to a child, (b) so far as practicable, not select as the member of a children’s hearing to be held in relation to a child a chairing member who has, following 25 a previous children’s hearing held in relation to the child, notified the National Convener under subsection (2) of section 6D that subsection (3) of that section applies. (3) The National Convener must ensure that, so far as practicable, the member of the children’s hearing lives or works in the area of the local authority which 30 is the relevant local authority for the child to whom the hearing relates. (4) In this section— “children’s hearing” includes a pre-hearing panel, “permitted” has the same meaning as in section 6. 6B Selection of additional members of children’s hearing 35 (1) This section applies where— (a) a children’s hearing is to be held in relation to a child by virtue of, or for the purposes of, this Act or any other enactment, and (b) the children’s hearing consists of one member of the Children’s Panel selected by the National Convener in accordance with section 6A (“the 40 selected chairing member”). 34 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings (2) The selected chairing member must, before the children’s hearing is held, determine whether subsection (3) applies. (3) This subsection applies where the selected chairing member considers that, in the circumstances of the case, it is appropriate for the functions which are to 5 be carried out by the children’s hearing to be carried out by a children’s hearing consisting of three members of the Children’s Panel. (4) Where subsection (3) applies— (a) the selected chairing member must notify the National Convener of that fact, and 10 (b) the National Convener must— 1 (i) select, in accordance with subsection (5), an additional two members of the Children’s Panel as members of the children’s hearing, or (ii) where it is no longer practicable for the selected chairing member 15 to chair the children’s hearing, select in accordance with section 6 three members of the Children’s Panel as members of the children’s hearing. (5) The National Convener must ensure that the children’s hearing, so far as practicable— 20 (a) includes both male and female members of the Children’s Panel, and (b) consists only of members of the Children’s Panel who live or work in the area of the local authority which is the relevant local authority for the child to whom the hearing relates. (6) Where, following the selection of an additional two members of the Children’s 25 Panel as members of the children’s hearing under subsection (4)(b)(i), the children’s hearing includes more than one chairing member, the children’s hearing is to be chaired by the selected chairing member unless the National Convener selects another chairing member to chair the hearing. (6A) The National Convener must, in selecting the additional members of the 30 children’s hearing (including selecting which chairing member is to chair the children’s hearing)— (a) subject to paragraph (b), have regard to the desirability of the same chairing member chairing all children’s hearings and pre-hearing panels held in relation to a child, 35 (b) so far as practicable, not select as the chairing member of a children’s hearing to be held in relation to a child a chairing member who has, following a previous children’s hearing held in relation to the child, notified the National Convener under subsection (2) of section 6D that subsection (3) of that section applies. 40 (7) In this section, “children’s hearing” includes a pre-hearing panel. 35 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings 6C Selection of members of children’s hearing: determination by previous children’s hearing (1) This section applies where a children’s hearing is held in relation to a child. (2) Where there is no subsisting determination that subsection (3) applies, the 5 chairing member of the children’s hearing may, at the conclusion of the children’s hearing, make a determination as to whether subsection (3) applies. (3) This subsection applies where the chairing member considers that, in the circumstances of the case, it is appropriate for the functions of any subsequent children’s hearing falling with subsection (4) which requires to be arranged 10 in relation to the child to be carried out by a children’s hearing consisting of 1 three members of the Children’s Panel. (4) A children’s hearing falls within this subsection if the functions to be carried out by the children’s hearing consist solely of functions which are permitted to be carried out by one member of the Children’s Panel. 15 (5) Where the chairing member of the children’s hearing determines under subsection (2) that subsection (3) applies— (a) the chairing member must, as soon as reasonably practicable after making the determination, notify the National Convener of that fact, and (b) the National Convener must, in relation to any subsequent children’s 20 hearing falling within subsection (4) which requires to be arranged in relation to the child, select in accordance with section 6 three members of the Children’s Panel as members of the children’s hearing. (6) Where there is a subsisting determination that subsection (3) applies, the chairing member of any subsequent children’s hearing held in relation to the 25 child may make a determination as to whether subsection (3) continues to apply. (7) Where the chairing member of a subsequent children’s hearing determines under subsection (6) that subsection (3) no longer applies— (a) the chairing member must, as soon as reasonably practicable after making 30 the determination, notify the National Convener of that fact, and (b) subsection (5)(b) ceases to apply. (8) In this section— “children’s hearing” includes a pre-hearing panel, and “permitted” has the same meaning as in section 6. 35 6D Selection of members of children’s hearing: continuity of membership (1) This section applies where— (a) a children’s hearing (whether consisting of one member or three members of the Children’s Panel) is held in relation to a child, and (b) the outcome of the children’s hearing is such that at least one subsequent 40 children’s hearing will require to be held in relation to the child. 36 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings (2) The chairing member must, where subsection (3) applies, notify the National Convener of that fact as soon as reasonably practicable after the children’s hearing. (3) This subsection applies where the chairing member considers that it would 5 not be in the best interests of the child for the chairing member to be selected as the chairing member of any subsequent children’s hearings to be held in relation to the child. (4) The chairing member must, in considering whether subsection (3) applies, have regard to any views expressed by the child. 10 (5) In this section, “children’s hearing” includes a pre-hearing panel.”. 1 (8) In section 79 (pre-hearing panels)— (a) in subsection (2)(a), for the words from “three members” to “(a “pre-hearing panel”)” substitute “a pre-hearing panel”, (b) subsection (6) is repealed. 15 (9) Before section 90, insert— “89A Membership of grounds hearings (1) A children’s hearing— (a) arranged under section 69B, 69C or 69F for the purpose of deciding whether a compulsory supervision order should be made in respect of 20 the child must consist of three members of the Children’s Panel, (b) arranged under section 69C for the purpose of considering the statement of grounds may consist of— (i) three members of the Children’s Panel, or (ii) one member of the Children’s Panel, 25 (c) arranged under section 89B(4A), 89C(8)(a) or 95(2) may consist of— (i) three members of the Children’s Panel, or (ii) one member of the Children’s Panel. (2) In this Act, “grounds hearing” means a children’s hearing arranged by virtue of a provision mentioned in subsection (1).”. 30 (10) In section 91 (grounds accepted: powers of grounds hearing)— (a) in subsection (1)(b), for “to make a decision on whether to make a compulsory supervision order” substitute “for a decision on whether to make a compulsory supervision order to be made”, (b) after subsection (1) insert— 35 “(1A) Subsection (1B) applies where the grounds hearing consists of one member of the Children’s Panel. (1B) The grounds hearing must require the Principal Reporter to arrange a children’s hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child. 37 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings (1C) Subsections (2) and (3) apply where the grounds hearing consists of three members of the Children’s Panel.”. (11) In section 92 (powers of grounds hearing on deferral), in subsection (1)— (a) after “where” insert “— 5 “(a) under section 91(1B), the grounds hearing requires the Principal Reporter to arrange a children’s hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child, or”, (b) the words from “under section 91(2)” to the end become paragraph (b). 10 (12) In section 93 (grounds not accepted: application to sheriff or discharge), in subsection 1 (1)(a), for “to make a decision on whether to make a compulsory supervision order” substitute “for a decision on whether to make a compulsory supervision order to be made”. (13) In section 96 (children’s hearing to consider need for further interim compulsory 15 supervision order), after subsection (2) insert— “(2A) The children’s hearing may consist of— (a) three members of the Children’s Panel, or (b) one member of the Children’s Panel.”. (14) In section 119 (children’s hearing following deferral or proceedings under Part 10), in 20 subsection (1), for “section 91(2),” substitute “section 91(1B) or (2),”. (15) In section 177 (children’s hearings: procedural rules)— (a) in subsection (2), after paragraph (a) insert— “(aa) specifying whether a matter that may be determined by a pre-hearing panel (whether by virtue of paragraph (a) or otherwise) may be 25 determined by a pre-hearing panel consisting of one member of the Children’s Panel,”, (b) in subsection (4), after “subsection (2)(a)” insert “, (aa)”. (16) In section 202 (interpretation)— (a) in subsection (1)— 30 (i) in the definition of “grounds hearing” for “section 90” substitute “section 89A(2)”, (ii) in the definition of “pre-hearing panel” for “section 79(2)(a)” substitute “section 5A(1)”, (c) in subsection (2), after “are” insert “, where the children’s hearing consists of 35 three members of the Children’s Panel,”, (d) in subsection (2A), after “are” insert “, where the pre-hearing panel consists of three members of the Children’s Panel,”. 38 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings (17) In schedule 2 (the Children’s Panel), in paragraph 1— (a) in sub-paragraph (1)— (i) for “members” substitute “ordinary members, chairing members and (where the National Convener considers it appropriate) particular types of specialist 5 members”, (ii) for “as a member” substitute “as any type of member”, (b) for sub-paragraph (2) substitute— “(2) It is for the National Convener— (a) to determine any qualifications and experience that a person must have 10 in order to be appointed as— 1 (i) an ordinary member, (ii) a chairing member, or (iii) a specialist member of a particular type, and (b) to appoint persons as ordinary members, chairing members and (where 15 the National Convener considers it appropriate) particular types of specialist members from those recruited under sub-paragraph (1).”, (c) in sub-paragraph (5), for “a panel member” substitute “an ordinary member, a chairing member or, as the case may be, a specialist member”. 12 Remuneration of Children’s Panel members 20 (1) The Children’s Hearings (Scotland) Act 2011 is amended as follows. (2) In schedule 2 (the Children’s Panel), in paragraph 4— (a) in sub-paragraph (1), for the words from “the allowances” to the end substitute “— (a) the allowances to be paid to— 25 (i) panel members, (ii) potential panel members, (b) remuneration to be paid to panel members.”, (b) in sub-paragraph (3)— (i) the words from “to panel members” to “sub-paragraph (1)” become 30 sub-sub-paragraph (a), (ii) in that sub-sub-paragraph, for “sub-paragraph (1)” substitute “sub-paragraph (1)(a)”, (iii) after that sub-sub-paragraph insert “, and (b) to panel members remuneration determined under sub-paragraph (1)(b).”. 39 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings Child’s attendance at children’s hearings and hearings before sheriff 13 Child’s attendance at children’s hearings and hearings before sheriff (1) The Children’s Hearings (Scotland) Act 2011 is amended as follows. (2) In section 73 (child’s duty to attend hearing)— 5 (aa) for subsection (2) substitute— “(2) The child must attend all or part of the children’s hearing if required to do so by— (a) that children’s hearing, or (b) a previous children’s hearing or pre-hearing panel held in relation to the 10 child.”, 1 (b) for subsection (3) substitute— “(3) A children’s hearing may require a child to attend all or part of the children’s hearing only if satisfied that the child’s attendance at the hearing, or that part of the hearing, is necessary— 15 (a) for a fair hearing, or (b) to assist the children’s hearing in making any decision relating to the child. (3A) In deciding whether to require a child to attend all or part of a children’s hearing, the children’s hearing must have regard, in particular, to whether— 20 (a) the child’s attendance at the hearing, or that part of the hearing, would place the child’s health, safety or development at risk, and (b) taking account of the child’s age and maturity, the child would be capable of understanding what happens at the hearing or that part of the hearing.”, (c) subsection (4) is repealed. 25 (3) The section title of section 73 becomes “Child’s duty to attend children’s hearing where required”. (4) In section 78 (rights of certain persons to attend children’s hearing), in subsection (1)(a), for “excused from attending” substitute “required to attend”. (5) In section 79 (referral of certain matters for pre-hearing determination)— 30 (a) in subsection (3)(a), for “excused from attending” substitute “required to attend all or part of”, (b) in subsection (4), for the words from “excuse the child” to the end substitute “require the child to attend all or part of a children’s hearing only if satisfied (having regard to the matters mentioned in section 73(3A)) as mentioned in section 35 73(3).”. (7) In section 93 (grounds not accepted: application to sheriff or discharge) in subsection paragraphs (a) and (b) substitute— (4), for “(a) explain the purpose of the application— (i) where the child is in attendance at the hearing, to the child, and 40 Children (Care, Care Experience and Services Planning) (Scotland) Bill Part 1—Children’s care system Chapter 3—Children’s hearings (ii) (subject to sections 74 and 75) each relevant person in relation to the child.
Official Report
Meeting date:
1 February 2024
Meeting of the Parliament 01 February 2024
Another key theme that was examined in our pre-budget scrutiny was homelessness.
Committee reports
Date published:
11 December 2025
Stage 1 report on the Building Safety Levy (Scotland) Bill - The pre-existing residence exemption
The pre-existing residence exemption applies when “work has been undertaken on a building which was, prior to building work, wholly or partly used as a dwelling”.
Committee reports
Date published:
21 November 2025
Pre-Budget scrutiny 2026-27: funding for culture - Introduction
Introduction
This report details the findings and recommendations of the Constitution, Europe, External Affairs and Culture Committee (‘the Committee’) following its pre-budget scrutiny of the culture portfolio ahead of the 2026-27 Budget.
Last updated:
26 March 2025
Scottish Government response to LRB Stage 1 Report 25 March 2025
I have listened to the views expressed by stakeholders on this matter and I agree with the Committee’s recommendation to adjust the pre-notification timescales. It is important that pre-notification provides an adequate gateway for communities to be able to make a late application to buy land under Part 2 of the CRtB...
Committee reports
Date published:
11 March 2025
Stage 1 report - Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill - Time limits in solemn cases
For new cases that come into the system after 30 November 2025, the pre-pandemic time limits would apply.ixOfficial Report, Criminal Justice Committee, 5 February 2025, col 16
SPICe briefings
Date published:
23 October 2018
Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill - Rule requiring pre-recording of evidence
Rule requiring pre-recording of evidence
The Scottish Government's policy memorandum states that:
The Cabinet Secretary has made his ambition for children not having to give evidence in criminal courts clear and the Government committed to introduce this legislation to encourage the greater use of pre-recorded evide...
Official Report
Meeting date:
19 September 2019
Meeting of the Parliament 19 September 2019
For those who receive pre-released statistics, the benefits are clear.
