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COMMENTARY
Regulation 2 - Supervision requirement report
2.-a) The information prescribed for the purposes of section 95(2) of the Adoption and Children (Scotland) Act 2007 to be contained in the report prepared by the children's hearing is-
(a) the terms of the proposed supervision requirement;
(b) the terms of any pre existing supervision requirement;
(c) the report of the proceedings of the children's hearing prepared in accordance with rule 31(1) of the Children's Hearing (Scotland) Rules 1996( 1); and
(d) any other information which the children's hearing considers relevant.
(2) In paragraph (1)(a) and (b) "terms" includes-
(a) any condition contained in the supervision requirement;
(b) any residence requirement; and
(c) any duties imposed on the local authority under section 70(3A) of the Children (Scotland) Act 1995( 2).
These regulations are made under section 95 of the Adoption and Children (Scotland) Act 2007. This section applies where an application for a Permanence Order is before a court and the Children's Hearings proposes to make or modify a supervision requirement.
Section 95(2) of the Adoption and Children (Scotland) Act 2008 places a duty on the Children's Hearing to prepare a report for the court considering a Permanence Order when it proposes to make or modify a supervision requirement in respect of that child. These Regulations specifically deal with the information which must be contained on the report to the court.
The powers to make regulations in section 95 are specific to the information which must be contained in the report to the court, and the circumstances under which the report is required. Other issues such as timescales will be considered as part of an update of the Children's Hearing Rules.
Q1 - Is there any other specific information which may be included on the face of this regulation so that it is not missed in further consideration?
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