Application to Sheriff to Establish Grounds of Referral

Orders of the Day — Children (Scotland) Bill – in the House of Commons at 9:45 pm on 1st May 1995.

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Amendments made: No. 171, in page 45, line 31, after the word 'shall' insert ', subject to subsection (4A) below,'. No. 65, in page 45, line 32, leave out 'of their legal representation' and insert 'of each of them to be legally represented'. No. 172, in page 45, line 35, at end insert— '(4A) An application may be heard, in whole or in part, in the absence of the child where the sheriff is satisfied—

  1. (a) in an application in which the ground of referral to be established is a condition mentioned in section 45(2)(d), (e), (f) or (g) of this Act, that the attendance of the child is not necessary for the just hearing of that application; and
  2. (b) in any application, that it would be detrimental to the interests of the child for him to be present at the hearing of the application.'.
No. 173, in page 45, line 36, after 'application' insert 'at which his attendance has not been dispensed with under subsection (4A) above'.—[Lord James Douglas-Hamilton.]