Commentary on Sections Part 16 – Children’s Hearings Section 84 – Power to determine that deeming of person as relevant person to end
256.Section 84 amends section 79 of the 2011 Act (referral of certain matters for pre-hearing determination) and adds a new section 81A into the 2011 Act. Following amendment, the 2011 Act will provide for a pre-hearing panel to determine whether an individual previously deemed for the purposes of the 2011 Act to be a “relevant person” in relation to a child should continue to be deemed a “relevant person” in relation to the child. The amendments at paragraph 12(2), (3) and (7) of schedule 5 are consequential on these substantive provisions. The amendment to section 160 of the 2011 Act at paragraph 12(8) of schedule 5 makes provision for appeal to the sheriff against a determination of the pre-hearing panel.