CHAPTER 2
SCOTTISH CHILDREN'S HEARINGS TRIBUNAL
3 Establishment
(1) The Scottish Children's Hearings Tribunal is established.
(2) Schedule 2 makes further provision about the Tribunal.
4 Functions
(1) The functions of the Tribunal are-
(a) to assist the President in carrying out the functions given to the President by virtue of this and any other enactment,
(b) to facilitate the carrying out of those functions,
(c) to provide suitable accommodation and facilities for children's hearings,
(d) any other function given to the Tribunal by virtue of this and any other enactment.
(2) Accommodation and facilities must be provided for each local government area but need not be sited in that area.
(3) Accommodation and facilities must be dissociated from courts exercising criminal jurisdiction and police stations.
5 Powers
(1) The Tribunal may do anything which it considers appropriate for the purposes of or in connection with its functions.
(2) In particular, the Tribunal may-
(a) acquire and dispose of land and other property,
(b) enter into contracts,
(c) carry out research relevant to the carrying out of its functions by virtue of this and any other enactment,
(d) publish or assist in the publication of materials relevant to the carrying out of its functions by virtue of this and any other enactment,
(e) promote or assist in the promotion of publicity relevant to the carrying out of its functions by virtue of this and any other enactment.
6 Restriction on powers
Nothing in this Act is to be taken to authorise the Tribunal to direct or guide the President in the carrying out the functions given to the President by virtue of this or any other enactment.
7 Directions
(1) The Scottish Ministers may give the Tribunal directions in writing of a general or specific character about the carrying out of its functions.
(2) The Tribunal must comply with such a direction.
(3) The Scottish Ministers may vary or revoke such a direction in writing.
8 Grants
(1) The Scottish Ministers may make grants to the Tribunal of amounts that they determine.
(2) A grant is made subject to the conditions determined by the Scottish Ministers (including conditions about repayment).
9 Annual reports
(1) The Tribunal must, as soon as is reasonably practicable after the end of each financial year, prepare and submit to the Scottish Ministers a report on the carrying out of its functions during the year.
(2) The report must include a copy of so much of the report made to the Tribunal by the President as relates to the year.
(3) The Tribunal may include in the report any other information that it considers appropriate.
(4) The Scottish Ministers must lay before the Scottish Parliament each report submitted to them.
(5) In this section, "financial year" means-
(a) the period beginning with the establishment of the Tribunal and ending on 31 March next occurring or, if that period is of less than 6 months duration, on 31 March after that, and
(b) each subsequent period of a year ending on 31 March.
10 Accounts
(1) The Tribunal must-
(a) keep proper accounts and accounting records,
(b) prepare for each financial year a statement of accounts giving a true and fair view of the state of its financial affairs, and
(c) send the statement of accounts, by the time directed by the Scottish Ministers, to the Auditor General for Scotland for auditing.
(2) Every statement of accounts prepared by the Tribunal must comply with any directions given by the Scottish Ministers relating to one or more of the following matters-
(a) the information to be contained in the statement of accounts,
(b) the manner in which that information is to be presented,
(c) the methods and principles according to which the statement of accounts is to be prepared.
(3) In this section, "financial year" means-
(a) the period beginning with the establishment of the Tribunal and ending on 31 March next occurring or, if that period is of less than 6 months duration, on 31 March after that, and
(b) each subsequent period of a year ending on 31 March.
11 Provision of returns etc. to Scottish Ministers
(1) The Scottish Ministers may direct the Tribunal to give them any returns, accounts or other information specified in the direction with respect to the Tribunal's property and activities or proposed activities.
(2) The Tribunal must-
(a) give the Scottish Ministers any returns, accounts or other information that it is directed to give under subsection (1),
(b) give the Scottish Ministers facilities for the verification of the information given,
(c) permit any person authorised by the Scottish Ministers to inspect and make copies of the accounts, books, documents and papers of the Tribunal for the purposes of verifying the information given, and
(d) give the person an explanation, reasonably required by the person, of anything that the person is entitled to inspect.