PART 6CHILDREN’S LEGAL AID, SAFEGUARDERS AND LEGAL REPRESENTATIVES

Persons appointed to safeguard the interests of children and legal representatives

25.—(1) Where on the relevant date a child is subject to ongoing relevant proceedings under the 1995 Act by virtue of article 2 and, in relation to that child, there is appointed either—

(a)a person to safeguard the interests of that child under section 41 of the 1995 Act (safeguarding child’s interests in proceedings); or

(b)a legal representative under the Children’s Hearings (Legal Representation) (Scotland) Rules 2002(1),

that appointment is to continue after the relevant date until the relevant proceedings have concluded.

(2) Where after the relevant date a child is subject to ongoing relevant proceedings under the 1995 Act by virtue of article 2 and a children’s hearing, the sheriff or, as the case may be, a business meeting arranged by the Principal Reporter under section 64(1) of the 1995 Act wishes to appoint either—

(a)a person to safeguard the interests of that child; or

(b)a legal representative in relation to that child,

such an appointment is to be made either under section 41 of the 1995 Act or, as the case may be, under the Children’s Hearings (Legal Representation) (Scotland) Rules 2002.