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The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

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Publishing restrictions

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12.—(1) A person must not publish protected information if the publication of the information is intended, or is likely, to identify—

(a)a child mentioned in the protected information; or

(b)an address or school as being that of such a child.

(2) A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) It is a defence for a person (“P”) charged with a contravention of paragraph (1) to show that P did not know or have reason to suspect that the publication of the protected information was likely to identify a child mentioned in the protected information, or, as the case may be, an address or school of such a child.

(4) The prohibition in paragraph (1) does not apply in relation to the publication, by or on behalf of a local authority or an adoption agency, of information about a child for the purposes of making arrangements in relation to the child under the 2011 Act or the Adoption and Children (Scotland) Act 2007(1).

(5) In paragraph (4), “adoption agency” has the meaning given by the Adoption and Children (Scotland) Act 2007.

(6) In this article—

“protected information” means—

(a)

information in relation to—

(i)

a children’s hearing or a pre-hearing panel;

(ii)

an appeal against a decision of a children’s hearing or a determination of a pre‑hearing panel;

(iii)

proceedings before the sheriff under Part 10 or 15 of the 2011 Act; or

(iv)

an appeal from any decision of the sheriff or sheriff principal made under the 2011 Act; and

(b)

information given to the Principal Reporter in respect of a child in reliance on, or satisfaction of, a provision of the 2011 Act or any other enactment; and

“publish” includes in particular—

(a)

to publish matter in a programme service, as defined by section 201 of the Broadcasting Act 1990(2); and

(b)

to cause matter to be published.

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