Children and Young People (Scotland) Act 2014

2014 asp 8

An Act of the Scottish Parliament to make provision about the rights of children and young people; to make provision about investigations by the Commissioner for Children and Young People in Scotland; to make provision for and about the provision of services and support for or in relation to children and young people; to make provision for an adoption register; to make provision about children's hearings, detention in secure accommodation and consultation on certain proposals in relation to schools; and for connected purposes.

EnactedThe Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th February 2014 and received Royal Assent on 27th March 2014

^F7PART 1 Rights of children¶

^F71 Duties of Scottish Ministers in relation to the rights of children¶

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^F72 Duties of public authorities in relation to the UNCRC¶

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^F73 Authorities to which section 2 applies¶

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^F74 Interpretation of Part 1¶

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PART 2 Commissioner for Children and Young People in Scotland¶

^I635 Investigations by the Commissioner¶

(1) The Commissioner for Children and Young People (Scotland) Act 2003 is amended as follows.

(2) In section 7—

(a) for subsections (1) and (2), substitute—

(1) The Commissioner may carry out an investigation into—

(a) whether, by what means and to what extent a service provider has regard to the rights, interests and views of children and young people in making decisions or taking actions that affect those children and young people (such an investigation being called a “general investigation”);

(b) whether, by what means and to what extent a service provider had regard to the rights, interests and views of a child or young person in making a decision or taking an action that affected that child or young person (such an investigation being called an “individual investigation”).

(2) The Commissioner may carry out a general investigation only if the Commissioner, having considered the available evidence on, and any information received about, the matter, is satisfied on reasonable grounds that the matter to be investigated raises an issue of particular significance to—

(a) children and young people generally; or

(b) particular groups of children and young people.

(2A) The Commissioner may carry out an investigation only if the Commissioner, having considered the available evidence on, and any information received about, the matter, is satisfied on reasonable grounds that the investigation would not duplicate work that is properly the function of another person.

(b) in subsection (3), omit paragraph (b),

(3) In section 8—

(a) in subsection (1), for paragraph (b) substitute—,

(b) in subsection (2), for “An” substitute “ A general ”,

(4) In section 11—

(a) in subsection (1), for “lay before the Parliament” substitute “ prepare ”,

(b) in subsection (3), for “laid before the Parliament” substitute “ finalised ”,

^I866 Requirement to respond to Commissioner's recommendations¶

(1) The Commissioner for Children and Young People (Scotland) Act 2003 is amended as follows.

(2) In section 11—

(a) after subsection (2), insert—,

(b) after subsection (5) (as inserted by section 5 of this Act), add—.

(3) After section 14, insert—

14AA Publication of responses to recommendations of investigations

(1) The Commissioner must publish any statement provided in response to a requirement to respond to a recommendation arising out of a general investigation.

(2) Subsection (1) does not apply if, or to the extent that, the Commissioner considers publication to be inappropriate.

(3) The Commissioner may publish any statement provided in response to a requirement to respond to a recommendation arising out of an individual investigation.

(4) The Commissioner must ensure that, so far as reasonable and practicable having regard to the subject matter, the version of the statement which is published under subsection (1) or (3) does not name or identify any child or young person, or group of children or young people, referred to in it.

(5) The Commissioner may, in such manner as the Commissioner considers appropriate, publicise a failure to comply with a requirement to respond.

PART 3 Children's services planning¶

^I1237 Introductory¶

(1) For the purposes of this Part—

“children's service” means any service provided in the area of a local authority by a person mentioned in subsection (2) which is provided wholly or mainly to, or for the benefit of—
1. children generally, or
2. children with needs of a particular type (such as looked after children or children with a disability or a need for additional support in learning),
“other service provider” means—
1. the chief constable of the Police Service of Scotland,
2. the Scottish Fire and Rescue Service,
3. the Principal Reporter,
4. the National Convener of Children's Hearings Scotland,
5. the Scottish Court Service,
6. an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014.
“related service” means any service provided in the area of a local authority by a person mentioned in subsection (2) which though not a children's service is capable of having a significant effect on the wellbeing of children,
“relevant health board” means––
1. if the area of the local authority is the same as that of a health board, that health board,
2. if the area of the local authority is not the same as that of a health board, the health board within whose area the area of the local authority falls.

(2) The persons referred to in the definitions of “children's service” and “related service” in subsection (1) are—

(a) the local authority,

(b) the relevant health board,

(d) the Scottish Ministers (but only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989).

(3) The Scottish Ministers may by order specify—

(a) services which are to be considered to be included within or excluded from the definition of “children's service” or “related service” in subsection (1),

(b) matters in relation to services falling within either of those definitions which are to be considered to be included within or excluded from those services.

(4) Before making such an order, the Scottish Ministers must consult—

(a) each health board,

(b) each local authority, and

(5) The Scottish Ministers may by order modify the definition of “other service provider” in subsection (1) by—

(a) adding a person or a description of persons,

(b) removing an entry listed in it, or

(6) A function conferred by this Part on a local authority and the relevant health board is to be exercised by those persons jointly.

^I19^I488 Requirement to prepare children's services plan¶

(1) A local authority and the relevant health board must in respect of each 3 year period prepare a children's services plan for the area of the local authority.

^P1(2) In subsection (1)—

“3 year period” means—
1. the period of 3 years beginning with such date after the coming into force of this section as the Scottish Ministers specify by order, and
2. each subsequent period of 3 years,
“children's services plan” means a document setting out their plans for the provision over that period of all—
1. children's services, and
2. related services.

^I79 Aims of children's services plan¶

(1) A children's services plan is to be prepared with a view to securing the achievement of the aims in subsection (2).

(2) Those aims are—

(a) that children's services in the area concerned are provided in the way which—

(i) best safeguards, supports and promotes the wellbeing of children in the area concerned,

(ii) ensures that any action to meet needs is taken at the earliest appropriate time and that, where appropriate, action is taken to prevent needs arising,

(iii) is most integrated from the point of view of recipients, and

(iv) constitutes the best use of available resources,

(b) that related services in the area concerned are provided in the way which, so far as consistent with the objects and proper delivery of the service concerned, safeguards, supports and promotes the wellbeing of children in the area concerned.

^I510 Children's services plan: process¶

(1) In preparing a children's services plan a local authority and the relevant health board must—

(a) give each of the other service providers and the Scottish Ministers an effective opportunity (consistent with the extent to which the services they provide are to be the subject of the children's services plan) to participate in or contribute to the preparation of the plan, and

(b) consult—

(i) such organisations as appear to fall within subsection (2),

(ii) such social landlords as appear to provide housing in the area of the local authority, and

(iii) such other persons as the Scottish Ministers may by direction specify.

(2) The organisations falling within this subsection are organisations (whether or not formally constituted) which—

(a) represent the interests of persons who use or are likely to use any children's service or related service in the area of the local authority, or

(b) provide a service in the area which, if it were provided by the local authority, the relevant health board, any of the other service providers or the Scottish Ministers, would be a children's service or a related service.

(3) In subsection (1)(b)(ii), “social landlords” has the meaning given by section 165 of the Housing (Scotland) Act 2010.

(4) A direction under subsection (1)(b)(iii) may be revised or revoked.

(5) Each of the other service providers is and the Scottish Ministers are to participate in or contribute to the preparation of the children's services plan in accordance with the opportunity given to them under subsection (1)(a).

(6) The persons to be consulted under subsection (1)(b) are to meet any reasonable request which the local authority and the relevant health board make of them—

(a) to participate in the preparation of the children's services plan for the area,

(b) to contribute to the preparation of that plan.

(7) As soon as reasonably practicable after a children's services plan has been prepared, the local authority and the relevant health board must—

(a) send a copy to—

(i) the Scottish Ministers, and

(ii) each of the other service providers, and

(b) publish it (in such manner as the local authority and the relevant health board consider appropriate).

(8) Where the Scottish Ministers or any of the other service providers disagrees with the plan in relation to any matter concerning the provision of a service by them, they must prepare and publish (in such manner as they consider appropriate)—

(a) a notice of the matters in relation to which they disagree, and

(b) a statement of their reasons for disagreeing.

^I311 Children's services plan: review¶

(1) A local authority and the relevant health board—

(a) must keep the children's services plan for the area of the local authority under review, and

(b) may in consequence prepare a revised children's services plan.

(2) The following provisions apply to a revised children's services plan as they apply to a children's services plan—

section 9,
section 10, and
subsection (1) of this section.

^I5112 Implementation of children's services plan¶

(1) During the period to which a children's services plan relates, the persons mentioned in subsection (2) must, so far as reasonably practicable, provide children's services and relevant services in the area of the local authority in accordance with the plan.

(2) Those persons are—

(a) the local authority,

(b) the relevant health board,

(d) the other service providers.

(3) The duty in subsection (1) to provide services in accordance with the plan—

(a) does not apply to the extent that the person providing the service considers that to comply with it would adversely affect the wellbeing of a child,

(b) does not apply in relation to the Scottish Ministers or the other service providers to the extent of any matter within a notice published by them under section 10(8) in relation to the plan.

^I9113 Reporting on children's services plan¶

(1) As soon as practicable after the end of each 1 year period, a local authority and the relevant health board must publish (in such manner as they consider appropriate) a report on the extent to which—

(a) children's services and related services have in that period been provided in the area of the local authority in accordance with the children's services plan, and

(b) that provision has achieved—

(i) the aims listed in section 9(2),

(ii) such outcomes in relation to the wellbeing of children in the area as the Scottish Ministers may by order prescribe.

(2) In subsection (1), “1 year period” means—

(a) the period of 1 year beginning with the date specified under section 8(1), and

(b) each subsequent period of 1 year.

^I5014 Assistance in relation to children's services planning¶

(1) A person mentioned in subsection (2) must comply with any reasonable request made of them to provide a local authority and the relevant health board with information, advice or assistance for the purposes of exercising their functions under this Part.

(2) Those persons are—

(a) any of the other service providers or the Scottish Ministers (but only in so far as the information, advice or assistance relates to a children's service or a related service which it is a function of the person to provide),

(b) any of the persons mentioned in section 10(1)(b).

(3) Subsection (1) does not apply where the person considers that the provision of the information, advice or assistance concerned would—

(a) be incompatible with any duty of the person, or

(b) unduly prejudice the exercise of any function of the person.

^I6615 Guidance in relation to children's services planning¶

(1) A person or the persons mentioned in subsection (2) must have regard to any guidance issued by the Scottish Ministers about the exercise of functions conferred by this Part (other than the function of complying with section 12).

(2) Those persons are—

(a) a local authority and the relevant health board,

(b) each of the other service providers.

(3) Before issuing or revising guidance, the Scottish Ministers must consult—

(a) any person to which it relates, and

(b) such other persons as they consider appropriate.

^I10316 Directions in relation to children's services planning¶

(1) A person or the persons mentioned in subsection (2) must comply with any direction issued by the Scottish Ministers about the exercise of functions conferred by this Part (other than the function of complying with section 12).

(2) Those persons are—

(a) a local authority and the relevant health board,

(b) each of the other service providers.

(3) Before issuing, revising or revoking a direction, the Scottish Ministers must consult—

(a) any person to which it relates, and

(b) such other persons as they consider appropriate.

^I4417 Children's services planning: default powers of Scottish Ministers¶

(1) This section applies where the Scottish Ministers consider that a local authority and the relevant health board—

(a) are not exercising a function conferred on them by this Part (other than the function of complying with section 12), or

(b) are in exercising such a function not complying with section 15(1).

(2) The Scottish Ministers may direct that the function—

(a) is to be exercised in a particular way, or

(b) is to be exercised instead by such of the persons mentioned in subsection (3) as the Scottish Ministers consider appropriate.

(3) Those persons are—

(a) the local authority,

(b) the relevant health board,

(4) A direction under subsection (2)(b) may include such provision as the Scottish Ministers consider appropriate as to the making by a person who is not to be exercising the function of payment to a person who is to exercise the function by virtue of the direction.

(5) Before issuing, revising or revoking a direction under subsection (2) the Scottish Ministers must consult—

(a) the local authority and relevant health board whose failure is to be, or is, the subject of the direction, and

(b) such other persons as they consider appropriate.

(6) The persons to whom a direction under subsection (2) is addressed must comply with the direction.

^I2518 Interpretation of Part 3¶

In this Part—

“children's services plan” has the meaning given by section 8(2),
“service” means any service or support—
1. which must be provided by the person concerned, or
2. which the person concerned has power to provide.

^F14PART 4 Provision of named persons¶

^F1419 Named person service¶

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^F1420 Named person service in relation to pre-school child¶

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^F1421 Named person service in relation to children not falling within section 20¶

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^F1422 Continuation of named person service in relation to certain young people¶

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^F1423 Communication in relation to movement of children and young people¶

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^F1424 Duty to communicate information about role of named persons¶

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^F1425 Duty to help named person¶

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^F1426 Information sharing¶

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^F1427 Disclosure of information¶

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^F1428 Guidance in relation to named person service¶

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^F1429 Directions in relation to named person service¶

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^F1430 Complaints in relation to Part 4¶

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^F1431 Relevant authorities¶

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^F1432 Interpretation of Part 4¶

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^F15PART 5 Child's plan¶

^F1533 Child's plan: requirement¶

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^F1534 Content of a child's plan¶

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^F1535 Preparation of a child's plan¶

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^F1536 Responsible authority: general¶

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^F1537 Responsible authority: special cases¶

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^F1538 Delivery of a child's plan¶

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^F1539 Child's plan: management¶

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^F1540 Assistance in relation to child's plan¶

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^F1541 Guidance on child's plans¶

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^F1542 Directions in relation to child's plans¶

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^F1543 Complaints in relation to Part 5¶

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^F1544 Listed authorities¶

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^F1545 Interpretation of Part 5¶

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PART 6 Early learning and childcare¶

^I7446 Early learning and childcare¶

In this Part, “early learning and childcare” means a service, consisting of education and care, of a kind which is suitable in the ordinary case for children who are under school age, regard being had to the importance of interactions and other experiences which support learning and development in a caring and nurturing setting.

^I147 Duty to secure provision of early learning and childcare¶

^I115^C1(1) An education authority must, in pursuance of its duty under section 1(1) of the 1980 Act, secure that the mandatory amount of early learning and childcare is made available for each eligible pre-school child belonging to its area.

(2) An “eligible pre-school child” is a child who—

(a) is under school age,

(b) has not commenced attendance at a primary school (other than at a nursery class in such a school), and

(i) falls within subsection (3), or

(ii) is within such age range, or is of such other description, as the Scottish Ministers may by order specify.

(3) Subject to subsection (4), a child falls within this subsection if the child is aged 2 or over and

(a) is or has been at any time since the child's second birthday—

(i) looked after by the authority concerned or by any other local authority, or

(ii) the subject of a kinship care order , or

(b) has, or had, a guardian by virtue of an appointment under section 7 of the 1995 Act.

(4) The Scottish Ministers may by order provide that a child aged 4 or over does not (or is no longer to) fall within subsection (3) in such circumstances as may be specified in the order.

(5) An order made under subsection (2)(c)(ii) may provide that a child is to be an eligible pre-school child only if the education authority concerned is satisfied as to any matter relating to the child which is specified in the order.

^I115(6) In subsection (3)(b), “ kinship care order ” has the meaning given by section 72(1).

^I13148 Mandatory amount of early learning and childcare¶

(1) The “mandatory amount”, for the purposes of section 47(1), means—

(a) 1140 hours in each year for which a child is an eligible pre-school child, and

(b) a pro rata amount for each part of a year for which a child is an eligible pre-school child.

(2) The Scottish Ministers may by order modify subsection (1) so as to vary the amount of early learning and childcare which is to be made available in pursuance of section 47(1).

(3) Such an order may, without prejudice to section 99(1)(a), make different provision in relation to different types of eligible pre-school children.

^I9849 Looked after 2 year olds: alternative arrangements to meet wellbeing needs¶

(1) Subsection (2) applies where—

(a) an authority's duty under section 47(1) applies in relation to a child only by virtue of the child falling within section 47(3)(a)(i),

(b) the authority, after assessing the child's needs, considers that making alternative arrangements in relation to the child's education and care would better safeguard or promote the child's wellbeing.

(2) Where this subsection applies, the authority—

(a) need not comply with its duty under section 47(1) in relation to the child, but

(b) must make such alternative arrangements in relation to the child's education and care as it considers appropriate for the purposes of safeguarding or promoting the child's wellbeing.

(3) Subsection (2) does not apply in relation to a child who is not being looked after by the authority if a parent of the child objects to the authority making alternative arrangements.

(4) The authority may, at any time, review any alternative arrangements it makes in relation to a child in pursuance of subsection (2)(b) (and must do so on becoming aware of any significant change in the child's circumstances) and may, following such a review, alter those arrangements.

(5) The authority must seek to ensure that a record of—

(a) the outcome of any assessment of a child's needs that it undertakes in pursuance of subsection (1)(b), and

(b) any alternative arrangements that it makes in relation to the child's education and care in pursuance of subsection (2)(b),

is included in any child's plan which is prepared for the child under Part 5.

^I6950 Duty to consult and plan on delivery of early learning and childcare¶

(1) An education authority must, at least once every 2 years—

(a) consult such persons as appear to it to be representative of parents of children under school age in its area about how it should make early learning and childcare available in pursuance of this Part, and

(b) after having had regard to views expressed, prepare and publish a plan for how it intends to make early learning and childcare available in pursuance of this Part.

(2) The Scottish Ministers may, by order, modify subsection (1) so as to vary the regularity within which an education authority must consult and plan in pursuance of that subsection.

^I6051 Method of delivery of early learning and childcare¶

(1) An education authority must ensure that it makes early learning and childcare available in pursuance of this Part by way of sessions—

(a) which are provided during at least 38 weeks of every calendar year, and

(b) which are each of 10 hours or less in duration.

(2) The Scottish Ministers may, by order, modify subsection (1) so as to vary the method of delivering early learning and childcare which it describes.

^I11752 Flexibility in way in which early learning and childcare is made available¶

In exercising functions under sections 50 and 51, an education authority must have regard to the desirability of ensuring that the method by which it makes early learning and childcare available in pursuance of this Part is flexible enough to allow parents an appropriate degree of choice when deciding how to access the service.

^I13653 Interpretation of Part 6¶

In this Part—

“early learning and childcare” has the meaning given by section 46,
“eligible pre-school child” has the meaning given by section 47(2),
“parent” has the same meaning as in the 1980 Act.

PART 7 Power to provide school education for pre-school children¶

^I12654 Duty to consult and plan in relation to power to provide school education for pre-school children¶

In section 1 of the 1980 Act, after subsection (2A) insert—.

PART 8 Day care and out of school care¶

^I3555 Duty to consult and plan in relation to day care and out of school care¶

(1) Section 27 of the 1995 Act is amended as follows.

(2) After subsection (1) insert—

(1A) A local authority must, at least once every two years—

(a) consult such persons as appear to be representative of parents of children in need within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above about how they should provide day care for such children in pursuance of that subsection; and

(b) after having had regard to the views expressed, prepare and publish their plans for how they intend to provide day care for such children in pursuance of that subsection.

(1B) A local authority must, at least once every two years—

(a) consult such persons as appear to be representative of parents of children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above but are not in need about whether and if so how they should provide day care for such children under that subsection; and

(b) after having had regard to the views expressed, prepare and publish their plans in relation to the provision of day care for such children under that subsection.

(3) After subsection (3) insert—

(3A) A local authority must, at least once every two years—

(a) consult such persons as appear to be representative of parents of children in need within their area who are in attendance at a school about how they should provide appropriate care for such children in pursuance of subsection (3) above; and

(b) after having had regard to the views expressed, prepare and publish their plans for how they intend to provide appropriate care for such children in pursuance of that subsection.

(3B) A local authority must, at least once every two years—

(a) consult such persons as appear to be representative of parents of children within their area who are in attendance at a school but are not in need about whether and if so how they should provide appropriate care for such children under subsection (3) above; and

(b) after having had regard to the views expressed, prepare and publish plans in relation to the provision of appropriate care for such children in their area under that subsection.

(3C) The Scottish Ministers may by order modify subsection (1A), (1B), (3A) or (3B) above so as to vary the regularity within which a local authority must consult and plan in pursuance of that subsection.

(3D) An order made under subsection (3C) above is subject to the negative procedure.

PART 9 Corporate parenting¶

^I11056 Corporate parents¶

(1) The persons listed, or within a description listed, in schedule 4 are “corporate parents” for the purposes of this Part (subject to subsections (3) and (4)).

(2) The Scottish Ministers may by order modify schedule 4 by—

(a) adding a person or description of persons,

(b) removing an entry listed in it, or

(3) The Scottish Ministers are not corporate parents for the purposes of sections 61 to 64.

(4) The following persons are not corporate parents for the purposes of section 64—

(a) the Commissioner for Children and Young People in Scotland,

(b) a body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005.

(5) An order under subsection (2) which adds a person, or a description of persons, to schedule 4, may modify this section so as to provide that the person is not a corporate parent, or the persons within the description are not corporate parents, for the purposes of section 64.

(6) In this Part, references to the “corporate parenting responsibilities” of a corporate parent are to the duties conferred on that corporate parent by section 58(1).

^I28^I8457 Application of Part: children and young people¶

(1) This Part applies to—

(a) every child who is looked after by a local authority, and

(b) every young person who—

(i) is under the age of 26, and

(ii) was (on the person's 16th birthday or at any subsequent time) but is no longer looked after by a local authority.

(2) This Part also applies to a young person who—

(a) is at least the age of 16 but under the age of 26, and

(b) is not of the description in subsection (1)(b)(ii) but is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.

^I3458 Corporate parenting responsibilities¶

(1) It is the duty of every corporate parent, in so far as consistent with the proper exercise of its other functions—

(a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies,

(b) to assess the needs of those children and young people for services and support it provides,

(d) to seek to provide those children and young people with opportunities to participate in activities designed to promote their wellbeing,

(e) to take such action as it considers appropriate to help those children and young people—

(i) to access opportunities it provides in pursuance of paragraph (d), and

(ii) to make use of services, and access support, which it provides, and

(f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people.

(2) The Scottish Ministers may by order—

(a) modify subsection (1) so as to confer, remove or vary a duty on corporate parents,

(b) provide that subsection (1) is to be read, in relation to a particular corporate parent or corporate parents of a particular description, with a modification conferring, removing or varying a duty.

^I8559 Planning by corporate parents¶

(1) A corporate parent must—

(a) prepare a plan for how it proposes to exercise its corporate parenting responsibilities, and

(b) keep its plan under review.

(2) Before preparing or revising a plan, a corporate parent must consult such other corporate parents, and such other persons, as it considers appropriate.

(3) A corporate parent must publish its plan, and any revised plan, in such manner as it considers appropriate (and, in particular, plans may be published together with, or as part of, any other plan or document).

^I13960 Collaborative working among corporate parents¶

(1) Corporate parents must, in so far as reasonably practicable, collaborate with each other when exercising their corporate parenting responsibilities or any other functions under this Part where they consider that doing so would safeguard or promote the wellbeing of children or young people to whom this Part applies.

(2) Such collaboration may include—

(a) sharing information,

(b) providing advice or assistance,

(d) sharing responsibility for action,

(e) funding activities jointly,

(f) exercising functions under this Part jointly (for example, by publishing a joint plan or joint report).

^I4661 Reports by corporate parents¶

(1) A corporate parent must report on how it has exercised—

(a) its corporate parenting responsibilities,

(b) its planning and collaborating functions in pursuance of sections 59 and 60, and

(2) Reports may, in particular, include information about—

(a) standards of performance,

(b) the outcomes achieved in pursuance of this Part.

(3) Reports are to be published in such manner as the corporate parent considers appropriate (and, in particular, reports may be published together with, or as part of, any other report or document).

^I14362 Duty to provide information to Scottish Ministers¶

(1) A corporate parent must provide the Scottish Ministers with such information as they may reasonably require about how it is—

(a) exercising its corporate parenting responsibilities,

(b) planning, collaborating or reporting in pursuance of sections 59, 60 or 61, or

(2) Information which is required may, in particular, include information about—

(a) standards of performance,

(b) the outcomes achieved in pursuance of this Part.

^I14063 Guidance on corporate parenting¶

(1) A corporate parent must have regard to any guidance about corporate parenting issued by the Scottish Ministers.

(2) Guidance may, in particular, include advice or information about—

(a) how corporate parents should—

(i) exercise their corporate parenting responsibilities,

(ii) promote awareness of their corporate parenting responsibilities,

(iii) plan, collaborate or report in pursuance of sections 59, 60 or 61, or

(iv) otherwise exercise functions under this Part,

(b) outcomes which corporate parents should seek to achieve in exercising functions under this Part.

(3) Before issuing or revising guidance, the Scottish Ministers must consult––

(a) any corporate parent to which it relates, and

(b) such other persons as they consider appropriate.

^I5764 Directions to corporate parents¶

(1) A corporate parent must comply with any direction issued by the Scottish Ministers about—

(a) its corporate parenting responsibilities,

(b) its planning, collaborating or reporting functions under sections 59, 60 or 61, or

(2) Before issuing, revising or revoking a direction, the Scottish Ministers must consult––

(a) any corporate parent to which it relates, and

(b) such other persons as they consider appropriate.

^I13265 Reports by Scottish Ministers¶

(1) The Scottish Ministers must, as soon as practicable after the end of each 3 year period, lay before the Scottish Parliament a report on how they have exercised their corporate parenting responsibilities during that period.

(2) In subsection (1), “3 year period” means—

(a) the period of 3 years beginning with the day on which this section comes into force, and

(b) each subsequent period of 3 years.

PART 10 Aftercare¶

^I43^I13866 Provision of aftercare to young people¶

(1) The 1995 Act is amended as follows.

(2) In section 29—

(a) in subsection (1)—

(i) for “over school age” substitute “ who is at least sixteen ”,

(ii) for the words from first “at” substitute,

(b) after subsection (1) insert—,

(i) for “twenty-one” substitute “ twenty-six ”,

(ii) the words from third “and” to the end of the subsection are repealed,

(d) in subsection (3), for “or (2) above” substitute “ above or (5A) or (5B) below ”,

(e) in subsection (4), for “over school” substitute “ who is at least sixteen years of ”,

(f) after subsection (5) insert—,

(g) in subsection (6), for “(5)” substitute “ (5B) ”,

(h) after subsection (7) insert—.

(3) In section 30—

(a) in subsection (2)––

(i) in the opening words, for “Subject to subsection (3) below, a” substitute “ A ”,

(ii) in paragraph (a)—

(A) for “over school” substitute “ at least sixteen years of ”,

(B) for “twenty-one” substitute “ twenty-six ”,

(iii) for paragraph (b) substitute—,

(b) omit subsections (3) and (4).

PART 11 Continuing care¶

67 Continuing care: looked after children¶

^I113^I41(1) After section 26 of the 1995 Act insert—

26A Provision of continuing care: looked after children

(1) This section applies where an eligible person ceases to be looked after by a local authority.

(2) An “eligible person” is a person who—

(a) is at least sixteen years of age, and

(b) is not yet such higher age as may be specified.

(3) Subject to subsection (5) below, the local authority must provide the person with continuing care.

(4) “Continuing care” means the same accommodation and other assistance as was being provided for the person by the authority, in pursuance of this Chapter of this Part, immediately before the person ceased to be looked after.

(5) The duty to provide continuing care does not apply if—

(a) the accommodation the person was in immediately before ceasing to be looked after was secure accommodation,

(b) the accommodation the person was in immediately before ceasing to be looked after was a care placement and the carer has indicated to the authority that the carer is unable or unwilling to continue to provide the placement, or

(c) the local authority considers that providing the care would significantly adversely affect the welfare of the person.

(6) A local authority's duty to provide continuing care lasts, subject to subsection (7) below, until the expiry of such period as may be specified.

(7) The duty to provide continuing care ceases if—

(a) the person leaves the accommodation of the person's own volition,

(b) the accommodation ceases to be available, or

(c) the local authority considers that continuing to provide the care would significantly adversely affect the welfare of the person.

(8) For the purposes of subsection (7)(b) above, the situations in which accommodation ceases to be available include—

(a) in the case of a care placement, where the carer indicates to the authority that the carer is unable or unwilling to continue to provide the placement,

(b) in the case of a residential establishment provided by the local authority, where the authority closes the establishment,

(c) in the case of a residential establishment provided under arrangements made by the local authority, where the arrangements come to an end.

(9) The Scottish Ministers may by order—

(a) make provision about when or how a local authority is to consider whether subsection (5)(c) or (7)(c) above is the case,

(b) modify subsection (5) above so as to add, remove or vary a situation in which the duty to provide continuing care does not apply,

(c) modify subsection (7) or (8) above so as to add, remove or vary a situation in which the duty to provide continuing care ceases.

(10) If a local authority becomes aware that a person who is being provided with continuing care has died, the local authority must as soon as reasonably practicable notify—

(a) the Scottish Ministers, and

(b) Social Care and Social Work Improvement Scotland.

(11) An order under this section—

(a) may make different provision for different purposes,

(b) is subject to the affirmative procedure.

(12) Before making an order under this section, the Scottish Ministers must consult—

(a) each local authority, and

(b) such other persons as they consider appropriate.

(13) In this section—

“carer”, in relation to a care placement, means the family or persons with whom the placement is made,
“care placement” means a placement such as is mentioned in section 26(1)(a) of this Act,
“specified” means specified by order made the Scottish Ministers.

^I93(2) In section 29 of the 1995 Act, after subsection (2) insert—.

PART 12 Services in relation to children at risk of becoming looked after, etc.¶

^I101^I7968 Provision of relevant services to parents and others¶

(1) A local authority must make arrangements to secure that relevant services of such description as the Scottish Ministers may by order specify are made available for––

(a) each eligible child residing in its area,

(b) a qualifying person in relation to such a child,

(d) a qualifying person in relation to such a woman.

(2) A “relevant service” is a service comprising, or comprising any combination of—

(a) providing information about a matter,

(b) advising or counselling about a matter,

(3) An “eligible child” is a child who the authority considers—

(a) to be at risk of becoming looked after, or

(b) to fall within such other description as the Scottish Ministers may by order specify.

(4) A “qualifying person” in relation to an eligible child is a person—

(a) who is related to the child,

(b) who has any parental rights or responsibilities in relation to the child, or

(5) An “eligible pregnant woman” is a pregnant woman who the authority considers is going to give birth to a child who will be an eligible child.

(6) A “qualifying person” in relation to an eligible pregnant woman is a person—

(a) who is the father of the child to whom the pregnant woman is to give birth,

(b) who is married to, in a civil partnership with or otherwise related to the pregnant woman,

(d) who does not fall within any of paragraphs (a) to (c) but who the authority considers will, when the pregnant woman gives birth to the child, become a qualifying person in relation to the child.

(7) The references in this section to a person who is related to another person (“the other person”) includes a person who—

(a) is married to or in a civil partnership with a person who is related to the other person,

(b) is related to the other person by the half blood.

(8) This section is without prejudice to section 22 of the 1995 Act.

^I969 Relevant services: further provision¶

(1) The Scottish Ministers may by order make provision about—

(a) when or how relevant services specified in an order under section 68(1) are to be provided,

(b) when or how a local authority is to consider whether a child is within paragraph (a) or (b) of section 68(3),

(c) when or how a local authority is to review whether a child continues to be within paragraph (a) or (b) of section 68(3),

(d) such other matters about the provision of relevant services specified in an order under section 68(1) as the Scottish Ministers consider appropriate.

(2) An order under subsection (1)(d) may include provision about—

(a) circumstances in which relevant services specified in an order under section 68(1) may be provided subject to conditions (including conditions as to payment), and

(b) consequences of such conditions not being met.

^I5870 Interpretation of Part 12¶

The following expressions have the same meaning in this Part as they have in Part 1 of the 1995 Act—

parental responsibilities
parental rights.

PART 13 Support for kinship care¶

^I49^I11471 Assistance in relation to kinship care orders¶

(1) A local authority must make arrangements to secure that kinship care assistance is made available for a person residing in its area who falls within subsection (3).

(2) “Kinship care assistance” is assistance of such description as the Scottish Ministers may by order specify.

(3) A person falls within this subsection if the person is—

(a) a person who is applying for, or considering applying for, a kinship care order in relation to an eligible child who has not attained the age of 16 years,

(b) an eligible child who has not attained the age of 16 years who is the subject of a kinship care order,

(c) a person in whose favour a kinship care order in relation to an eligible child who has not attained the age of 16 years subsists,

(d) a child who has attained the age of 16 years, where—

(i) immediately before doing so, the child was the subject of a kinship care order, and

(ii) the child is an eligible child,

(e) a person who is a guardian by virtue of an appointment under section 7 of the 1995 Act of an eligible child who has not attained the age of 16 years (but this is subject to subsection (4)),

(f) an eligible child who has a guardian by virtue of an appointment under section 7 of the 1995 Act.

(4) Subsection (3)(e) does not include a person who is also a parent of the child.

(5) An “eligible child” is a child who the local authority considers—

(a) to be at risk of becoming looked after, or

(b) to fall within such other description as the Scottish Ministers may by order specify.

^I8172 Orders which are kinship care orders¶

(1) In section 71, “kinship care order” means—

(a) an order under section 11(1) of the 1995 Act which gives to a qualifying person the right mentioned in section 2(1)(a) of that Act in relation to a child,

(b) a residence order which has the effect that a child is to live with, or live predominantly with, a qualifying person, or

(2) For the purposes of subsection (1), a “qualifying person” is a person who, at the time the order is made—

(a) is related to the child,

(b) is a friend or acquaintance of a person related to the child, or

(3) But a parent of a child is not a “qualifying person” for the purposes of subsection (1).

(4) The references in subsection (2) to a person who is related to a child include a person who is—

(a) married to or in a civil partnership with a person who is related to the child,

(b) related to the child by the half blood.

^I16^I2673 Kinship care assistance: further provision¶

(1) The assistance which may be specified as kinship care assistance includes—

(a) the provision of counselling, advice or information about any matter,

(b) the provision of financial support (or support in kind) of any description,

(2) An order under section 71(1) may specify assistance by reference to assistance which a person was entitled to from, or being provided with by, a local authority immediately before becoming entitled to assistance under that section.

(3) The Scottish Ministers may by order make provision about—

(a) when or how kinship care assistance is to be provided,

(b) when or how a local authority is to consider whether a child is within paragraph (a) or (b) of section 71(5),

(c) when or how a local authority is to review whether a child continues to be within paragraph (a) or (b) of section 71(5),

(d) such other matters about the provision of kinship care assistance as the Scottish Ministers consider appropriate.

(4) An order under subsection (3)(d) may include provision about—

(a) circumstances in which a local authority may provide kinship care assistance subject to conditions (including conditions as to payment for the assistance or the repayment of financial support), and

(b) consequences of such conditions not being met (including the recovery of any financial support provided).

^I13774 Interpretation of Part 13¶

In this Part––

“kinship care assistance” has the meaning given by section 71(2),
“parent” has the same meaning as it has in Part 1 of the 1995 Act.

PART 14 Adoption register¶

^I80^I11975 Scotland's Adoption Register¶

After section 13 of the Adoption and Children (Scotland) Act 2007, insert—

CHAPTER 1A Scotland's Adoption Register

13A Scotland's Adoption Register

(1) The Scottish Ministers must make arrangements for the establishment and maintenance of a register to be known as Scotland's Adoption Register for the purposes of facilitating adoption (referred to in this Chapter as “the Register”).

(2) The Scottish Ministers may by regulations—

(a) prescribe information relating to adoption which is, or types of information relating to adoption which are, to be included in the Register, which may include information relating to—

(i) children who adoption agencies consider ought to be placed for adoption,

(ii) persons considered by adoption agencies as suitable to have a child placed with them for adoption,

(iii) matters relating to such children or persons which arise after information about them is included in the Register,

(iv) children outwith Scotland who may be suitable for adoption,

(v) prospective adopters outwith Scotland,

(b) provide for how information is to be retained in the Register,

(3) The Register is not to be open to public inspection or search.

(4) Information is to be kept in the Register in any form the Scottish Ministers consider appropriate.

13B Registration organisation

(1) Arrangements made by the Scottish Ministers under section 13A(1) may in particular—

(a) authorise an organisation to perform the Scottish Ministers' functions in respect of the Register (other than functions of making subordinate legislation),

(b) provide for payments to be made by the Scottish Ministers to an organisation so authorised.

(2) The Scottish Ministers must publish arrangements under section 13A(1) so far as they authorise an organisation as mentioned in subsection (1)(a).

(3) An organisation authorised in pursuance of subsection (1) (a “registration organisation”) must perform functions delegated to it in accordance with any directions (general or specific) given by the Scottish Ministers.

13C Supply of information for the Register

(1) An adoption agency must provide the Scottish Ministers with such information as may be prescribed in regulations made under section 13A(2) about—

(a) children who it considers ought to be placed for adoption or persons who were included in the Register as such children,

(b) persons who it considers as suitable to have a child placed with them for adoption or persons who were included in the Register as such persons.

(2) Regulations made under section 13A(2) may—

(a) provide that information is to be provided to a registration organisation in pursuance of subsection (1) instead of to the Scottish Ministers,

(b) provide for how and by when information is to be provided in pursuance of subsection (1),

(c) prescribe circumstances in which an adoption agency, despite subsection (1), is not to disclose information of the type prescribed for the purposes of that subsection.

13D Disclosure of information

(1) It is an offence to disclose any information derived from the Register other than in accordance with regulations made under section 13A(2) in pursuance of this section.

(2) Regulations made under section 13A(2) may authorise the Scottish Ministers or a registration organisation to disclose information derived from the Register—

(a) to an adoption agency for the purposes of helping it—

(i) to find persons with whom it would be appropriate to place a child for whom the agency is acting, or

(ii) to find a child who is appropriate for adoption by persons for whom the agency is acting,

(b) to any person (whether or not established or operating in Scotland) specified in the regulations—

(i) for any purpose connected with the performance of functions by the Scottish Ministers or a registration organisation in pursuance of this Chapter,

(ii) for the purpose of enabling the information to be entered in a register which is maintained in respect of England, Wales or Northern Ireland and which contains information about children who are suitable for adoption or prospective adopters,

(iii) for the purpose of enabling or assisting that person to perform any functions which relate to adoption,

(iv) for use for statistical or research purposes, or

(v) for any other purpose relating to adoption.

(3) Regulations made under section 13A(2) may—

(a) set out terms and conditions on which information may be disclosed in pursuance of this section,

(b) specify steps to be taken by an adoption agency in respect of information received in pursuance of subsection (2),

(4) Subsection (1) does not apply to a disclosure of information by or with the authority of the Scottish Ministers.

(5) A person who is guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale, or both.

13E Fees and other payments

Regulations made under section 13A(2) may prescribe—

(a) a fee which is to be paid by an adoption agency when providing information in pursuance of section 13C(1),

(b) a fee which is to be paid to the Scottish Ministers or a registration organisation in respect of a disclosure of information made in pursuance of section 13D(2), (3)(c) or (4),

(c) such other fees to be paid by adoption agencies, or payments to be made by them, in relation to the Register as the Scottish Ministers consider appropriate.

13F Use of an organisation as agency for payments

(1) The Scottish Ministers may by regulations authorise a registration organisation or any other person to act as agent for the payment or receipt of sums payable by adoption agencies to other adoption agencies and may require adoption agencies to pay or receive such sums through the organisation.

(2) A registration organisation or other person authorised under subsection (1) is to perform the functions exercisable by virtue of that subsection in accordance with any directions (general or specific) given by the Scottish Ministers.

13G Supplementary

Nothing authorised or required to be done by virtue of this Chapter constitutes an offence under section 72(2) or 75(1).

PART 15 School closure proposals, etc.¶

^I4276 References to the Schools (Consultation) (Scotland) Act 2010¶

In this Part, references to the 2010 Act are to the Schools (Consultation) (Scotland) Act 2010.

^I9277 Restriction on closure proposals¶

After section 2 of the 2010 Act, insert—

2A Restriction on closure proposals

(1) This section applies where a decision is made not to implement a closure proposal in relation to a school.

(2) For the purposes of subsection (1)—

(a) a decision not to implement a closure proposal is—

(i) a decision not to implement the proposal made by the education authority following the publication of a consultation report in relation to the proposal (whether or not the proposal was called-in under section 15),

(ii) a decision of a School Closure Review Panel in relation to the proposal under section 17C(1)(a),

(b) such a decision is made by a School Closure Review Panel on the day on which the Panel notifies the decision to the education authority in pursuance of section 17C(5).

(3) The education authority may not publish a proposal paper concerning a further closure proposal in relation to the school during the period of 5 years beginning with the day on which the decision is made unless there is a significant change in the school's circumstances.

^I6178 Financial implications of closure proposals¶

In section 4 of the 2010 Act (proposal paper), after subsection (2) insert—.

^I9779 Correction of proposal paper¶

(1) Section 5 of the 2010 Act (correction of the proposal paper) is amended in accordance with subsections (2) to (4).

(2) In subsection (2)—

(a) the word “and” immediately following paragraph (a) is repealed,

(b) after that paragraph insert—,

(c) in paragraph (b), for “subsection (3)” substitute “ subsection (4) and of the reasons why it is, or is not, taking such action ”,

(d) after paragraph (b) insert.

(3) After that subsection insert—.

(4) For subsection (3) substitute—

(3) Subsection (4) applies—

(a) where, in a situation mentioned in subsection (1)(a), the education authority determines that—

(i) relevant information has (in its opinion) been omitted from the proposal paper, or

(ii) there is (in fact) an inaccuracy in the proposal paper,

(b) in a situation mentioned in subsection (1)(b).

(4) Where—

(a) the information that has been omitted or, as the case may be, the inaccuracy relates to a material consideration relevant to the education authority's decision as to implementation of the proposal, it must take action as mentioned in subsection (5)(a) or (b),

(b) that information or inaccuracy does not relate to such a material consideration, the authority may—

(i) take action as mentioned in subsection (5)(a) or (b), or

(ii) take no further action (except by virtue of section 10(3)).

(5) The action referred to in subsection (4)(a) and (b)(i) is—

(a) to take the following steps—

(i) publish a corrected proposal paper,

(ii) give revised notice in accordance with section 6, and

(iii) send a copy of the corrected paper to HMIE,

(b) to issue a notice to the relevant consultees and HMIE—

(i) providing the omitted information or, as the case may be, correcting the inaccuracy, and

(ii) if the authority considers it appropriate, extending the consultation period by such period as is reasonable by reference to the significance of the information provided or, as the case may be, the nature of the correction.

(6) Where the education authority issues a notice mentioned in subsection (5)(b) after the end of the consultation period—

(a) the notice may, instead of extending the consultation period, specify such further period during which representations may be made on the proposal as is reasonable by reference to the significance of the information provided or, as the case may be, the nature of the correction, and

(b) any such further period is to be treated as part of the consultation period for the purposes of sections 8, 9 and 10.

(5) In section 10 of the 2010 Act (content of the consultation report), in subsection (3)—

(a) in the opening text, after “applies,” insert “ including any alleged omission or inaccuracy notified to the education authority, ”,

(b) in paragraph (a), after “inaccuracy” insert “ , or (as the case may be) the alleged omission or inaccuracy, ”,

(d) after that paragraph insert—.

^I6580 Special provision for rural school closure proposals¶

(1) Before section 12 of the 2010 Act (factors for rural school closure proposals), insert—

11A Presumption against rural school closure

(1) This section applies in relation to any closure proposal as respects a rural school.

(2) The education authority may not decide to implement the proposal (wholly or partly) unless the authority—

(a) has complied with sections 12, 12A and 13, and

(b) having so complied, is satisfied that such implementation of the proposal is the most appropriate response to the reasons for formulating the proposal identified by the authority under section 12A(2)(a).

(3) The authority must publish on its website notice of—

(a) its decision as to implementation of the proposal, and

(b) where it decides to implement the proposal (wholly or partly), the reasons why it is satisfied that such implementation is the most appropriate response to the reasons for formulating the proposal identified by the authority under section 12A(2)(a).

(2) In that section—

(a) subsection (3)(a) is repealed,

(b) in subsection (4), after “(3)(b)” insert “ and sections 12A(2)(c)(ii) and 13(5)(b)(ii) ”,

(3) After that section, insert—

12A Preliminary requirements in relation to rural school closure

(1) This section applies where an education authority is formulating a closure proposal as respects a rural school.

(2) The authority must—

(a) identify its reasons for formulating the proposal,

(b) consider whether there are any reasonable alternatives to the proposal as a response to those reasons,

(i) the likely educational benefits in consequence of the implementation of the proposal, or as the case may be, alternative,

(ii) the likely effect on the local community (assessed in accordance with section 12(4)) in consequence of such implementation,

(iii) the likely effect that would be caused by any different travelling arrangements that may be required (assessed in accordance with section 12(5)) in consequence of such implementation.

(3) For the purposes of this section and section 13, reasonable alternatives to the proposal include (but are not limited to) steps which would not result in the school or a stage of education in the school (within the meaning of paragraph 12 of schedule 1) being discontinued.

(4) The authority may not publish a proposal paper in relation to the proposal unless, having complied with subsection (2), it considers that implementation of the closure proposal would be the most appropriate response to the reasons for the proposal.

(5) In this section and section 13, the references to the reasons for the proposal are references to the reasons identified by the education authority under subsection (2)(a).

(4) For section 13 of the 2010 Act substitute—

13 Additional consultation requirements

(1) This section applies in relation to any closure proposal as respects a rural school.

(2) The proposal paper must additionally—

(a) explain the reasons for the proposal,

(b) describe what (if any) steps the authority took to address those reasons before formulating the proposal,

(d) set out any alternatives to the proposal identified by the authority under section 12A(2)(b),

(e) explain the authority's assessment under section 12A(2)(c),

(f) explain the reasons why the authority considers, in light of that assessment, that implementation of the closure proposal would be the most appropriate response to the reasons for the proposal.

(3) The notice to be given to relevant consultees under section 6(1) must—

(a) give a summary of the alternatives to the proposal set out in the proposal paper,

(b) state that written representations may be made on those alternatives (as well as on the proposal), and

(4) In sections 8(4)(c), 9(4) and 10(2)(a), the references to written representations on the proposal include references to written representations on the alternatives to the proposal set out in the proposal paper.

(5) When carrying out its review of the proposal under section 9(1), the education authority is to carry out—

(a) for the proposal and each of the alternatives to it set out in the proposal paper (if any), a further assessment of the matters mentioned in section 12A(2)(c)(i) to (iii), and

(b) an assessment, in relation to any other reasonable alternative to the proposal suggested in written representations on the proposal, of—

(i) the likely educational benefits in consequence of the implementation of the alternative,

(ii) the likely effect on the local community (assessed in accordance with section 12(4)) in consequence of such implementation,

(iii) the likely effect that would be caused by any different travelling arrangements that may be required (assessed in accordance with section 12(5)) in consequence of such implementation.

(6) The consultation report must additionally explain—

(a) the education authority's assessment under subsection (5)(a),

(b) how that assessment differs (if at all) from the authority's assessment under section 12A(2)(c),

(d) whether and, if so, the reasons why the authority considers that implementation of the proposal (wholly or partly) would be the most appropriate response to the reasons for the proposal.

(5) In section 1 of the 2010 Act (overview of key requirements), after subsection (4) insert—.

81 Call-in of closure proposals¶

(1) In section 15 of the 2010 Act (call-in of closure proposals)—

^I128(a) in subsection (2), after paragraph (b)(ii) insert—,

^I128(b) after that subsection insert—,

^I128(c) in each of subsections (3), (4) and (6) for “6” substitute “ 8 ”,

^I56(d) subsection (5) is repealed.

^I56(2) Section 16 of the 2010 Act is repealed.

(3) In section 17 of the 2010 Act (grounds for call-in etc.)—

^I56(a) in subsection (3)—

(i) the word “or” immediately following paragraph (a) is repealed,

(ii) paragraph (b) is repealed,

^I128(b) after that subsection insert—.

^I109^I6^I133^I39^I99(4) After section 17 of the 2010 Act insert—

17A Referral to the Convener of the School Closure Review Panels

(1) This section applies where a call-in notice is issued as respects a closure proposal.

(2) The Scottish Ministers must refer the proposal to the Convener of the School Closure Review Panels.

(3) The Convener must, within the period of 7 days beginning with the day on which the call-in notice is issued, constitute a School Closure Review Panel to review the proposal under section 17B(1).

(4) The education authority may not implement the proposal (wholly or partly)—

(a) unless the Panel grants its consent to it under section 17C(1), and

(b) until—

(i) the period mentioned in section 17D(2)(c) has expired without any appeal to the sheriff being made, or

(ii) where such an appeal is made, it is abandoned or the sheriff confirms the Panel's decision.

(5) Schedule 2A makes further provision about the Convener and School Closure Review Panels.

(6) In this Act—

(a) “the Convener” is the Convener of the School Closure Review Panels,

(b) a “School Closure Review Panel” is a School Closure Review Panel constituted under subsection (3).

17B Review by Panel

(1) A School Closure Review Panel must consider both of the following in relation to a closure proposal—

(a) whether the education authority has failed in a significant regard to comply with the requirements imposed on it by (or under) this Act so far as they are relevant in relation to the proposal,

(b) whether the education authority has failed to take proper account of a material consideration relevant to its decision to implement the proposal.

(2) The education authority must provide the Panel with such information in connection with the proposal as the Panel may reasonably require of it for the purpose of subsection (1).

(3) HMIE must provide the Panel with such advice as to the educational aspects of the proposal as the Panel may reasonably require of them for the purpose of subsection (1).

(4) The Panel may request such other information and advice from any other person as it may reasonably require for the purpose of subsection (1).

(5) The Scottish Ministers may by regulations make further provision as to the procedures to be followed by the Panel when carrying out a review under subsection (1).

17C Decision following review

(1) Following a review of a closure proposal under section 17B(1), the School Closure Review Panel may—

(a) refuse to consent to the proposal,

(b) refuse to consent to the proposal and remit it to the education authority for a fresh decision as to implementation,

(i) subject to conditions, or

(ii) unconditionally.

(2) The Panel must give reasons for its decision.

(3) Where the Panel remits the proposal to the education authority under subsection (1)(b), the Panel may specify any steps in the process provided for in sections 1 to 11 and (in relation to a closure proposal as respects a rural school) 12A that the authority must take again in relation to the proposal before making a fresh decision.

(4) The Panel may refuse to consent to the proposal under subsection (1)(a) or (b) only if the Panel finds either or both of the following—

(a) that the education authority has failed in a significant regard to comply with the requirements imposed on it by (or under) this Act so far as they are relevant in relation to the proposal,

(b) that the authority has failed to take proper account of a material consideration relevant to its decision to implement the proposal.

(5) The Panel must notify the education authority of its decision within the period of 8 weeks beginning with the day on which the Panel is constituted unless (before the end of that period) the Panel issues a notice to the education authority—

(a) stating that the Panel does not intend to notify the decision within that period,

(b) specifying the reason why that is so, and

(6) Where the Panel issues a notice under subsection (5), it must notify the education authority of its decision within the period of 16 weeks beginning with the day on which the Panel is constituted.

(7) After the Panel notifies the education authority of its decision, the Panel must—

(a) notify the Scottish Ministers of the decision, and

(b) publish notice of the decision in such manner as it considers appropriate.

(8) Where the Panel grants consent to the proposal subject to conditions, the education authority must comply with the conditions.

17D Appeal against decision of the Panel

(1) An appeal may be made to the sheriff against a decision of a School Closure Review Panel under section 17C(1) by—

(a) the education authority,

(b) a relevant consultee in relation to the closure proposal.

(2) An appeal under subsection (1)—

(a) may be made only on a point of law,

(b) must be made by way of summary application,

(c) must be made within the period of 14 days beginning with the day on which the Panel publishes notice of the decision under section 17C(7)(b).

(3) In the appeal, the sheriff may—

(a) confirm the decision, or

(b) quash the decision and refer the matter back to the Panel.

(4) The sheriff's determination of the appeal is final.

^I109^I39(5) After schedule 2 to the 2010 Act, insert—

SCHEDULE 2A

School Closure Review Panels

(introduced by section 17A)

Convener of the School Closure Review Panels

(1) There is established the office of the Convener of the School Closure Review Panels.

(2) The Scottish Ministers must appoint a person to hold that office.

(3) A person so appointed—

(a) is not to be regarded as a servant or agent of the Crown and does not have any status, immunity or privilege of the Crown,

(b) subject to any provision made in regulations under sub-paragraph (9), holds and vacates office on such terms and conditions as the Scottish Ministers may determine.

(4) The Convener—

(a) may delegate a function conferred on the Convener by this Act,

(b) must delegate such a function if required to do so by directions issued under paragraph 4.

(5) Nothing in sub-paragraph (4)(a) prevents the Convener from carrying out any function delegated under that sub-paragraph.

(6) Sub-paragraph (7) applies during any period when—

(a) the office of the Convener is vacant, or

(b) the person holding that office is unable to perform the functions conferred on the office because the person is incapacitated.

(7) The Scottish Ministers may appoint a person to act as Convener during that period.

(8) A person appointed to act as Convener under sub-paragraph (7)—

(a) is to be appointed on such terms and conditions as the Scottish Ministers may determine,

(b) while acting as such, is to be treated for all purposes, except those of any regulations made under sub-paragraph (9), as the Convener.

(9) The Scottish Ministers may by regulations make provision for or about—

(a) eligibility for, and disqualification from, appointment under sub-paragraph (2),

(b) tenure and removal from office of a person appointed under sub-paragraph (2),

(i) salary, fees, expenses and allowances to such a person,

(ii) pensions, allowances or gratuities (including by way of compensation for loss of office) to, or in respect of, such a person,

(d) such other matters in relation to the appointment of the Convener as the Scottish Ministers consider appropriate.

Panel members

(1) The Convener is to appoint such number of persons as the Convener considers appropriate to be eligible to serve as members of a School Closure Review Panel.

(2) Each Panel is to consist of 3 of the persons appointed under sub-paragraph (1).

(3) It is for the Convener to select—

(a) the members of the Panel,

(b) one of those members to chair the Panel.

(4) The Convener is to make appropriate arrangements for the training of persons appointed under sub-paragraph (1).

(5) The Scottish Ministers may by regulations make provision for or about—

(a) eligibility for, and disqualification from, appointment under sub-paragraph (1),

(b) tenure and removal from office of persons so appointed,

(d) payment of expenses, fees and allowances to persons selected under that sub-paragraph,

(e) such other matters as the Scottish Ministers consider appropriate in relation to—

(i) the appointment of persons under sub-paragraph (1),

(ii) the selection of Panel members under sub-paragraph (3).

Property, staff and services

(1) The Scottish Ministers may—

(a) provide, or ensure the provision of, such property, staff and services to the Convener as they consider necessary or expedient in connection with the exercise of the Convener's functions,

(b) pay grants to the Convener for the purposes of enabling the Convener to employ staff and obtain services in connection with the exercise of the Convener's functions.

(2) The Convener is to provide a School Closure Review Panel with such staff and services as the Convener considers necessary or expedient in connection with the exercise of the Panel's functions.

Directions

(1) The Scottish Ministers may issue directions to the Convener as to the exercise of the Convener's functions (and the Convener must comply with them).

(2) Directions under sub-paragraph (1) may vary or revoke earlier such directions.

(3) The Scottish Ministers must publish any directions issued under sub-paragraph (1) in such manner as they consider appropriate.

Reports

(1) As soon as practicable after the end of each calendar year, the Convener must prepare a report on—

(a) the exercise of the Convener's functions during that year, and

(b) the exercise of the functions of any School Closure Review Panel which has carried out a review under section 17B during that year.

(2) A report prepared under sub-paragraph (1) must be—

(a) submitted to the Scottish Ministers, and

(b) published in such manner as the Convener considers appropriate.

^I56(6) In section 4 of the 2010 Act (proposal paper), in subsection (2) for “17” substitute “ 17D ”.

^I72(7) In section 19 of the 2010 Act (guidance)—

(a) the existing text becomes subsection (1),

(b) after that subsection insert—.

(8) In section 20 of the 2010 Act (regulations)—

^I56(a) in subsection (3) for “17” substitute “ 17D ”,

^I109^I99(b) after subsection (6) insert—.

^I6^I95(9) In section 21(2) of the 2010 Act (definitions)—

(a) after the definition of “consultation period” insert—,

(b) after the definition of “rural school” insert—.

^I72(10) In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities), before paragraph 21C insert—.

(11) In the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities)—

^I72(a) before paragraph 62C insert—,

^I56(b) after paragraph 76 insert—.

^I72(12) In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (the specified authorities), before the cross-heading “Executive bodies” insert— “ the Convener of the School Closure Review Panels ”.

PART 16 Children's hearings¶

^I1182 Safeguarders: exceptions to duty to prepare report on appointment¶

In section 33 of the 2011 Act—

(a) in subsection (1)(a), after “(2)” insert “ or (3) ”,

(b) after subsection (2), insert—.

^I7083 Maximum period of child protection order¶

In each of paragraphs (c) and (d) of section 54 of the 2011 Act, after “day” insert “ after the day on which ”.

^I3084 Power to determine that deeming of person as relevant person to end¶

(1) The 2011 Act is amended as follows.

(2) In section 79—

(a) in subsection (1), for “This section applies” substitute “ Subsections (2) to (5) apply ”,

(b) after subsection (1), insert—,

(3) After section 81, insert—

81A Determination that deeming of person as relevant person to end

(1) This section applies where a matter mentioned in section 79(5A)(a) is referred to a meeting of a pre-hearing panel.

(2) Where the matter is referred along with any other matter, the pre-hearing panel must determine it before determining the other matter.

(3) The pre-hearing panel must determine that the individual is no longer to be deemed to be a relevant person if it considers that the individual does not have (and has not recently had) a significant involvement in the upbringing of the child.

(4) Where the pre-hearing panel makes a determination as described in subsection (3), section 81(4) ceases to apply in relation to the individual.

(5) Where, by virtue of section 80(3), the children's hearing is to determine a matter mentioned in section 79(5A)(a), references in subsections (2) to (4) to the pre-hearing panel are to be read as references to the children's hearing.

^I3885 Grounds hearing: non-acceptance of facts supporting ground¶

In section 90 of the 2011 Act—

(a) in subsection (1), for paragraph (a) substitute—,

(b) after subsection (1) insert—

(1A) In relation to each ground that a person accepts applies in relation to the child, the chairing member must ask the person whether the person accepts each of the supporting facts.

(1B) Where under subsection (1A) any person does not accept all of the supporting facts in relation to a ground, the ground is taken for the purposes of this Act to be accepted at the grounds hearing only if the grounds hearing considers that—

(a) the person has accepted sufficient of the supporting facts to support the conclusion that the ground applies in relation to the child, and

(b) it is appropriate to proceed in relation to the ground on the basis of only those supporting facts which are accepted by the child and each relevant person.

(1C) Where a ground is taken to be accepted for the purposes of this Act by virtue of subsection (1B), the grounds hearing must amend the statement of grounds to delete any supporting facts in relation to the ground which are not accepted by the child and each relevant person.

(1D) In this section, “supporting facts”, in relation to a section 67 ground, means facts set out in relation to the ground by virtue of section 89(3)(b).

^I1886 Failure of child to attend grounds hearing: power to make interim order¶

In section 95 of the 2011 Act, after subsection (2) insert—.

^I287 Limit on number of further interim compulsory supervision orders¶

In section 96(4) of the 2011 Act, for the words from “the effect” to the end substitute “ it would be the third such order made under subsection (3) in consequence of the same interim compulsory supervision order made under section 93(5) ”.

^I2388 Area support teams: establishment¶

(1) The 2011 Act is amended as follows.

(2) In schedule 1—

(a) in paragraph 12—

(i) in sub-paragraph (1), omit “and maintain”,

(ii) for sub-paragraph (3), substitute—

(3) The National Convener—

(a) must keep the designation of areas under sub-paragraph (1) under review, and

(b) may at any time revoke a designation or make a new one.

(3A) In exercising the powers to make and revoke designations, the National Convener must ensure that at all times each local authority area falls within an area designated under sub-paragraph (1).

(3B) Revocation of a designation under sub-paragraph (1) has the effect of dissolving the area support team established in consequence of the designation.

(3C) Before deciding to make or revoke a designation under sub-paragraph (1), the National Convener must consult each affected local authority.

(3D) In sub-paragraph (3C), “affected local authority” means—

(a) in the case of making a designation, each local authority whose area falls within the area proposed to be designated,

(b) in the case of revoking a designation, each constituent authority for the area support team established in consequence of the designation.

(3E) On making or revoking a designation under sub-paragraph (1), the National Convener must notify each local authority which was consulted under sub-paragraph (3C) in relation to the decision to make or revoke the designation.

(b) in paragraph 13—

(i) in sub-paragraph (1), the words “the National Convener establishes an area support team under paragraph 12(1)” become sub-sub-paragraph (a),

(ii) after that sub-sub-paragraph insert,

(iii) in sub-paragraph (4)(a), for “area of the area support team” substitute “ new area concerned ”,

(iv) in sub-paragraph (7), after the definition of “Children's Panel Advisory Committee” insert—.

(3) An area support team established before this section comes into force continues in existence as if it were established under paragraph 12(1) as amended by this section.

^I10489 Area support teams: administrative support by local authorities¶

(1) The 2011 Act is amended as follows.

(2) In schedule 1, in paragraph 14, after sub-paragraph (8) insert—.

^I2790 Interpretation of Part 16¶

In this Part, “the 2011 Act” means the Children's Hearings (Scotland) Act 2011.

Part 16A Secure transportation¶

90A Secure transportation: duty of Scottish Ministers to prepare and publish standards¶

(1) The Scottish Ministers must prepare and publish standards applicable to any service (a “secure transportation service”) which consists of or includes providing secure transportation—

(a) for persons—

(i) who have not attained the age of 19 years, and

(ii) in relation to whom the taking to or the placing, keeping or detention in secure accommodation is authorised or required under or by virtue of a relevant enactment, and

(b) for the purpose of transporting those persons to or from secure accommodation.

(2) The standards—

(a) must include the minimum standards to be met by a provider of a secure transportation service which may, in particular, relate to—

(i) the manner in which, and the extent to which, the service provider is to have regard to the rights of the persons mentioned in subsection (1)(a) who require to be transported to or from secure accommodation,

(ii) the establishment of measures and procedures to prevent or minimise a risk of a serious incident occurring,

(iii) the establishment of measures and procedures to deal with, and prevent the recurrence of, a serious incident,

(iv) the circumstances in which restraint or control of persons mentioned in subsection (1)(a) who require to be transported to or from secure accommodation may or may not be appropriate,

(v) the provision of training and support to staff to ensure the safe transportation of the persons mentioned in subsection (1)(a) to or from secure accommodation,

(b) may include such further provision in connection with the provision of a secure transportation service as the Scottish Ministers consider appropriate.

(3) The Scottish Ministers may make different provision for different kinds of secure transportation service.

(4) The Scottish Ministers—

(a) must publish the first standards under subsection (1) no later than one year after the day on which section 25 of the Children (Care and Justice) (Scotland) Act 2024 comes into force,

(b) must keep the standards published under subsection (1) under review,

(d) must lay a copy of the first published standards, and any published revised standards, before the Scottish Parliament.

(5) Before publishing the standards or any revised standards under subsection (1), the Scottish Minsters must consult such persons as they consider appropriate.

(6) In this section—

“relevant enactment” means the following enactments—
1. the Children (Scotland) Act 1995,
2. the Criminal Procedure (Scotland) Act 1995,
3. the Adoption and Children (Scotland) Act 2007,
4. the Children’s Hearings (Scotland) Act 2011,
“secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011,
“secure transportation” means transportation which provides such additional security and support measures as are required to prevent or minimise a risk—
1. to the health, safety or welfare of a person mentioned in subsection (1)(a) who is being transported to or from secure accommodation,
2. which that person may pose to the safety of any other person,
“serious incident” includes an incident involving a person mentioned in subsection (1)(a)—
1. absconding or attempting to abscond,
2. suffering harm (including self-harm) or ill-health (whether physical or mental),
3. causing harm to another person, or
4. causing (whether directly or indirectly) damage to property,
whilst being transported to or from secure accommodation.

(7) The Scottish Ministers may by regulations modify the definition of “relevant enactment” in subsection (6) by—

(a) adding an enactment,

(b) removing an enactment for the time being listed in it,

90B Secure transportation: duty of providers to meet standards¶

(1) The provider of a secure transportation service must meet the applicable standards.

(2) The persons mentioned in subsection (3) must, when making arrangements with another person for the provision of a secure transportation service, ensure that the service meets the applicable standards.

(3) The persons are—

(a) a local authority,

(b) the Scottish Ministers.

(4) The Scottish Ministers may by regulations modify subsection (3) by—

(a) adding a person or description of persons,

(b) removing a person or description of persons for the time being listed in it,

(5) In this section and in section 90C—

“applicable standards” means the standards, or (as the case may be) any revised standards, published under section 90A(1) which apply to the secure transportation service being provided,
“secure transportation service” has the meaning given by section 90A(1).

90C Secure transportation: reports¶

(1) Subsection (2) applies where a relevant person has, during the reporting period—

(a) provided a secure transportation service,

(b) made arrangements with another person for the provision of a secure transportation service.

(2) The relevant person must, as soon as reasonably practicable (and in any event no later than 3 months) after the end of the reporting period—

(a) prepare a report on—

(i) how the relevant person monitored the secure transportation service provided or arranged by the relevant person to ensure that the service met the applicable standards during the reporting period,

(ii) the extent to which the service met the applicable standards during the reporting period,

(b) publish the report, and

(3) Reports prepared under subsection (2) are to be published in such manner as the relevant person considers appropriate (and, in particular, reports may be published together with, or as part of, any other report or document).

(4) The Scottish Ministers must, as soon as reasonably practicable (and in any event no later than 6 months) after the end of the reporting period—

(a) prepare a report (“the consolidated report”) on—

(i) how the relevant persons to whom subsection (1) applies have ensured that the secure transportation services provided or arranged by those relevant persons have met the applicable standards during the reporting period,

(ii) the extent to which those services met the applicable standards during the reporting period,

(b) publish the consolidated report in such manner as the Scottish Ministers consider appropriate, and

(5) Where the Scottish Ministers have provided or made arrangements for the provision of a secure transportation service during the reporting period, the consolidated report must include a report on—

(a) how the Scottish Ministers monitored the service to ensure it met the applicable standards during the reporting period,

(b) the extent to which the service met the applicable standards during the reporting period.

(6) The consolidated report may include such other information as the Scottish Ministers consider appropriate.

(7) The Scottish Ministers may by regulations prescribe information that reports prepared under subsection (2) must contain.

(8) In this section—

“relevant person” means a local authority,
“reporting period” means—
1. the period of 3 years beginning with the day on which section 25 of the Children (Care and Justice) (Scotland) Act 2024 comes into force, and
2. each subsequent period of 3 years until a date specified in regulations made by the Scottish Ministers.

(9) The Scottish Ministers may by regulations modify the definition of “relevant person” in subsection (8) by—

(a) adding a person or description of persons,

(b) removing a person or description of persons for the time being mentioned in it,

PART 17 Other reforms¶

Detention of children in secure accommodation¶

^I53^I3191 Appeal against detention of child in secure accommodation¶

After section 44 of the Criminal Procedure (Scotland) Act 1995 insert—

44A Appeal against detention in secure accommodation

(1) A child, or a relevant person in relation to the child, may appeal to the sheriff against a decision by a local authority to detain the child in secure accommodation in pursuance of an order made under section 44 of this Act.

(2) An appeal under subsection (1) may be made jointly by—

(a) the child and one or more relevant persons in relation to the child; or

(b) two or more relevant persons in relation to the child.

(3) An appeal must not be held in open court.

(4) The sheriff may determine an appeal by—

(a) confirming the decision to detain the child in secure accommodation; or

(b) quashing that decision and directing the local authority to move the child to be detained in residential accommodation which is not secure accommodation.

(5) The Scottish Ministers may by regulations make further provision about appeals under subsection (1).

(6) Regulations under subsection (5) may in particular—

(a) specify the period within which an appeal may be made;

(b) make provision about the hearing of evidence during an appeal;

(7) Regulations under subsection (5) are subject to the affirmative procedure.

(8) In this section—

“relevant person”, in relation to a child, means any person who is a relevant person in relation to the child for the purposes of the Children's Hearings (Scotland) Act 2011 (including anyone deemed to be a relevant person in relation to the child by virtue of section 81(3), 160(4)(b) or 164(6) of that Act);
“secure accommodation” has the same meaning as in section 44 of this Act.

Children's legal aid¶

^I3692 Power of Scottish Ministers to modify circumstances in which children's legal aid to be made available¶

(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) The title of section 28L becomes “ Power of Scottish Ministers to extend or restrict types of proceedings before children's hearings in which children's legal aid to be available ”.

(3) After section 28L, insert—

28LA Power of Scottish Ministers to provide for children's legal aid to be available to other persons in relation to court proceedings

(1) The Scottish Ministers may by regulations modify this Part so as to—

(a) provide that children's legal aid is to be available, in relation to a type of court proceedings under the 2011 Act, to a person to whom it is not available by virtue of section 28D, 28E or 28F,

(b) vary any availability provided by virtue of paragraph (a), or

(2) If regulations are made making children's legal aid available to a child, the regulations must include provision requiring the Board to be satisfied that the conditions in subsection (3) are met before children's legal aid is made available.

(3) The conditions are—

(a) that it is in the best interests of the child that children's legal aid be made available,

(b) that it is reasonable in the particular circumstances of the case that the child should receive children's legal aid,

(c) that, after consideration of the disposable income and disposable capital of the child, the expenses of the case cannot be met without undue hardship to the child, and

(d) if the proceedings are an appeal to the sheriff principal or the Court of Session under Part 15 of the 2011 Act, that the child has substantial grounds for making or responding to the appeal.

(4) If regulations are made making children's legal aid available to a person other than a child, the regulations must include provision requiring the Board to be satisfied that the conditions in subsection (5) are met before children's legal aid is made available.

(5) The conditions are—

(a) that it is reasonable in the particular circumstances of the case that the person should receive children's legal aid,

(b) that, after consideration of the disposable income and disposable capital of the person, the expenses of the case cannot be met without undue hardship to the person or the dependants of the person, and

(c) if the proceedings are an appeal to the sheriff principal or the Court of Session under Part 15 of the 2011 Act, that the person has substantial grounds for making or responding to the appeal.

Provision of school meals¶

93 Provision of free school lunches¶

^I127(1) Section 53 of the 1980 Act is amended as follows.

^I127(2) Subsection (2) is repealed.

^I127(3) In subsection (2A), after “lunches” insert “ which the authority are required to provide by virtue of subsection (3) ”.

^I127(4) In subsection (2C)(b), the words “(other than in the middle of the day)” are omitted.

^I127(5) In subsection (2D), the words “(2) or” are omitted.

^I77^I21(6) In subsection (3), after paragraph (b) insert—.

Licensing of child performances¶

^I12294 Extension of licensing of child performances to children under 14¶

Section 38 of the Children and Young Persons Act 1963 (licences for performances by children under 14 not to be granted except for certain dramatic or musical performances) is repealed.

Wellbeing under 1995 Act¶

^I4095 Consideration of wellbeing in exercising certain functions¶

After section 23 of the 1995 Act, insert—

23A Sections 17, 22 and 26A: consideration of wellbeing

(1) This section applies where a local authority is exercising a function under or by virtue of section 17, 22 or 26A of this Act.

(2) The local authority must have regard to the general principle that functions should be exercised in relation to children and young people in a way which is designed to safeguard, support and promote their wellbeing.

(3) For the purpose of subsection (2) above, the local authority is to assess the wellbeing of a child or young person by reference to the extent to which the matters listed in section 96(2) of the 2014 Act are or, as the case may be, would be satisfied in relation to the child or young person.

(4) In assessing the wellbeing of a child or young person as mentioned in subsection (3) above, a local authority is to have regard to the guidance issued under section 96(3) of the 2014 Act.

(5) In this section, “the 2014 Act” means the Children and Young People (Scotland) Act 2014.

PART 18 General¶

^I47^I45^I11296 Assessment of wellbeing¶

(1) This section applies where under this Act a person requires to assess whether the wellbeing of a child or young person is being or would be—

(a) promoted,

(b) safeguarded,

(d) affected, or

(e) subject to an effect.

(2) The person is to assess the wellbeing of the child or young person by reference to the extent to which the child or young person is or, as the case may be, would be—

Safe,
Healthy,
Achieving,
Nurtured,
Active,
Respected,
Responsible, and
Included.

(3) The Scottish Ministers must issue guidance on how the matters listed in subsection (2) are to be used to assess the wellbeing of a child or young person.

(4) Before issuing or revising such guidance, the Scottish Ministers must consult—

(a) each local authority,

(b) each health board, and

(5) In measuring the wellbeing of a child or young person as mentioned in subsection (2), a person is to have regard to the guidance issued under subsection (3).

(6) The Scottish Ministers may by order modify the list in subsection (2).

(7) Before making an order under subsection (6), the Scottish Ministers must consult—

(a) each local authority,

(b) each health board, and

^I6497 Interpretation¶

(1) In this Act—

“the 1980 Act” means the Education (Scotland) Act 1980,
“the 1995 Act” means the Children (Scotland) Act 1995,
“child” means a person who has not attained the age of 18 years,
“health board” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978.

(2) References in this Act to a child being or becoming “looked after” are to be construed in accordance with sections 17(6) and 17A(2) of the 1995 Act.

(3) The following expressions have the same meaning in this Act as they have in the 1980 Act—

education authority
grant-aided school
independent school
managers
nursery class
primary school
proprietor
public school
pupil
school age.

^I108^I130^I100^I111^I96^I141^I6798 Modification of enactments¶

Schedule 5 (which makes minor amendments to enactments and otherwise modifies enactments for the purposes of or in consequence of this Act) has effect.

99 Subordinate legislation¶

(1) Any power of the Scottish Ministers to make an order or regulations under this Act includes power to make—

(a) different provision for different purposes,

(b) such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider appropriate.

(2) An order or (as the case may be) regulations made under any of the following sections is subject to the affirmative procedure—

^F9...
section 7(5)
section 30(1)
section 31(2)
section 37(7)
section 43(1)
section 44(2)
section 47(2)(c)(ii)
section 47(4)
section 48(2)
section 51(2)
section 56(2)
section 57(2)(b)
section 58(2)
section 68(3)(b)
section 71(5)(b)
section 90A(7)
section 90B(4)
section 90C(9)
section 96(6).

(3) An order made under section 101 containing provisions which add to, replace or omit any part of the text of this or any other Act is subject to the affirmative procedure.

(4) All other orders or regulations made under this Act are subject to the negative procedure.

(5) This section does not apply to an order made under section 102(3).

100 Guidance and directions¶

(1) Any power of the Scottish Ministers to issue guidance or directions under this Act may be exercised—

(a) to issue guidance or directions generally or for particular purposes,

(b) to issue different guidance or directions to different persons or otherwise for different purposes.

(2) The Scottish Ministers must publish (in such manner as they consider appropriate) any guidance or directions issued by them under this Act.

(3) In subsection (2)—

(a) the reference to guidance includes revision of guidance,

(b) the reference to directions includes revision and revocation of directions.

101 Ancillary provision¶

The Scottish Ministers may by order make—

(a) such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision made by, or by virtue of, this Act, and

(b) such transitional, transitory or saving provision as they consider appropriate for the purposes of, or in connection with, the coming into force of any provision of this Act.

102 Commencement¶

(1) This Part (apart from sections 96, 97 and 98) comes into force on the day after Royal Assent.

(2) Subsections (2) to (5) of section 47 also come into force on the day after Royal Assent.

(3) The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

(4) An order under this section may include transitional, transitory or saving provision.

103 Short title¶

The short title of this Act is the Children and Young People (Scotland) Act 2014.

^F11SCHEDULE 1 ¶

Authorities to which section 2 applies

(introduced by section 3)

^F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16SCHEDULE 2 ¶

Relevant authorities

(introduced by section 31)

^F161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17SCHEDULE 3 ¶

Listed authorities

(introduced by section 44)

^F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1712. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1714. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1715. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 ¶

Corporate parents

(introduced by section 56)

^I1201The Scottish Ministers

^I1062A local authority

^I523The National Convener of Children's Hearings Scotland

^I874Children's Hearings Scotland

^I325The Principal Reporter

^I826The Scottish Children's Reporter Administration

^I47A health board

^I1248A board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978

^I769Healthcare Improvement Scotland

^I13510The Scottish Qualifications Authority

^I10511Skills Development Scotland Co. Ltd (registered number SC 202659)

^I8312Social Care and Social Work Improvement Scotland

^I2413The Scottish Social Services Council

^I6214The Scottish Sports Council

^I12115The chief constable of the Police Service of Scotland

^I14216The Scottish Police Authority

^I7517The Scottish Fire and Rescue Service

^I1518The Scottish Legal Aid Board

^I3319The Commissioner for Children and Young People in Scotland

^I7820The Mental Welfare Commission for Scotland

^I3721The Scottish Housing Regulator

^I12922Bòrd na Gàidhlig

^I823Creative Scotland

^I1724A body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005

25An integration joint board to which functions in relation to persons under 18 years of age have been delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.

26ILF Scotland

SCHEDULE 5 ¶

Modification of enactments

(introduced by section 98)

Education (Scotland) Act 1980¶

^I73(1) The 1980 Act is amended as follows.

^I20(2) In section 1—

(a) in subsection (1A), for the words from first “as” to “order” substitute “ to the extent required by section 47(1) of the Children and Young People (Scotland) Act 2014 ”,

(b) omit subsections (1B) and (4A),

^I12(3) In section 53A(2), for “53(3)” substitute “ 53 ”.

(4) In section 53B—

^I29(a) in subsection (1)—

(i) after “applies” insert “ , subject to subsection (1A), ”,

(ii) for “53(3)” substitute “ 53 ”,

^I102^I68(b) after subsection (1), insert—,

^I29(c) in subsection (5)(b), for “53(3)” substitute “ 53 ”.

(5) In section 133—

^I29(a) in subsection (2), for “(2ZA)” substitute “ (2YA) ”,

^I102^I68(b) after subsection (2), insert—.

^I73(6) In section 135—

(a) after the definition of “dental treatment” insert—,

(b) for the definitions of “nursery school” and “nursery class” substitute—.

Legal Aid (Scotland) Act 1986¶

^I71(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

^I71(2) In section 28F(1)(b), after “deemed” insert “ , or is no longer to be deemed, ”.

^I54(3) In section 37(2), after “28L(1) or (8),” insert “ 28LA(1), ”.

Children (Scotland) Act 1995¶

^I59(1) The 1995 Act is amended as follows.

^I118(2) Section 19 is repealed.

^I118(3) In section 20, for subsection (2) substitute—.

^I59(4) In section 44—

(a) for subsection (1) substitute—,

(b) in subsection (5)—

(i) omit paragraphs (b) and (c),

(ii) in the full-out, omit “, the Court or the Secretary of State as the case may be”.

Criminal Procedure (Scotland) Act 1995¶

^I55(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

^I55(2) In section 44(11), in the definition of “secure accommodation” for “2000 Act” in each place where it occurs substitute “Care Standards Act 2000”.

^I107(3) In section 57A(16), in the definition of “relevant services” for “19(2)” substitute “20(2)”.

Education Act 1996¶

^I1166Paragraph 11 of Schedule 37 to the Education Act 1996 is repealed.

Standards in Scotland's Schools Act 2000¶

^I947In section 34 of the Standards in Scotland's Schools Act 2000—

(a) in paragraph (a), after “Act” insert “ and Part 6 of the Children and Young People (Scotland) Act 2014 ”,

(b) in paragraph (b), for “that Act” substitute “ those Acts ”.

Regulation of Care (Scotland) Act 2001¶

^I898In section 73(2)(a) of the Regulation of Care (Scotland) Act 2001—

(a) after first “provided” insert “ under subsection (1) or (5A)(a) of that section ”,

(b) for “the subsection in question” substitute “ subsection (5A)(b) or (5B) of that section ”.

Mental Health (Care and Treatment) (Scotland) Act 2003¶

^I149In section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003, in the definition of “relevant services” for “19(2)” substitute “ 20(2) ”.

Education (Additional Support for Learning) (Scotland) Act 2004¶

^I12510

(1) The Education (Additional Support for Learning) (Scotland) Act 2004 is amended as follows.

(2) In section 1(3)—

(a) in paragraph (a), for “a prescribed” substitute “ an eligible ”,

(b) in paragraph (b), for “a prescribed” substitute “ an eligible ”.

(3) In section 5(3)(a), in paragraph (a), for “a prescribed” substitute “ an eligible ”.

(4) In section 29(1)—

(a) after the definition of “co-ordinated support plan” insert—,

(b) omit the definition of “prescribed pre-school child”.

Adoption and Children (Scotland) Act 2007¶

^I88^I10(1) The Adoption and Children (Scotland) Act 2007 is amended as follows.

^I13(2) Section 4 is repealed.

^I13(3) In section 6(1), omit “or 4”.

^I13(4) The title of section 6 becomes “ Assistance in carrying out functions under section 1 ”.

^I88^I10(5) In section 117(5)(a), after sub-paragraph (i) insert—.

^I88^I10(6) In section 119(1), in paragraph (b) of the definition of “adoption agency”, after “sections” insert “ 13A, 13D, 13F, ”.

Children's Hearings (Scotland) Act 2011¶

^I90(1) The Children's Hearings (Scotland) Act 2011 is amended as follows.

^I90(2) In section 80(1), after “(2)” insert “ or (5A) ”.

^I90(3) In section 81—

(a) in subsection (2), after “must” insert “ , unless that other matter is a matter mentioned in section 79(5A)(a), ”,

(b) in subsection (5)(b), after sub-paragraph (iv) insert—.

^I90(4) In section 94(3), for the second “of” substitute “ given in compliance with section 90(1) in relation to ”.

^I90(5) In section 105, after subsection (1) insert—.

^I90(6) In section 106, after subsection (1) insert—.

^I90(7) In section 142, after subsection (1) insert—.

^I90(8) In section 160, for subsection (1)(a) substitute—.

^I90(9) In section 202(1), after the definition of “super-affirmative procedure” insert—.

^I134(10) In schedule 6, in the entry for the 1995 Act—

(a) at the end of the reference to sections 39 to 74 insert “ , except section 44 ”,

(b) in the reference to section 105, omit “44,”.

Footnotes

I1
S. 47 partly in force; s. 47 not in force at Royal Assent; s. 47(2)-(5) in force at 28.3.2014, see s. 102(2)
I2
S. 87 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I3
S. 11 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
I4
Sch. 4 para. 7 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I5
S. 10 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
C1
S. 47(1) restricted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 16 para. 9(3) (with ss. 89, 90)
I6
S. 81(4)(9) in force at 6.10.2014 for specified purposes by S.S.I. 2014/251, art. 2(a)
I7
S. 9 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
I8
Sch. 4 para. 23 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I9
S. 69 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I10
Sch. 5 para. 11(1)(5)(6) in force at 1.4.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2
I11
S. 82 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I12
Sch. 5 para. 2(3) in force at 5.1.2015 by S.S.I. 2014/314, art. 2, Sch.
I13
Sch. 5 para. 11(2)(3)(4) in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(c)
I14
Sch. 5 para. 9 in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(c)
I15
Sch. 4 para. 18 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I16
S. 73 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I17
Sch. 4 para. 24 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I18
S. 86 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I19
S. 8 in force at 30.9.2015 for specified purposes by S.S.I. 2015/317, art. 2, Sch.
I20
Sch. 5 para. 2(2) in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
F1
S. 47(3)(b) and preceding word substituted (1.8.2016) by Education (Scotland) Act 2016 (asp 8), ss. 29(2)(b), 33(2); S.S.I. 2016/192, reg. 2, sch.
I21
S. 93(6) in force at 5.1.2015 in so far as not already in force by S.S.I. 2014/314, art. 2, Sch.
I22
Sch. 5 para. 1 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch. (with art. 4)
I23
S. 88 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I24
Sch. 4 para. 13 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I25
S. 18 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
I26
S. 73 in force at 1.4.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2
F2
Words in s. 49(1)(a) substituted (1.8.2016) by Education (Scotland) Act 2016 (asp 8), ss. 29(3), 33(2); S.S.I. 2016/192, reg. 2, sch.
I27
S. 90 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I28
S. 57 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I29
Sch. 5 para. 2(4)(a)(c)(5)(a) in force at 5.1.2015 by S.S.I. 2014/314, art. 2, Sch.
I30
S. 84 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I31
S. 91 in force at 1.2.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(1) (with art. 4)
I32
Sch. 4 para. 5 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I33
Sch. 4 para. 19 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I34
S. 58 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I35
S. 55 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I36
S. 92 in force at 28.11.2016 by S.S.I. 2016/254, art. 3(2)(a)
I37
Sch. 4 para. 21 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I38
S. 85 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I39
S. 81(4)(5) in force at 9.1.2015 for specified purposes by S.S.I. 2014/353, art. 2(1)(a)
I40
S. 95 in force at 31.8.2016 by S.S.I. 2016/60, art. 2(b)
I41
S. 67(1) in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/61, art. 2(1)(2), Sch.
I42
S. 76 in force at 1.8.2014 by S.S.I. 2014/165, art. 2, Sch.
I43
S. 66 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I44
S. 17 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
I45
S. 96 in force at 1.4.2015 for specified purposes by S.S.I. 2015/61, art. 2(1)(2), Sch.
I46
S. 61 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
F3
Words in s. 7(1) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 58, 72(2); S.S.I. 2014/231, art. 2
I47
S. 96 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I48
S. 8 in force at 7.10.2016 in so far as not already in force by S.S.I. 2016/254, art. 3(1)(b)
I49
S. 71 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I50
S. 14 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
F4
Sch. 4 para. 25 inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), Sch. para. 13(5)
I51
S. 12 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
I52
Sch. 4 para. 3 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I53
S. 91 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
F5
Words from s. 47(3) renumbered as s. 47(3)(a) (1.8.2016) by Education (Scotland) Act 2016 (asp 8), ss. 29(2)(a), 33(2); S.S.I. 2016/192, reg. 2, sch.
F6
Sch. 4 para. 26 inserted (28.6.2018) by The ILF Scotland (Miscellaneous Listings) Order 2018 (S.S.I. 2018/214), arts. 1, 6(4)
I54
Sch. 5 para. 3(3) in force at 28.11.2016 by S.S.I. 2016/254, art. 3(2)(b)
I55
Sch. 5 para. 5(1)(2) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.
I56
S. 81(1)(d)(2)(3)(a)(6)(8)(a)(11)(b) in force at 30.3.2015 by S.S.I. 2015/104, art. 2 (with art. 3)
I57
S. 64 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I58
S. 70 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I59
Sch. 5 para. 4(1)(4) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.
I60
S. 51 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I61
S. 78 in force at 1.8.2014 by S.S.I. 2014/165, art. 2, Sch.
I62
Sch. 4 para. 14 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I63
S. 5 in force at 7.8.2017 by S.S.I. 2016/254, art. 3(4) (with art. 4)
I64
S. 97 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I65
S. 80 in force at 1.8.2014 by S.S.I. 2014/165, art. 2, Sch. (with art. 5)
I66
S. 15 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
I67
S. 98 in force at 1.4.2016 for specified purposes by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2
I68
Sch. 5 para. 2(4)(b)(5)(b) in force at 5.1.2015 in so far as not already in force by S.S.I. 2014/314, art. 2, Sch.
I69
S. 50 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I70
S. 83 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch. (with art. 3)
F7
Pt. 1 repealed (16.7.2024) by United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (asp 1), ss. 22(2), 47(2)(a)
I71
Sch. 5 para. 3(1)(2) in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I72
S. 81(7)(10)(11)(a)(12) in force at 9.1.2015 by S.S.I. 2014/353, art. 2(1)(b)
I73
Sch. 5 para. 2(1)(6) in force at 28.6.2014 by S.S.I. 2014/131, art. 2(1)
I74
S. 46 in force at 28.6.2014 by S.S.I. 2014/131, art. 2(1)
F8
Words in s. 51(1)(b) substituted (1.8.2019) by The Children and Young People (Scotland) Act 2014 (Modification) (No. 1) Order 2019 (S.S.I. 2019/206), arts. 1, 2
I75
Sch. 4 para. 17 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I76
Sch. 4 para. 9 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I77
S. 93(6) in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I78
Sch. 4 para. 20 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I79
S. 68 in force at 31.8.2016 in so far as not already in force by S.S.I. 2016/60, art. 2(a)(ii)
I80
S. 75 in force at 30.9.2015 for specified purposes by S.S.I. 2015/317, art. 2, Sch.
F9
Words in s. 99(2) repealed (16.7.2024) by United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (asp 1), ss. 22(3), 47(2)(a)
I81
S. 72 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I82
Sch. 4 para. 6 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I83
Sch. 4 para. 12 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I84
S. 57 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/61, art. 2(1)(2), Sch.
I85
S. 59 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I86
S. 6 in force at 7.8.2017 by S.S.I. 2016/254, art. 3(4)
I87
Sch. 4 para. 4 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I88
Sch. 5 para. 11(1)(5)(6) in force at 30.9.2015 for specified purposes by S.S.I. 2015/317, art. 2, Sch.
I89
Sch. 5 para. 8 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I90
Sch. 5 para. 12(1)-(9) in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I91
S. 13 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
I92
S. 77 in force at 1.8.2014 by S.S.I. 2014/165, art. 2, Sch. (with arts. 3, 4)
I93
S. 67(2) in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I94
Sch. 5 para. 7 in force at 28.6.2014 by S.S.I. 2014/131, art. 2(1)
I95
S. 81(9) in force at 9.1.2015 in so far as not already in force by S.S.I. 2014/365, art. 2(b)
I96
S. 98 in force at 1.4.2015 for specified purposes by S.S.I. 2015/61, art. 2(1)(2), Sch.
I97
S. 79 in force at 1.8.2014 by S.S.I. 2014/165, art. 2, Sch.
I98
S. 49 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch. (with art. 3)
I99
S. 81(4)(8)(b) in force at 30.3.2015 in so far as not already in force by S.S.I. 2015/104, art. 2 (with art. 3)
I100
S. 98 in force at 5.1.2015 for specified purposes by S.S.I. 2014/314, art. 2, Sch.
I101
S. 68 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I102
Sch. 5 para. 2(4)(b)(5)(b) in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I103
S. 16 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
F10
Words in s. 48(1)(a) substituted (1.8.2021) by The Children and Young People (Scotland) Act 2014 (Modification) Order 2021 (S.S.I. 2021/127), arts. 1, 2
I104
S. 89 in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I105
Sch. 4 para. 11 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I106
Sch. 4 para. 2 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I107
Sch. 5 para. 5(3) in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(c)
I108
S. 98 in force at 28.6.2014 for specified purposes by S.S.I. 2014/131, art. 2(1)
I109
S. 81(4)(5)(8)(b) in force at 1.8.2014 for specified purposes by S.S.I. 2014/165, art. 2, Sch. (with art. 6)
I110
S. 56 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I111
S. 98 in force at 26.1.2015 for specified purposes by S.S.I. 2014/353, art. 2(2)(3), Sch.
I112
S. 96 in force at 5.1.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 1
I113
S. 67(1) in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I114
S. 71 in force at 1.4.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2
I115
S. 47(1)(6) in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I116
Sch. 5 para. 6 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I117
S. 52 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I118
Sch. 5 para. 4(2)(3) in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(c)
I119
S. 75 in force at 1.4.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2
I120
Sch. 4 para. 1 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I121
Sch. 4 para. 15 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I122
S. 94 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I123
S. 7 in force at 7.10.2016 by S.S.I. 2016/254, art. 3(1)(a)
I124
Sch. 4 para. 8 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
F11
Sch. 1 repealed (16.7.2024) by United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (asp 1), ss. 22(2), 47(2)(a) (with saving in 2025 asp 11, sch. 4 para. 14(2); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1
I125
Sch. 5 para. 10 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I126
S. 54 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I127
S. 93(1)-(5) in force at 5.1.2015 by S.S.I. 2014/314, art. 2, Sch.
I128
S. 81(1)(a)-(c) (3)(b) in force at 1.8.2014 by S.S.I. 2014/165, art. 2, Sch.
I129
Sch. 4 para. 22 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I130
S. 98 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I131
S. 48 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I132
S. 65 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I133
S. 81(4) in force at 9.1.2015 for specified purposes by S.S.I. 2014/365, art. 2(a)
I134
Sch. 5 para. 12(10) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.
I135
Sch. 4 para. 10 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I136
S. 53 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I137
S. 74 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I138
S. 66 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/61, art. 2(1)(2), Sch.
I139
S. 60 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
F12
S. 47(3)(a)(b) renumbered as s. 47(3)(a)(i)(ii) (1.8.2016) by Education (Scotland) Act 2016 (asp 8), ss. 29(2)(a), 33(2); S.S.I. 2016/192, reg. 2, sch.
I140
S. 63 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I141
S. 98 in force at 30.9.2015 for specified purposes by S.S.I. 2015/317, art. 2, Sch.
I142
Sch. 4 para. 16 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
I143
S. 62 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
P1
S. 8(2)(a): 1.4.2017 specified for the purposes of s. 8(2)(a) (7.10.2016) by S.S.I. 2016/255, arts. 1, 2
F13
Words in s. 97(2) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 24(4), 38(3); S.S.I. 2024/211, reg. 2(h) (with reg. 3)
F14
Pt. 4 repealed (5.5.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 32(a), 38(3); S.S.I. 2025/115, reg. 2(1)(c)
F15
Pt. 5 repealed (5.5.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 32(b), 38(3); S.S.I. 2025/115, reg. 2(1)(c)
F16
Sch. 2 repealed (5.5.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 32(a), 38(3); S.S.I. 2025/115, reg. 2(1)(c)
F17
Sch. 3 repealed (5.5.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 32(b), 38(3); S.S.I. 2025/115, reg. 2(1)(c)
F18
Pt. 16A inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 25(2), 38(3); S.S.I. 2025/115, reg. 2(2)(a)
F19
Words in s. 99(2) inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 25(3)(b)(i), 38(3); S.S.I. 2025/115, reg. 2(2)(a)
F20
Words in s. 99(1) inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 25(3)(a), 38(3); S.S.I. 2025/115, reg. 2(2)(a)
F21
Words in s. 99(2) inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 25(3)(b)(ii), 38(3); S.S.I. 2025/115, reg. 2(2)(a)
F22
Words in s. 99(4) inserted (1.9.2025) by virtue of Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 25(3)(c), 38(3); S.S.I. 2025/115, reg. 2(2)(a)

Children and Young People (Scotland) Act 2014

F7PART 1 Rights of children¶

F71 Duties of Scottish Ministers in relation to the rights of children¶

F72 Duties of public authorities in relation to the UNCRC¶

F73 Authorities to which section 2 applies¶

F74 Interpretation of Part 1¶

PART 2 Commissioner for Children and Young People in Scotland¶

I635 Investigations by the Commissioner¶

I866 Requirement to respond to Commissioner's recommendations¶

PART 3 Children's services planning¶

I1237 Introductory¶

I19I488 Requirement to prepare children's services plan¶

I79 Aims of children's services plan¶

I510 Children's services plan: process¶

I311 Children's services plan: review¶

I5112 Implementation of children's services plan¶

I9113 Reporting on children's services plan¶

I5014 Assistance in relation to children's services planning¶

I6615 Guidance in relation to children's services planning¶

I10316 Directions in relation to children's services planning¶

I4417 Children's services planning: default powers of Scottish Ministers¶

I2518 Interpretation of Part 3¶

F14PART 4 Provision of named persons¶

F1419 Named person service¶

F1420 Named person service in relation to pre-school child¶

F1421 Named person service in relation to children not falling within section 20¶

F1422 Continuation of named person service in relation to certain young people¶

F1423 Communication in relation to movement of children and young people¶

F1424 Duty to communicate information about role of named persons¶

F1425 Duty to help named person¶

F1426 Information sharing¶

F1427 Disclosure of information¶

F1428 Guidance in relation to named person service¶

F1429 Directions in relation to named person service¶

F1430 Complaints in relation to Part 4¶

F1431 Relevant authorities¶

F1432 Interpretation of Part 4¶

F15PART 5 Child's plan¶

F1533 Child's plan: requirement¶

F1534 Content of a child's plan¶

F1535 Preparation of a child's plan¶

F1536 Responsible authority: general¶

F1537 Responsible authority: special cases¶

F1538 Delivery of a child's plan¶

F1539 Child's plan: management¶

F1540 Assistance in relation to child's plan¶

F1541 Guidance on child's plans¶

F1542 Directions in relation to child's plans¶

F1543 Complaints in relation to Part 5¶

F1544 Listed authorities¶

F1545 Interpretation of Part 5¶

PART 6 Early learning and childcare¶

I7446 Early learning and childcare¶

I147 Duty to secure provision of early learning and childcare¶

I13148 Mandatory amount of early learning and childcare¶

I9849 Looked after 2 year olds: alternative arrangements to meet wellbeing needs¶

I6950 Duty to consult and plan on delivery of early learning and childcare¶

I6051 Method of delivery of early learning and childcare¶

I11752 Flexibility in way in which early learning and childcare is made available¶

I13653 Interpretation of Part 6¶

PART 7 Power to provide school education for pre-school children¶

I12654 Duty to consult and plan in relation to power to provide school education for pre-school children¶

PART 8 Day care and out of school care¶

I3555 Duty to consult and plan in relation to day care and out of school care¶

PART 9 Corporate parenting¶

I11056 Corporate parents¶

I28I8457 Application of Part: children and young people¶

I3458 Corporate parenting responsibilities¶

I8559 Planning by corporate parents¶

I13960 Collaborative working among corporate parents¶

I4661 Reports by corporate parents¶

I14362 Duty to provide information to Scottish Ministers¶

I14063 Guidance on corporate parenting¶

I5764 Directions to corporate parents¶

I13265 Reports by Scottish Ministers¶

PART 10 Aftercare¶

I43I13866 Provision of aftercare to young people¶

PART 11 Continuing care¶

67 Continuing care: looked after children¶

PART 12 Services in relation to children at risk of becoming looked after, etc.¶

^F7PART 1 Rights of children¶

^F71 Duties of Scottish Ministers in relation to the rights of children¶

^F72 Duties of public authorities in relation to the UNCRC¶

^F73 Authorities to which section 2 applies¶

^F74 Interpretation of Part 1¶

^I635 Investigations by the Commissioner¶

^I866 Requirement to respond to Commissioner's recommendations¶

^I1237 Introductory¶

^I19^I488 Requirement to prepare children's services plan¶

^I79 Aims of children's services plan¶

^I510 Children's services plan: process¶

^I311 Children's services plan: review¶

^I5112 Implementation of children's services plan¶

^I9113 Reporting on children's services plan¶

^I5014 Assistance in relation to children's services planning¶

^I6615 Guidance in relation to children's services planning¶

^I10316 Directions in relation to children's services planning¶

^I4417 Children's services planning: default powers of Scottish Ministers¶

^I2518 Interpretation of Part 3¶

^F14PART 4 Provision of named persons¶

^F1419 Named person service¶

^F1420 Named person service in relation to pre-school child¶

^F1421 Named person service in relation to children not falling within section 20¶

^F1422 Continuation of named person service in relation to certain young people¶

^F1423 Communication in relation to movement of children and young people¶

^F1424 Duty to communicate information about role of named persons¶

^F1425 Duty to help named person¶

^F1426 Information sharing¶

^F1427 Disclosure of information¶

^F1428 Guidance in relation to named person service¶

^F1429 Directions in relation to named person service¶

^F1430 Complaints in relation to Part 4¶

^F1431 Relevant authorities¶

^F1432 Interpretation of Part 4¶

^F15PART 5 Child's plan¶

^F1533 Child's plan: requirement¶

^F1534 Content of a child's plan¶

^F1535 Preparation of a child's plan¶

^F1536 Responsible authority: general¶

^F1537 Responsible authority: special cases¶

^F1538 Delivery of a child's plan¶

^F1539 Child's plan: management¶

^F1540 Assistance in relation to child's plan¶

^F1541 Guidance on child's plans¶

^F1542 Directions in relation to child's plans¶

^F1543 Complaints in relation to Part 5¶

^F1544 Listed authorities¶

^F1545 Interpretation of Part 5¶

^I7446 Early learning and childcare¶

^I147 Duty to secure provision of early learning and childcare¶

^I13148 Mandatory amount of early learning and childcare¶

^I9849 Looked after 2 year olds: alternative arrangements to meet wellbeing needs¶

^I6950 Duty to consult and plan on delivery of early learning and childcare¶

^I6051 Method of delivery of early learning and childcare¶

^I11752 Flexibility in way in which early learning and childcare is made available¶

^I13653 Interpretation of Part 6¶

^I12654 Duty to consult and plan in relation to power to provide school education for pre-school children¶

^I3555 Duty to consult and plan in relation to day care and out of school care¶

^I11056 Corporate parents¶

^I28^I8457 Application of Part: children and young people¶

^I3458 Corporate parenting responsibilities¶

^I8559 Planning by corporate parents¶

^I13960 Collaborative working among corporate parents¶

^I4661 Reports by corporate parents¶

^I14362 Duty to provide information to Scottish Ministers¶

^I14063 Guidance on corporate parenting¶

^I5764 Directions to corporate parents¶

^I13265 Reports by Scottish Ministers¶

^I43^I13866 Provision of aftercare to young people¶

^I101^I7968 Provision of relevant services to parents and others¶

^I969 Relevant services: further provision¶

^I5870 Interpretation of Part 12¶

^I49^I11471 Assistance in relation to kinship care orders¶

^I8172 Orders which are kinship care orders¶

^I16^I2673 Kinship care assistance: further provision¶

^I13774 Interpretation of Part 13¶

^I80^I11975 Scotland's Adoption Register¶

^I4276 References to the Schools (Consultation) (Scotland) Act 2010¶

^I9277 Restriction on closure proposals¶

^I6178 Financial implications of closure proposals¶