SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS

I119Children (Scotland) Act 1995 (c.36)

1

The Children (Scotland) Act 1995 is amended as follows.

2

In section 36(3) (persons who must notify local authority where child provided with residential accommodation)—

a

sub-paragraph (ii), and the word “or" immediately preceding that sub-paragraph, are repealed; and

b

after paragraph (c) there is added—

; and

d

any person providing a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)).

3

In section 38(1)(b) (short-term refuges for children at risk of harm)—

a

for the words from “carries on" to “that Act)" there is substituted “ provides a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)) ”;

b

for the words “that establishment" there is substituted “ the accommodaton in question ”; and

c

for the word “establishment", where it occurs for the third, fourth, fifth and sixth times, there is in each case substituted “ accommodation ”.

4

In section 93(1) (interpretation of Part II of that Act), in the definition of “secure accommodation"—

a

after the word “approved" there is inserted “ by the Scottish Ministers in accordance with regulations made under section 29(9)(a) of the Regulation of Care (Scotland) Act 2001 (asp 8) or ”; and

b

the words “section 60(1)(bb) of the Social Work (Scotland) Act 1968 or under" are repealed.