- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Commissioner for Children and Young People (Scotland) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The general function of the Commissioner is to promote and safeguard the rights of children and young people.
(2)In exercising that general function the Commissioner is, in particular, to—
(a)promote awareness and understanding of the rights of children and young people;
(b)keep under review the law, policy and practice relating to the rights of children and young people with a view to assessing the adequacy and effectiveness of such law, policy and practice;
(c)promote best practice by service providers; and
(d)promote, commission, undertake and publish research on matters relating to the rights of children and young people.
(1)In exercising functions under this Act, the Commissioner must comply with subsections (2) to (4).
(2)The Commissioner must have regard to any relevant provisions of the United Nations Convention on the Rights of the Child.
(3)The Commissioner must, in particular—
(a)regard, and encourage others to regard, the best interests of children and young people as a primary consideration; and
(b)have regard to, and encourage others to have regard to, the views of children and young people on all matters affecting them, due allowance being made for age and maturity.
(4)The Commissioner must act in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunity requirements.
(1)The Commissioner must encourage the involvement of children and young people in the work of the Commissioner.
(2)The Commissioner must, in particular, take reasonable steps to—
(a)ensure that children and young people are made aware of—
(i)the functions of the Commissioner;
(ii)the ways in which they may communicate with the Commissioner; and
(iii)the ways in which the Commissioner may respond to any issues which they raise;
(b)consult children and young people on the work to be undertaken by the Commissioner; and
(c)consult organisations working with and for children and young people on the work to be undertaken by the Commissioner.
(3)In carrying out the duties under subsections (1) and (2) the Commissioner must pay particular attention to groups of children and young people who do not have other adequate means by which they can make their views known.
(4)The Commissioner must prepare and keep under review a strategy for involving children and young people in the work of the Commissioner in accordance with this section.
(1)The Commissioner may carry out an investigation into 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.
(2)The Commissioner may carry out such 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—
(a)the matter to be investigated raises an issue of particular significance to children and young people generally or to particular groups of children and young people; and
(b)the investigation would not duplicate work that is properly the function of another person.
(3)The Commissioner may not carry out an investigation—
(a)if it would relate to a reserved matter;
(b)if it would relate only to a particular child or young person; or
(c)so far as it would relate to—
(i)the making of decisions or taking of action in particular legal proceedings before a court or tribunal; or
(ii)a matter which is the subject of legal proceedings before a court or tribunal.
(1)Before taking any steps in the conduct of an investigation, the Commissioner must—
(a)draw up terms of reference for the investigation; and
(b)publish notice of the investigation and its terms of reference in such manner as appears to the Commissioner appropriate to bring it to the attention of persons likely to be affected by it.
(2)An investigation is to be conducted in public except to the extent that the Commissioner considers that the taking of evidence in private is necessary or appropriate.
(1)The Commissioner may require any person—
(a)to give evidence on any matter within the terms of reference of an investigation; or
(b)to produce documents in the custody or control of that person which have a bearing on any such matter.
(2)The Commissioner may not impose such a requirement on any person whom the Parliament could not require, under section 23 of the Scotland Act, to attend its proceedings for the purpose of giving evidence or to produce documents.
(3)Schedule 2 makes further provision with respect to witnesses and documents and the sanctions for non-compliance with a requirement under this section.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: