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Children and Young People (Scotland) Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Children and Young People (Scotland) Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Overview

  3. Commentary on Sections

    1. Part 1 – Rights of Children

      1. Section 1 – Duties of Scottish Ministers in relation to the rights of children

      2. Section 2 – Duties of public authorities in relation to the UNCRC

    2. Part 2 – Commissioner for Children and Young People In Scotland

      1. Section 5 – Investigations by the Commissioner

      2. Section 6 – Requirement to respond to Commissioner’s recommendations

    3. Part 3 – Children’s Services Planning

      1. Section 7 – Introductory

      2. Section 8 – Requirement to prepare children’s services plan

      3. Section 9 – Aims of children’s services plan

      4. Section 10 – Children’s services plan: process

      5. Section 11 – Children’s services plan: review

      6. Section 12 – Implementation of children’s services plan

      7. Section 13 – Reporting on children’s services plan

      8. Section 14 – Assistance in relation to children’s services planning

      9. Section 15 – Guidance in relation to children’s services planning

      10. Section 16 – Directions in relation to children’s services planning

      11. Section 17 – Children’s services plan: default powers of Scottish Ministers

    4. Part 4 – Provision of named persons

      1. Section 19 – Named person service

      2. Section 20 – Named person service in relation to pre-school child

      3. Section 21 – Named person service in relation to children not falling within section 20

      4. Section 22 – Continuation of named person service in relation to certain young people

      5. Section 23 – Communication in relation to movement of children and young people

      6. Section 24 – Duty to communicate information about role of named persons

      7. Section 25 – Duty to help named person

      8. Section 26 – Information sharing

      9. Section 27 – Disclosure of information

      10. Section 28 – Guidance in relation to named person service

      11. Section 29 – Directions in relation to named person service

      12. Section 30 – Complaints in relation to Part 4

      13. Section 31 – Relevant authorities

    5. Part 5 – Child’s plan

      1. Section 33 – Child’s plan: requirement

      2. Section 34 – Content of a child’s plan

      3. Section 35 – Preparation of a child’s plan

      4. Section 36 – Responsible authority: general

      5. Section 37 – Responsible authority: special cases

      6. Section 38 – Delivery of a child’s plan

      7. Section 39 – Child’s plan: management

      8. Section 40 – Assistance in relation to child’s plan

      9. Section 41 – Guidance on child’s plans

      10. Section 42 – Directions in relation to child’s plans

      11. Section 43 – Complaints in relation to Part 5

      12. Section 44 – Listed Authorities

      13. Section 45– Interpretation of Part 5

    6. Part 6 – Early Learning and Childcare

      1. Section 46 – Early learning and childcare

      2. Section 47 – Duty to secure provision of early learning and childcare

      3. Section 48 – Mandatory amount of early learning and childcare

      4. Section 49 – Looked after 2 year olds: alternative arrangements to meet wellbeing needs

      5. Section 50 – Duty to consult and plan on delivery of early learning and childcare

      6. Section 51– Method of delivery of early learning and childcare

      7. Section 52 – Flexibility in way in which early learning and childcare is made available

      8. Section 53 – Interpretation of Part 6

    7. Part 7 – Power to Provide School Education for Pre-School Children

      1. Section 54 - Duty to consult and plan in relation to power to provide school education for pre-school children

    8. Part 8 – Day Care and Out of School Care

      1. Section 55 - Duty to consult and plan in relation to day care and out of school care

    9. Part 9 – Corporate Parenting

      1. Section 56 – Corporate parents

      2. Section 57 – Application of Part: children and young people

      3. Section 58 – Corporate parenting responsibilities

      4. Section 59 – Planning by corporate parents

      5. Section 60 – Collaborative working among corporate parents

      6. Section 61 – Reports by corporate parents

      7. Section 62 – Duty to provide information to Scottish Ministers

      8. Section 63 – Guidance on corporate parenting

      9. Section 64 – Directions to corporate parents

      10. Section 65 – Reports by Scottish Ministers

    10. Part 10 – Aftercare

      1. Section 66 – Provision of aftercare to young people

    11. Part 11 – Continuing Care

      1. Section 67 – Continuing Care: looked after children

    12. Part 12 – Services in Relation to Children at Risk of Becoming Looked After, etc.

      1. Section 68 – Provision of relevant services to parents and others

      2. Section 69 – Relevant services: further provision

    13. Part 13 – Support for Kinship Care

      1. Section 71 – Assistance in relation to kinship care orders

      2. Section 72 – Orders which are kinship care orders

      3. Section 73 – Kinship care assistance: further provision

    14. Part 14 – Adoption Register

      1. Section 75 – Scotland’s Adoption Register

      2. Section 13A – Scotland’s Adoption Register

      3. Section 13B – Registration organisation

      4. Section 13C – Supply of information for the Register

      5. Section 13D – Disclosure of information

      6. Section 13E – Fees and other payments

      7. Section 13F – Use of an organisation as agency for payments

      8. Section 13G - Supplementary

    15. Part 15 - School Closure Proposals, etc

      1. Section 77 – Restriction on closure proposals

      2. Section 78 – Financial implications of closure proposals

      3. Section 79 – Correction of proposal paper

      4. Section 80 – Special provision for rural school closure proposals

      5. Section 81 – Call-in of closure proposals

    16. Part 16 – Children’s Hearings

      1. Section 82 – Safeguarders: exceptions to duty to prepare report on appointment

      2. Section 83 – Maximum period of child protection order

      3. Section 84 – Power to determine that deeming of person as relevant person to end

      4. Section 85 – Grounds hearing: non-acceptance of facts supporting ground

      5. Section 86 – Failure of child to attend grounds hearing: power to make interim order

      6. Section 87 – Limit on number of further interim compulsory supervision orders

      7. Section 88 – Area support teams: establishment

      8. Section 89 – Area support teams: administrative support by local authorities

    17. Part 17 – Other Reforms

      1. Detention of children in secure accommodation

        1. Section 91 – Appeal against detention of child in secure accommodation

      2. Children’s legal aid

        1. Section 92 – Power of Scottish Ministers to modify circumstances in which children’s legal aid to be made available

      3. Provision of school meals

        1. Section 93 – Provision of free school lunches

      4. Licensing of child performances

        1. Section 94 – Extension of licensing of child performances to children under 14

      5. Wellbeing

        1. Section 95 – Consideration of wellbeing in exercising certain functions

    18. Part 18 - General

      1. Section 96 – Assessment of wellbeing

      2. Section 98 – Modification of enactments

      3. Section 99 – Subordinate legislation

      4. Section 100 – Guidance and directions

      5. Section 101 – Ancillary provision

      6. Section 102 – Commencement

      7. Section 103 – Short title

      8. Schedule 1 – Authorities to which section 2 applies

      9. Schedule 2 – Relevant authorities

      10. Schedule 3 – Listed Authorities

      11. Schedule 4 – Corporate parents

      12. Schedule 5 – Modification of enactments

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

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

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