Children and Young People (Scotland) Act 2014

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

68Provision 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,

(c)each eligible pregnant woman residing in its area,

(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,

(c)taking other action to facilitate the addressing of a matter by a person.

(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

(c)with whom the child is, or has been, living.

(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,

(c)with whom the pregnant woman is living, or

(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.

69Relevant 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.

70Interpretation 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.