Search Legislation

Children and Young People (Scotland) Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART 13

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Children and Young People (Scotland) Act 2014, PART 13 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 13 SSupport for kinship care

71Assistance in relation to kinship care ordersS

(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.

Commencement Information

I1S. 71 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.

I2S. 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

72Orders which are kinship care ordersS

(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

(c)an order under section 11(1) of the 1995 Act appointing a qualifying person as a guardian of a child.

(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

(c)has such other relationship to, or connection with, the child as the Scottish Ministers may by order specify.

(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.

Commencement Information

I3S. 72 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.

73Kinship care assistance: further provisionS

(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,

(c)the provision of any service provided by a local authority on a subsidised basis.

(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).

Commencement Information

I4S. 73 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.

I5S. 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

74Interpretation of Part 13S

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.

Commencement Information

I6S. 74 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government 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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources