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PART 5 SChild's plan

35Preparation of a child's planS

(1)This section applies where a child requires a child's plan.

(2)Subject to subsections (3) and (5), the responsible authority is to prepare such a plan as soon as is reasonably practicable.

(3)Where the responsible authority and a relevant authority agree that it would be more appropriate for the relevant authority to prepare a child's plan, the relevant authority is to prepare the plan as soon as is reasonably practicable.

(4)A relevant authority which declines to give its agreement as mentioned in subsection (3) must provide a statement of its reasons.

(5)Subsection (2) does not apply where, by virtue of section 34(2), there are no targeted interventions which may be contained in a child's plan.

(6)In preparing a child's plan, an authority––

(a)is, where the child's named person is not an employee of the authority, to consult the child's named person, and

(b)is so far as reasonably practicable to ascertain and have regard to the views of—

(i)the child,

(ii)the child's parents,

(iii)such persons, or the persons within such description, as the Scottish Ministers may by order specify, and

(iv)such other persons as the authority considers appropriate.

(7)In having regard to the views of the child, the authority preparing the child's plan is to take account of the child's age and maturity.

(8)The Scottish Ministers may by order––

(a)make further provision as to the preparation of child's plans,

(b)make provision requiring or permitting the authority which prepared a child's plan to provide a copy of it to a particular person or to the persons within a particular description.

(9)An order under subsection (8)(b) may include provision to the effect that a copy of a child's plan is to be provided to a person, or to persons within a particular description, only—

(a)in circumstances described in the order, or

(b)where the authority considers it appropriate.

Annotations:

Commencement Information

I1S. 35 in force at 5.1.2016 for specified purposes by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 1