Children and Young People (Scotland) Act 2014

36 Responsible authority: general

(1) For the purposes of this Part, the responsible authority in relation to a child is—

(a) where the child is a pre-school child, the health board for the area in which the child resides,

(b) where the child is not a pre-school child, the local authority for the area in which the child resides.

(2) Subsection (1) is subject to section 37.

(3) A “pre-school child” is a child who—

(a) has not commenced attendance at a primary school, and

(b) if the child is of school age, has not commenced attendance at a primary school because the relevant local authority has consented to the child’s commencement at primary school being delayed.

(4) For the purposes of this section—

(a) the reference to school age is to be construed by reference to the school commencement dates fixed by the relevant local authority,

(b) the references to attendance at a primary school do not include attendance at a nursery class in such a school, and

(c) the references to the relevant local authority are to the local authority for the area in which the child concerned resides.