The Children (Scotland) Act 1995 (Commencement No. 5) Order 2002

Scottish Statutory Instruments

2002 No. 12 (C. 1)

CHILDREN AND YOUNG PERSONS

The Children (Scotland) Act 1995 (Commencement No. 5) Order 2002

Made

21st January 2002

The Scottish Ministers, in exercise of the powers conferred by section 105(1) of the Children (Scotland) Act 1995(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Children (Scotland) Act 1995 (Commencement No. 5) Order 2002.

Appointed day

2.  22nd January 2002 is the appointed day for the coming into force, so far as not already in force, of Schedule 4, paragraph 26(8), and Schedule 5 to the Children (Scotland) Act 1995 insofar as they relate to section 103 of the Children Act 1975(2).

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st January 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 22nd January the repeal of section 103 of the Children Act 1975 which provided for the establishment of a panel of persons from whom curators ad litem, reporting officers and safeguarders were to be appointed.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Children (Scotland) Act 1995 (“the Act”) have been, or will be, brought into force by Commencement Orders made before the date of this Order.

Provisions	Date of Commencement	S.I./S.S.I. No.
Sections 1(1)–(3) (partially), 15.35, 37, 99, 103, 104, 105(4) (partially), 105(5) (partially) and Schedules 4 and 5 (both partially)	1.11.95	S.I. 1995/2787
Section 4 (partially)	1.1.96	S.I. 1996/2203
Section 91	1.10.96
Part I Sections 54, 93, 98(1) (partially), 92(2), 105(3)-(5) (partially), Schedule 2 (partially), Schedule 3, paragraph 7, Schedule 4 (partially), Schedule 5 (partially)	1.11.96
Sections 17, 19, 20, 31, 33, 38, 40, 42, 62, 70, 74, 75, 87, 94, 101 (all partially) Section 98 (partially), Schedule 2, paragraphs 3, 5, 19, 25 (all partially) Schedule 4, paragraph 15 (partially)	12.12.96	S.I. 1996/3201, as amended by S.I. 1997/744
Section 98 (partially), Schedule 2, paragraph 25 (partially)	1.4.98
All provisions of the Act, insofar as not already in force, except section 101, Schedule 5 insofar as it relates to the Trusts (Scotland) Act 1921, Schedule 4, paragraph 26(8) and Schedule 5 insofar as they relate to section 103 of the Children Act 1975	1.4.97
Section 101	22.01.02	S.S.I. 2001/475

(1)

1995 c. 36. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

1975 c. 72.