2014 No. 165 (C. 12)
The Children and Young People (Scotland) Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 102(3) and (4) of the Children and Young People (Scotland) Act 20141.
Citation, commencement and interpretation1
1
This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014 and comes into force on 1st August 2014.
2
In this Order—
“the 2014 Act” means the Children and Young People (Scotland) Act 2014;
“the 2010 Act” means the Schools (Consultation) (Scotland) Act 20102;
“closure proposal” has the meaning given in section 2(1)(b) of the 2010 Act;
“HMIE” has the meaning given in section 8(7) of the 2010 Act;
“proposal paper” means the proposal paper prepared by an education authority under section 4 of the 2010 Act as it had effect immediately before 1st August 2014;
“rural school” has the meaning given in section 14(1) of the 2010 Act; and
“school” has the meaning given in section 21(1) of the 2010 Act.
Appointed day2
1
1st August 2014 is the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (the subject-matter of which is described in column 2 of the Schedule).
2
Where a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1 of the Schedule, that provision comes into force on 1st August 2014 for that purpose only.
Transitional: restriction on closure proposals3
1
Paragraph (2) applies in relation to a decision made by the Scottish Ministers under section 16(2)(a) of the 2010 Act (refusal to consent to the proposal) on or after 1st August 2014 and before the date on which section 81(2) of the 2014 Act (repeal of section 16 of the 2010 Act) comes into force.
2
Section 2A (restriction on closure proposals) of the 2010 Act3, is to be read as if—
a
in subsection (2)(a), for sub-paragraph (ii) there was substituted—
ii
a decision of the Scottish Ministers in relation to the proposal under section 16(2)(a),
b
in subsection (2), for paragraph (b), there was substituted—
b
such a decision is made by the Scottish Ministers on the day on which the Scottish Ministers inform the education authority of the decision.
Transitional: where decision made not to implement a closure proposal before 1st August 20144
Section 2A (restriction on closure proposals) of the 2010 Act does not apply to a decision made before 1st August 2014 not to implement a school closure proposal.
Transitional: special provision for rural school closure proposals5
The amendments made to the 2010 Act by section 80 of the 2014 Act (special provision for rural school closure proposals) do not apply in any case where an education authority has published a proposal paper before 1st August 2014 in relation to a rural school closure proposal.
Transitory: HMIE6
1
This article has effect until the date on which section 81(2) of the 2014 Act (repeal of section 16 of the 2010 Act) comes into force.
2
Section 17B(3) of the 2010 Act4, is to be read as if—
a
for “the Panel” in both places there was substituted “the Scottish Ministers”; and
b
for “for the purpose of subsection (1)” there was substituted “for the purpose of their consideration of the matter of consent (including conditions) under section 16(2)”.
SCHEDULE
Column 1 Provisions of the 2014 Act | Column 2 Subject-matter | Colum 3 Purpose |
---|---|---|
Section 76 | References to the Schools (Consultation) (Scotland) Act 2010 | |
Section 77 | Restriction on closure proposals | |
Section 78 | Financial implications of closure proposals | |
Section 79 | Correction of proposal paper | |
Section 80 | Special provision for rural school closure proposals | |
Section 81(1)(a), (b) and (c) and (3)(b) | Call-in of closure proposals | |
Section 81(4) | Call-in of closure proposals | For the purpose of commencing section 17B(3) of the 2010 Act |
Section 81(4) | Call-in of closure proposals | So far as is necessary to enable Scottish Ministers to make regulations under section 17B(5) of the 2010 Act |
Section 81(5) | Call-in of closure proposals | So far as is necessary to enable Scottish Ministers to make regulations under paragraphs 1(9) and 2(5) of schedule 2A to the 2010 Act. |
Section 81(8)(b) | Call-in of closure proposals | So far as is necessary to enable Scottish Ministers to make regulations under section 17B(5) of, and paragraphs 1(9) and 2(5) of schedule 2A to, the 2010 Act. |
(This note is not part of the Order)
(This note is not part of the Order)
The Bill for the 2014 Act received Royal Assent on 27th March 2014. Section 102(1) brought Part 18 of the 2014 Act into force on the day after Royal Assent (apart from sections 96, 97 and 98). Section 102(2) brought subsections (2) to (5) of section 47 (duty to secure provision of early learning and childcare) into force on the day after Royal Assent. The provisions of the 2014 Act commenced by earlier commencement orders are detailed in the table below.
Provision | Date of Commencement | S.S.I.No. |
---|---|---|
Section 46 | 28th June 2014 | |
Section 47(1) and (6) | 1st August 2014 | |
Section 48 | 1st August 2014 | |
Section 49 | 1st August 2014 | |
Section 50 | 1st August 2014 | |
Section 51 | 1st August 2014 | |
Section 52 | 1st August 2014 | |
Section 53 | 1st August 2014 | |
Section 54 | 1st August 2014 | |
Section 55 | 1st August 2014 | |
Section 57 (partially) | 1st August 2014 | |
Section 66 (partially) | 1st August 2014 | |
Section 67(1) (partially) | 1st August 2014 | |
Section 68 (partially) | 1st August 2014 | |
Section 69 | 1st August 2014 | |
Section 70 | 1st August 2014 | |
Section 71 (partially) | 1st August 2014 | |
Section 72 | 1st August 2014 | |
Section 73 (partially) | 1st August 2014 | |
Section 74 | 1st August 2014 | |
Section 91 (partially) | 1st August 2014 | |
Section 93(6) (partially) | 1st August 2014 | |
Section 94 | 1st August 2014 | |
Section 96 (partially) | 1st August 2014 | |
Section 97 | 1st August 2014 | |
Section 98 (partially) | 28th June 2014 | |
Section 98 (partially) | 1st August 2014 | |
Schedule 5, paragraph 1 | 1st August 2014 | |
Schedule 5, paragraphs 2(1) and (6) | 28th June 2014 | |
Schedule 5, paragraph 2(2) | 1st August 2014 | |
Schedule 5, paragraph 2(4)(b) (partially) | 1st August 2014 | |
Schedule 5, paragraph 2(5)(b) (partially) | 1st August 2014 | |
Schedule 5, paragraph 6 | 1st August 2014 | |
Schedule 5, paragraph 7 | 28th June 2014 | |
Schedule 5, paragraph 10 | 1st August 2014 |