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The Children and Young People (Scotland) Act 2014 (Commencement No. 3) Order 2014

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Scottish Statutory Instruments

2014 No. 251 (C. 22)

Children And Young Persons

Education

The Children and Young People (Scotland) Act 2014 (Commencement No. 3) Order 2014

Made

23rd September 2014

Laid before the Scottish Parliament

25th September 2014

Coming into force

6th October 2014

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 102(3) of the Children and Young People (Scotland) Act 2014(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 3) Order 2014 and comes into force on 6th October 2014.

(2) In this Order—

“the 2014 Act” means the Children and Young People (Scotland) Act 2014; and

“the 2010 Act” means the Schools (Consultation) (Scotland) Act 2010(2).

Appointed day

2.  6th October 2014 is the day appointed for the coming into force of—

(a)section 81(4) of the 2014 Act (call-in of closure proposals) for the purpose of bringing into force section 17A(6) of the 2010 Act(3); and

(b)section 81(9) of the 2014 Act(4),

only in so far as necessary to enable the Scottish Ministers to make regulations under paragraphs 1(9) and 2(5) of schedule 2A to the 2010 Act(5).

MICHAEL RUSSELL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

23rd September 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 81(4) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) for the purpose of bringing into force section 17A(6) of the Schools (Consultation) (Scotland) Act 2010 (“the 2010 Act”) (section 81(4) inserts section 17A(6) into the 2010 Act) and section 81(9) of the 2014 Act (which amends section 21(2) of the 2010 Act) on 6th October 2014, but only in so far as necessary to enable the Scottish Ministers to make regulations under paragraphs 1(9) and 2(5) of schedule 2A to the 2010 Act (as inserted by section 81(5) of the 2014 Act).

Sections 17A(6) and 21(2) of the 2010 Act contain interpretation provisions of the terms “the Convener” and “School Closure Review Panel” which require to be commenced for the purposes of making regulations under paragraphs 1(9) and 2(5) of schedule 2A to the 2010 Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The Bill for the 2014 Act received Royal Accent 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.

ProvisionDate of CommencementS.S.I. No.

Section 46

Section 47(1) and (6)

Section 48

Section 49

Section 50

Section 51

Section 52

Section 53

Section 54

Section 55

Section 57 (partially)

Section 66 (partially)

Section 67(1) partially

Section 68 (partially)

Section 69

Section 70

Section 71 (partially)

Section 72

Section 73 (partially)

Section 74

Section 76

Section 77

Section 78

Section 79

Section 80

Section 81(1)(a), (b) and (c) and (3)(b)

Section 81(4) (partially)

Section 81(5) (partially)

Section 81(8)(b) (partially)

Section 91 (partially)

Section 93(6) (partially)

Section 94

Section 96 (partially)

Section 97

Section 98 (partially)

Section 98 (partially)

Schedule 5, paragraph 1

Schedule 5, paragraphs 2(1) and (6)

Schedule 5, paragraph 2(2)

Schedule 5, paragraph 2(4)(b) (partially)

Schedule 5, paragraph 2(5)(b) (partially)

Schedule 5, paragraph 6

Schedule 5, paragraph 7

Schedule 5, paragraph 10

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(1)

2014 asp 8 (“the 2014 Act”).

(2)

2010 asp 2 (“the 2010 Act”).

(3)

Section 17A(6) of the 2010 Act is inserted by section 81(4) of the 2014 Act.

(4)

Section 81(9) amends section 21(2) of the 2010 Act (definitions), to insert the definition of “the Convenor” and of “School Closure Review Panel”.

(5)

Paragraphs 1(9) and 2(5) of schedule 2A to the 2010 Act are inserted by section 81(5) of the 2014 Act.

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