2015 No. 406 (C. 51)
The Children and Young People (Scotland) Act 2014 (Commencement No. 10 and Saving Provision) Order 2015
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 102(3) and (4) of the Children and Young People (Scotland) Act 20141 and all other powers enabling them to do so.
Citation, commencement and interpretation
1
This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 10 and Saving Provision) Order 2015 and comes into force on 5th January 2016.
2
In this Order—
“the 1995 Act” means the Criminal Procedure (Scotland) Act 19952; and
“the 2014 Act” means the Children and Young People (Scotland) Act 2014.
Days appointed3
1
1st February 2016 is the day appointed for the coming into force of section 91 of the 2014 Act, in so far as not already in force.
2
Subject to paragraph (3), the day appointed for the coming into force of the provisions of the 2014 Act specified in—
a
column 1 of Part 1 of the Schedule (the subject matter of which is described in column 2 of that Part) is 5th January 2016; and
b
column 1 of Part 2 of the Schedule (the subject matter of which is described in column 2 of that Part) is 1st April 2016.
3
Where a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1 of Part 1 or 2, that provision comes into force in accordance with paragraph (2) for that purpose only.
Saving provision4
Despite article 3(1) appointing 1st February 2016 as the day on which section 91 of the 2014 Act (which inserts section 44A into the 1995 Act) comes into force, the 1995 Act continues to have effect on or after that date as it had effect immediately before that date in relation to any decision to detain a child in secure accommodation in pursuance of an order made under section 44 of the 1995 Act, where that decision was taken before 1st February 2016.
SCHEDULE
PART 1Provisions of the 2014 Act for which the day appointed for coming into force is 5th January 2016
Column 1 Provisions of the 2014 Act | Column 2 Subject Matter | Column 3 Purpose |
---|---|---|
Section 19 | Named person service | So far as is necessary to enable the Scottish Ministers to make orders under section 19(3)(b) of the 2014 Act |
Section 30 | Complaints in relation to Part 4 | So far as is necessary to enable the Scottish Ministers to make orders under section 30(1) of the 2014 Act |
Section 31 | Relevant authorities | So far as is necessary to enable the Scottish Ministers to make orders under section 31(2) of the 2014 Act |
Section 33 | Child’s plan: requirement | So far as is necessary to enable the Scottish Ministers to make orders under section 33(6) of the 2014 Act |
Section 34 | Content of a child’s plan | So far as is necessary to enable the Scottish Ministers to make orders under section 34(4) of the 2014 Act |
Section 35 | Preparation of a child’s plan | So far as is necessary to enable the Scottish Ministers to make orders under section 35(6) and (8) of the 2014 Act |
Section 37 | Responsible authority: special cases | So far as is necessary to enable the Scottish Ministers to make orders under section 37(7) of the 2014 Act |
Section 39 | Child’s plan: management | So far as is necessary to enable the Scottish Ministers to make orders under section 39(2) and (6) of the 2014 Act |
Section 43 | Complaints in relation to Part 5 | So far as is necessary to enable the Scottish Ministers to make orders under section 43(1) of the 2014 Act |
Section 44 | Listed authorities | So far as is necessary to enable the Scottish Ministers to make orders under section 44(2) of the 2014 Act |
Section 96 (so far as not already in force) | Assessment of wellbeing |
PART 2Provisions of the 2014 Act for which the day appointed for coming into force is 1st April 2016
Column 1 Provisions of the 2014 Act | Column 2 Subject Matter | Column 3 Purpose |
---|---|---|
Section 71 (so far as not already in force) | Assistance in relation to kinship care orders | |
Section 73 (so far as not already in force) | Kinship care assistance: further provision | |
Section 75 (so far as not already in force) | Scotland’s Adoption Register | |
Section 98 | Modification of enactments (consequential amendments) | For the purpose of commencing paragraph 11(1), (5) and (6) of schedule 5 to the 2014 Act |
Schedule 5, paragraph 11(1), (5) and (6) (so far as not already in force) | Consequential amendments |
(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:
Provisions | Date of Commencement | S.S.I.No. |
---|---|---|
Section 1 | 15th June 2015 | |
Section 4 | 15th June 2015 | |
Section 8 (partially) | 30th September 2015 | |
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 56 | 1st April 2015 | |
Section 57 (partially) | 1st August 2014 | |
Section 57 (so far as not already in force) | 1st April 2015 | |
Section 58 | 1st April 2015 | |
Section 59 | 1st April 2015 | |
Section 60 | 1st April 2015 | |
Section 61 | 1st April 2015 | |
Section 62 | 1st April 2015 | |
Section 63 | 1st April 2015 | |
Section 64 | 1st April 2015 | |
Section 65 | 1st April 2015 | |
Section 66 (partially) | 1st August 2014 | |
Section 66 (so far as not already in force) | 1st April 2015 | |
Section 67(1) (partially) | 1st August 2014 | |
Section 67(1) (so far as not already in force) | 1st April 2015 | |
Section 67(2) | 1st April 2015 | |
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 75 (partially) | 30th September 2015 | |
Section 76 | 1st August 2014 | |
Section 77 | 1st August 2014 | |
Section 78 | 1st August 2014 | |
Section 79 | 1st August 2014 | |
Section 80 | 1st August 2014 | |
Section 81(1)(a), (b) and (c) | 1st August 2014 | |
Section 81(1)(d) (so far as not already in force) | 30th March 2015 | |
Section 81(2) (so far as not already in force) | 30th March 2015 | |
Section 81(3)(a) (so far as not already in force) | 30th March 2015 | |
Section 81(3)(b) | 1st August 2014 | |
Section 81(4) (partially) | 1st August 2014 | |
Section 81(4) (partially) | 6th October 2014 | |
Section 81(4) (partially) | 9th January 2015 | |
Section 81(4) (partially) | 9th January 2015 | |
Section 81(4) (so far as not already in force) | 30th March 2015 | |
Section 81(5) (partially) | 1st August 2014 | |
Section 81(5) (so far as not already in force) | 9th January 2015 | |
Section 81(6) (so far as not already in force) | 30th March 2015 | |
Section 81(7) | 9th January 2015 | |
Section 81(8) (so far as not already in force) | 30th March 2015 | |
Section 81(8)(b) (partially) | 1st August 2014 | |
Section 81(9) (partially) | 6th October 2014 | |
Section 81(9) (so far as not already in force) | 9th January 2015 | |
Section 81(10) | 9th January 2015 | |
Section 81(11)(a) | 9th January 2015 | |
Section 81(11)(b) (so far as not already in force) | 30th March 2015 | |
Section 81(12) | 9th January 2015 | |
Section 82 | 26th January 2015 | |
Section 83 | 26th January 2015 | |
Section 84 | 26th January 2015 | |
Section 85 | 26th January 2015 | |
Section 86 | 26th January 2015 | |
Section 87 | 26th January 2015 | |
Section 88 | 26th January 2015 | |
Section 89 | 26th January 2015 | |
Section 90 | 26th January 2015 | |
Section 91 (partially) | 1st August 2014 | |
Section 93(6) (partially) | 1st August 2014 | |
Section 93 (so far as not already in force) | 5th January 2014 | |
Section 94 | 1st August 2014 | |
Section 96 (partially) | 1st August 2014 | |
Section 96 (partially) | 1st April 2015 | |
Section 97 | 1st August 2014 | |
Section 98 (partially) | 28th June 2014 | |
Section 98 (partially) | 1st August 2014 | |
Section 98 (partially) | 5th January 2015 | |
Section 98 (partially) | 26th January 2015 | |
Section 98 (partially) | 1st April 2015 | |
Section 98 (partially) | 30th September 2015 | |
Schedule 4 | 1st April 2015 | |
Schedule 5, paragraph 1 | 1st August 2014 | |
Schedule 5, paragraph 2(1) and (6) | 28th June 2014 | |
Schedule 5, paragraph 2(2) | 1st August 2014 | |
Schedule 5, paragraph 2(3) | 5th January 2015 | |
Schedule 5, paragraph 2(4)(b) (partially) | 1st August 2014 | |
Schedule 5, paragraph 2(4) (so far as not already in force) | 5th January 2015 | |
Schedule 5, paragraph 2(5)(b) (partially) | 1st August 2014 | |
Schedule 5, paragraph 2(5) (so far as not already in force) | 5th January 2015 | |
Schedule 5, paragraph 3(1) and (2) | 26th January 2015 | |
Schedule 5, paragraph 4(1) and (4) | 30th September 2015 | |
Schedule 5, paragraph 5(1) and (2) | 30th September 2015 | |
Schedule 5, paragraph 6 | 1st August 2014 | |
Schedule 5, paragraph 7 | 28th June 2014 | |
Schedule 5, paragraph 8 | 1st April 2015 | |
Schedule 5, paragraph 10 | 1st August 2014 | |
Schedule 5, paragraph 11(1), (5) and (6) (partially) | 30th September 2015 | |
Schedule 5, paragraph 12(1) to (9) | 26th January 2015 | |
Schedule 5, paragraph 12(10) | 30th September 2015 |