Children (Scotland) Act 1995

1. Introductory Text

2. Part I Parents, Children and Guardians

   1. Parental responsibilities and parental rights

      1. 1. Parental responsibilities.

      2. 2. Parental rights.

      3. 3. Provisions relating both to parental responsibilities and to parental rights.

      4. 4. Acquisition of parental rights and responsibilities by natural father.

      5. 5. Care or control of child by person without parental responsibilities or parental rights.

      6. 6. Views of children.

   2. Guardianship

      1. 7. Appointment of guardians.

      2. 8. Revocation and other termination of appointment.

   3. Administration of child’s property

      1. 9. Safeguarding of child’s property.

      2. 10. Obligations and rights of person administering child’s property.

   4. Court Orders

      1. 11. Court orders relating to parental responsibilities etc.

      2. 12. Restrictions on decrees for divorce, separation or annulment affecting children.

      3. 13. Awards of damages to children.

   5. Jurisdiction and choice of law

      1. 14. Jurisdiction and choice of law in relation to certain matters.

   6. Interpretation

      1. 15. Interpretation of Part I.

3. Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.

   1. Chapter 1 Support for Children and Their Families

      1. Introductory

         1. 16. Welfare of child and consideration of his views.

         2. 17. Duty of local authority to child looked after by them.

         3. 18. Duty of persons with parental responsibilities to notify change of address to local authorities looking after child.

      2. Provision of services

         1. 19. Local authority plans for services for children.

         2. 20. Publication of information about services for children.

         3. 21. Co-operation between authorities.

         4. 22. Promotion of welfare of children in need.

         5. 23. Children affected by disability.

         6. 24. Assessment of ability of carers to provide care for disabled children.

         7. 25. Provision of accommodation for children, etc.

         8. 26. Manner of provision of accommodation to child looked after by local authority.

         9. 27. Day care for pre-school and other children.

         10. 28. Removal of power to arrange for emigration of children.

      3. Advice and assistance for young persons formerly looked after by local authorities

         1. 29. After-care.

         2. 30. Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc.

      4. Miscellaneous and General

         1. 31. Review of case of child looked after by local authority.

         2. 32. Removal of child from residential establishment.

         3. 33. Effect of orders etc. made in different parts of the United Kingdom.

         4. 34. Registration and inspection of certain residential grant-aided and independent schools etc.

         5. 35. Welfare of children in accommodation provided for purposes of school attendance.

         6. 36. Welfare of certain children in hospitals and nursing homes etc.

         7. 37. Modification of provisions of Children Act 1989 regarding disqualification from registration as child minder etc.

         8. 38. Short-term refuges for children at risk of harm.

   2. Chapter 2 Children’s Hearings

      1. Constitution of children’s hearings

         1. 39. Formation of children’s panel and children’s hearings.

      2. Qualifications, employment and duties of reporters

         1. 40. Qualification and employment of reporters.

      3. Safeguards for children

         1. 41. Safeguarding child’s interests in proceedings.

      4. Conduct of proceedings at and in connection with children’s hearing

         1. 42. Power of Secretary of State to make rules governing procedure at children’s hearing etc.

         2. 43. Privacy of proceedings at and right to attend children’s hearing.

         3. 44. Prohibition of publication of proceedings at children’s hearing.

         4. 45. Attendance of child and relevant person at children’s hearing.

         5. 46. Power to exclude relevant person from children’s hearing.

         6. 47. Presumption and determination of age.

      5. Transfer etc. of cases

         1. 48. Transfer of case to another children’s hearing.

         2. 49. Referral or remission to children’s hearing on conviction.

         3. 50. Treatment of child’s case on remission by court.

      6. Appeals

         1. 51. Appeal against decision of children’s hearing or sheriff.

   3. Chapter 3 Protection and Supervision

      1. Children requiring compulsory measures of supervision

         1. 52. Children requiring compulsory measures of supervision.

      2. Preliminary and investigatory measures

         1. 53. Provision of information to the Principal Reporter.

         2. 54. Reference to the Principal Reporter by court.

         3. 55. Child assessment orders.

         4. 56. Initial investigation by the Principal Reporter.

      3. Measures for the emergency protection of children

         1. 57. Child protection orders.

         2. 58. Directions in relation to contact and exercise of parental responsibilities and parental rights.

         3. 59. Initial hearing of case of child subject to child protection order.

         4. 60. Duration, recall or variation of child protection order.

         5. 61. Emergency protection of children where child protection order not available.

         6. 62. Regulations in respect of emergency child protection measures.

      4. Children arrested by the police.

         1. 63. Review of case of child arrested by police.

      5. Business meeting preparatory to children’s hearing

         1. 64. Business meeting preparatory to children’s hearing.

      6. Referral to, and disposal of case by, children’s hearing

         1. 65. Referral to, and proceedings at, children’s hearing.

         2. 66. Warrant to keep child where children’s hearing unable to dispose of case.

         3. 67. Warrant for further detention of child.

         4. 68. Application to sheriff to establish grounds of referral.

         5. 69. Continuation or disposal of referral by children’s hearing.

         6. 70. Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation.

         7. 71. Duties of local authority with respect to supervision requirements.

         8. 72. Transfer of child subject to supervision requirement in case of necessity.

         9. 73. Duration and review of supervision requirement.

         10. 74. Further provision as respects children subject to supervision requirements.

         11. 75. Powers of Secretary of State with respect to secure accommodation.

      7. Exclusion orders

         1. 76. Exclusion orders.

         2. 77. Effect of, and orders etc. ancillary to, exclusion order.

         3. 78. Powers of arrest etc. in relation to exclusion order.

         4. 79. Duration, variation and recall of exclusion order.

         5. 80. Exclusion orders: supplementary provisions.

      8. Offences in connection with orders etc. for protection of children

         1. 81. Offences in connection with orders etc. for protection of children.

      9. Fugitive children and harbouring

         1. 82. Recovery of certain fugitive children.

         2. 83. Harbouring.

      10. Implementation of authorisations etc.

          1. 84. Implementation of authorisations etc.

      11. New evidence: review of establishment of grounds of referral

          1. 85. Application for review of establishment of grounds of referral.

   4. Chapter 4 Parental Responsibilities Orders, etc.

      1. Parental responsibilities orders

         1. 86. Parental responsibilities order: general.

         2. 87. Further provision as respects parental responsibilities orders.

         3. 88. Parental contact.

         4. 89. Offences in relation to parental responsibilities orders.

      2. Miscellaneous

         1. 90. Consent of child to certain procedures.

         2. 91. Procedural rules in relation to certain applications etc.

         3. 92. Legal aid in respect of certain proceedings.

      3. Interpretation of Part II

         1. 93. Interpretation of Part II.

4. Part III Adoption

   1. 94. Approval of adoption society for specific services.

   2. 95. Welfare of child paramount consideration.

   3. 96. Duty of adoption agency to consider alternatives to adoption.

   4. 97. Adoption by person married to natural parent.

   5. 98. Further amendments of the 1978 Act; and interpretation of Part III.

5. Part IV General and Supplemental

   1. 99. Registration of births by persons who are themselves children.

   2. 100. Inquiries into matters affecting children.

   3. 101. Panel for curators ad litem, reporting officers and safeguarders.

   4. 102. Removal of duty to report on operation of Children Act 1975.

   5. 103. Interpretation, rules, regulations and Parliamentary control.

   6. 104. Financial provision.

   7. 105. Extent, short title, minor and consequential amendments, repeals and commencement.

6. SCHEDULES:

   1. Schedule 1

      —Children’s Panels.

   2. Schedule 2

      —Amendments of the Adoption (Scotland) Act 1978.

   3. Schedule 3

      —Transitional Provisions and Savings.

   4. Schedule 4

      —Minor and Consequential Amendments.

   5. Schedule 5

      —Repeals.