The Children (Scotland) Act 1995 (Commencement No.1) Order 1995

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st November 1995 as the date for the coming into force of the provisions of the Children (Scotland) Act 1995 (“the Act”) which are specified in the Schedule to the Order, subject to any restriction of purpose specified in that Schedule.

The provisions of the Act which are specified in the Schedule to the Order fall into the following main groups, namely—

(a) provisions relating to the legal capacity of children under the age of 16 years, namely section 99 and paragraphs 12, 13, 40(b), 53(1) and (3) of Schedule 4 and the associated repeal in Schedule 5;

(b) provisions enabling rules of court to be made for the sheriff court and Court of Session as to how children’s views are to be expressed to the court, namely paragraphs 18(1) and (2) and 45 of Schedule 4;

(c) provisions relating to the welfare of children in accommodation provided for the purposes of school attendance, namely section 35;

(d) provisions relating to the disqualification of certain persons from registration as a child minder or as a provider of day care for children, namely section 37; and

(e) ancillary provisions or provisions which are brought into force for limited purposes, such as sections 1(1) and (3) and 15 (interpretation), section 103 (interpretation, rules, regulations and Parliamentary procedure), section 104 (financial provision) and section 105(4) and (5) (amendments and repeals).