Subsection (2) applies where, by virtue of this Act, an education authority or F2the First-tier Tribunal is required to consider whether the wellbeing of a child who has attained the age of 12 years would, or would not, be adversely affected.

The authority or, as the case may be, F3the First-tier Tribunal is to consider the matter by reference to the extent to which the child is or would be—

• safe,

• healthy,

• achieving,

• nurtured,

• active,

• respected,

• responsible, and

• included.

The Scottish Ministers may by regulations modify the list in subsection (2) so as to amend, remove or add to the matters for the time being mentioned in the list.

Before making any regulations under subsection (3), the Scottish Ministers must consult such persons as they consider appropriate.