Children and Young People (Scotland) Act 2014 Explanatory Notes

1. Introduction

2. Overview

3. Commentary on Sections

   1. Part 1 – Rights of Children

      1. Section 1 – Duties of Scottish Ministers in relation to the rights of children

      2. Section 2 – Duties of public authorities in relation to the UNCRC

   2. Part 2 – Commissioner for Children and Young People In Scotland

      1. Section 5 – Investigations by the Commissioner

      2. Section 6 – Requirement to respond to Commissioner’s recommendations

   3. Part 3 – Children’s Services Planning

      1. Section 7 – Introductory

      2. Section 8 – Requirement to prepare children’s services plan

      3. Section 9 – Aims of children’s services plan

      4. Section 10 – Children’s services plan: process

      5. Section 11 – Children’s services plan: review

      6. Section 12 – Implementation of children’s services plan

      7. Section 13 – Reporting on children’s services plan

      8. Section 14 – Assistance in relation to children’s services planning

      9. Section 15 – Guidance in relation to children’s services planning

      10. Section 16 – Directions in relation to children’s services planning

      11. Section 17 – Children’s services plan: default powers of Scottish Ministers

   4. Part 4 – Provision of named persons

      1. Section 19 – Named person service

      2. Section 20 – Named person service in relation to pre-school child

      3. Section 21 – Named person service in relation to children not falling within section 20

      4. Section 22 – Continuation of named person service in relation to certain young people

      5. Section 23 – Communication in relation to movement of children and young people

      6. Section 24 – Duty to communicate information about role of named persons

      7. Section 25 – Duty to help named person

      8. Section 26 – Information sharing

      9. Section 27 – Disclosure of information

      10. Section 28 – Guidance in relation to named person service

      11. Section 29 – Directions in relation to named person service

      12. Section 30 – Complaints in relation to Part 4

      13. Section 31 – Relevant authorities

   5. Part 5 – Child’s plan

      1. Section 33 – Child’s plan: requirement

      2. Section 34 – Content of a child’s plan

      3. Section 35 – Preparation of a child’s plan

      4. Section 36 – Responsible authority: general

      5. Section 37 – Responsible authority: special cases

      6. Section 38 – Delivery of a child’s plan

      7. Section 39 – Child’s plan: management

      8. Section 40 – Assistance in relation to child’s plan

      9. Section 41 – Guidance on child’s plans

      10. Section 42 – Directions in relation to child’s plans

      11. Section 43 – Complaints in relation to Part 5

      12. Section 44 – Listed Authorities

      13. Section 45– Interpretation of Part 5

   6. Part 6 – Early Learning and Childcare

      1. Section 46 – Early learning and childcare

      2. Section 47 – Duty to secure provision of early learning and childcare

      3. Section 48 – Mandatory amount of early learning and childcare

      4. Section 49 – Looked after 2 year olds: alternative arrangements to meet wellbeing needs

      5. Section 50 – Duty to consult and plan on delivery of early learning and childcare

      6. Section 51– Method of delivery of early learning and childcare

      7. Section 52 – Flexibility in way in which early learning and childcare is made available

      8. Section 53 – Interpretation of Part 6

   7. Part 7 – Power to Provide School Education for Pre-School Children

      1. Section 54 - Duty to consult and plan in relation to power to provide school education for pre-school children

   8. Part 8 – Day Care and Out of School Care

      1. Section 55 - Duty to consult and plan in relation to day care and out of school care

   9. Part 9 – Corporate Parenting

      1. Section 56 – Corporate parents

      2. Section 57 – Application of Part: children and young people

      3. Section 58 – Corporate parenting responsibilities

      4. Section 59 – Planning by corporate parents

      5. Section 60 – Collaborative working among corporate parents

      6. Section 61 – Reports by corporate parents

      7. Section 62 – Duty to provide information to Scottish Ministers

      8. Section 63 – Guidance on corporate parenting

      9. Section 64 – Directions to corporate parents

      10. Section 65 – Reports by Scottish Ministers

   10. Part 10 – Aftercare

       1. Section 66 – Provision of aftercare to young people

   11. Part 11 – Continuing Care

       1. Section 67 – Continuing Care: looked after children

   12. Part 12 – Services in Relation to Children at Risk of Becoming Looked After, etc.

       1. Section 68 – Provision of relevant services to parents and others

       2. Section 69 – Relevant services: further provision

   13. Part 13 – Support for Kinship Care

       1. Section 71 – Assistance in relation to kinship care orders

       2. Section 72 – Orders which are kinship care orders

       3. Section 73 – Kinship care assistance: further provision

   14. Part 14 – Adoption Register

       1. Section 75 – Scotland’s Adoption Register

       2. Section 13A – Scotland’s Adoption Register

       3. Section 13B – Registration organisation

       4. Section 13C – Supply of information for the Register

       5. Section 13D – Disclosure of information

       6. Section 13E – Fees and other payments

       7. Section 13F – Use of an organisation as agency for payments

       8. Section 13G - Supplementary

   15. Part 15 - School Closure Proposals, etc

       1. Section 77 – Restriction on closure proposals

       2. Section 78 – Financial implications of closure proposals

       3. Section 79 – Correction of proposal paper

       4. Section 80 – Special provision for rural school closure proposals

       5. Section 81 – Call-in of closure proposals

   16. Part 16 – Children’s Hearings

       1. Section 82 – Safeguarders: exceptions to duty to prepare report on appointment

       2. Section 83 – Maximum period of child protection order

       3. Section 84 – Power to determine that deeming of person as relevant person to end

       4. Section 85 – Grounds hearing: non-acceptance of facts supporting ground

       5. Section 86 – Failure of child to attend grounds hearing: power to make interim order

       6. Section 87 – Limit on number of further interim compulsory supervision orders

       7. Section 88 – Area support teams: establishment

       8. Section 89 – Area support teams: administrative support by local authorities

   17. Part 17 – Other Reforms

       1. Detention of children in secure accommodation

          1. Section 91 – Appeal against detention of child in secure accommodation

       2. Children’s legal aid

          1. Section 92 – Power of Scottish Ministers to modify circumstances in which children’s legal aid to be made available

       3. Provision of school meals

          1. Section 93 – Provision of free school lunches

       4. Licensing of child performances

          1. Section 94 – Extension of licensing of child performances to children under 14

       5. Wellbeing

          1. Section 95 – Consideration of wellbeing in exercising certain functions

   18. Part 18 - General

       1. Section 96 – Assessment of wellbeing

       2. Section 98 – Modification of enactments

       3. Section 99 – Subordinate legislation

       4. Section 100 – Guidance and directions

       5. Section 101 – Ancillary provision

       6. Section 102 – Commencement

       7. Section 103 – Short title

       8. Schedule 1 – Authorities to which section 2 applies

       9. Schedule 2 – Relevant authorities

       10. Schedule 3 – Listed Authorities

       11. Schedule 4 – Corporate parents

       12. Schedule 5 – Modification of enactments

4. Parliamentary History