- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(introduced by section 3)
1A local authority
2Children’s Hearings Scotland
3The Scottish Children’s Reporter Administration
4A health board
5A board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978
6Healthcare Improvement Scotland
7The Scottish Qualifications Authority
8Skills Development Scotland Co. Ltd (registered number SC 202659)
9Social Care and Social Work Improvement Scotland
10The Scottish Social Services Council
11The Scottish Sports Council
12The chief constable of the Police Service of Scotland
13The Scottish Police Authority
14The Scottish Fire and Rescue Service
15The Scottish Legal Aid Board
16The Mental Welfare Commission for Scotland
17The Scottish Housing Regulator
18Bòrd na Gàidhlig
19Creative Scotland
(introduced by section 31)
1NHS 24
2NHS National Services Scotland
3Scottish Ambulance Service Board
4State Hospitals Board for Scotland
5The National Waiting Times Centre Board
6Skills Development Scotland Co. Ltd (registered number SC 202659)
7Social Care and Social Work Improvement Scotland
8The Scottish Sports Council
9The chief constable of the Police Service of Scotland
10The Scottish Police Authority
11The Scottish Fire and Rescue Service
12The Commissioner for Children and Young People in Scotland
13A body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
(introduced by section 44)
1The Scottish Ministers
2NHS 24
3NHS National Services Scotland
4Scottish Ambulance Service Board
5State Hospitals Board for Scotland
6The National Waiting Times Centre Board
7Skills Development Scotland Co. Ltd (registered number SC 202659)
8Social Care and Social Work Improvement Scotland
9The Scottish Sports Council
10The chief constable of the Police Service of Scotland
11The Scottish Police Authority
12The Scottish Fire and Rescue Service
13The Commissioner for Children and Young People in Scotland
14A body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
(introduced by section 56)
1The Scottish Ministers
2A local authority
3The National Convener of Children’s Hearings Scotland
4Children’s Hearings Scotland
5The Principal Reporter
6The Scottish Children’s Reporter Administration
7A health board
8A board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978
9Healthcare Improvement Scotland
10The Scottish Qualifications Authority
11Skills Development Scotland Co. Ltd (registered number SC 202659)
12Social Care and Social Work Improvement Scotland
13The Scottish Social Services Council
14The Scottish Sports Council
15The chief constable of the Police Service of Scotland
16The Scottish Police Authority
17The Scottish Fire and Rescue Service
18The Scottish Legal Aid Board
19The Commissioner for Children and Young People in Scotland
20The Mental Welfare Commission for Scotland
21The Scottish Housing Regulator
22Bòrd na Gàidhlig
23Creative Scotland
24A body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
(introduced by section 98)
1In section 5 of the Social Work (Scotland) Act 1968—
(a)in subsection (1)—
(i)for “1995 and” substitute “1995,”,
(ii)after “2013 (asp 1)” insert “Part 6 (in so far as it applies to looked after children) and Parts 12 and 13 of the Children and Young People (Scotland) Act 2014 (asp 8)”,
(b)in subsection (1B), after paragraph (s) insert—
“(t)Part 6 (in so far as it applies to looked after children) of the Children and Young People (Scotland) Act 2014 (asp 8).”,
(c)after subsection (1B) insert—
“(1C)In subsections (1) and (1B) of this section, the references to looked after children are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.”.
2(1)The 1980 Act is amended as follows.
(2)In section 1—
(a)in subsection (1A), for the words from first “as” to “order” substitute “to the extent required by section 47(1) of the Children and Young People (Scotland) Act 2014”,
(b)omit subsections (1B) and (4A),
(c)in subsection (5)(a), for sub-paragraph (i) substitute—
“(i)early learning and childcare;”.
(3)In section 53A(2), for “53(3)” substitute “53”.
(4)In section 53B—
(a)in subsection (1)—
(i)after “applies” insert “, subject to subsection (1A),”,
(ii)for “53(3)” substitute “53”,
(b)after subsection (1), insert—
“(1A)This section does not apply in such circumstances as the Scottish Ministers may by regulations prescribe.”,
(c)in subsection (5)(b), for “53(3)” substitute “53”.
(5)In section 133—
(a)in subsection (2), for “(2ZA)” substitute “(2YA)”,
(b)after subsection (2), insert—
“(2YA)Subsection (2) above shall not apply to any regulations under section 53(3)(c) of this Act; and such regulations shall be subject to the affirmative procedure.”.
(6)In section 135—
(a)after the definition of “dental treatment” insert—
““early learning and childcare” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014;”,
(b)for the definitions of “nursery school” and “nursery class” substitute—
““nursery schools” and “nursery classes” are schools and classes which provide early learning and childcare;”.
3(1)The Legal Aid (Scotland) Act 1986 is amended as follows.
(2)In section 28F(1)(b), after “deemed” insert “, or is no longer to be deemed,”.
(3)In section 37(2), after “28L(1) or (8),” insert “28LA(1),”.
4(1)The 1995 Act is amended as follows.
(2)Section 19 is repealed.
(3)In section 20, for subsection (2) substitute—
“(2)In subsection (1) above, “relevant services” means services provided by a local authority under or by virtue of—
(a)this Part of this Act;
(b)the Children’s Hearings (Scotland) Act 2011;
(c)Part 12 or 13 of the Children and Young People (Scotland) Act 2014; or
(d)any of the enactments mentioned in section 5(1B)(a) to (n), (r) or (t) of the Social Work (Scotland) Act 1968.”.
(4)In section 44—
(a)for subsection (1) substitute—
“(1)No person shall publish any matter in respect of proceedings before a sheriff on an application under section 76(1) of this Act which is intended to, or is likely to, identify—
(a)the child concerned in, or any other child connected (in any way) with, the proceedings; or
(b)any address or school as being that of any such child.”,
(b)in subsection (5)—
(i)omit paragraphs (b) and (c),
(ii)in the full-out, omit “, the Court or the Secretary of State as the case may be”.
5(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(2)In section 44(11), in the definition of “secure accommodation” for “2000 Act” in each place where it occurs substitute “Care Standards Act 2000”.
(3)In section 57A(16), in the definition of “relevant services” for “19(2)” substitute “20(2)”.
6Paragraph 11 of Schedule 37 to the Education Act 1996 is repealed.
7In section 34 of the Standards in Scotland’s Schools Act 2000—
(a)in paragraph (a), after “Act” insert “and Part 6 of the Children and Young People (Scotland) Act 2014”,
(b)in paragraph (b), for “that Act” substitute “those Acts”.
8In section 73(2)(a) of the Regulation of Care (Scotland) Act 2001—
(a)after first “provided” insert “under subsection (1) or (5A)(a) of that section”,
(b)for “the subsection in question” substitute “subsection (5A)(b) or (5B) of that section”.
9In section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003, in the definition of “relevant services” for “19(2)” substitute “20(2)”.
10(1)The Education (Additional Support for Learning) (Scotland) Act 2004 is amended as follows.
(2)In section 1(3)—
(a)in paragraph (a), for “a prescribed” substitute “an eligible”,
(b)in paragraph (b), for “a prescribed” substitute “an eligible”.
(3)In section 5(3)(a), in paragraph (a), for “a prescribed” substitute “an eligible”.
(4)In section 29(1)—
(a)after the definition of “co-ordinated support plan” insert—
““eligible pre-school child” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014,”,
(b)omit the definition of “prescribed pre-school child”.
11(1)The Adoption and Children (Scotland) Act 2007 is amended as follows.
(2)Section 4 is repealed.
(3)In section 6(1), omit “or 4”.
(4)The title of section 6 becomes “Assistance in carrying out functions under section 1”.
(5)In section 117(5)(a), after sub-paragraph (i) insert—
“(ia)section 13A(2),
(ib)section 13F(1),”.
(6)In section 119(1), in paragraph (b) of the definition of “adoption agency”, after “sections” insert “13A, 13D, 13F,”.
12(1)The Children’s Hearings (Scotland) Act 2011 is amended as follows.
(2)In section 80(1), after “(2)” insert “or (5A)”.
(3)In section 81—
(a)in subsection (2), after “must” insert “, unless that other matter is a matter mentioned in section 79(5A)(a),”,
(b)in subsection (5)(b), after sub-paragraph (iv) insert—
“(iva)section 81A,”.
(4)In section 94(3), for the second “of” substitute “given in compliance with section 90(1) in relation to”.
(5)In section 105, after subsection (1) insert—
“(1A)The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.”.
(6)In section 106, after subsection (1) insert—
“(1A)The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.”.
(7)In section 142, after subsection (1) insert—
“(1A)But this section does not apply where the matter of whether the individual should continue to be deemed to be a relevant person in relation to the child—
(a)has been determined by a meeting of a pre-hearing panel held in relation to the children’s hearing, or
(b)is, by virtue of section 80(3), to be determined by the children’s hearing.”.
(8)In section 160, for subsection (1)(a) substitute—
“(a)a determination of a pre-hearing panel or a children’s hearing that an individual—
(i)is or is not to be deemed a relevant person in relation to a child,
(ii)is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,”.
(9)In section 202(1), after the definition of “super-affirmative procedure” insert—
““supporting facts” has the meaning given by section 90(1D),”.
(10)In schedule 6, in the entry for the 1995 Act—
(a)at the end of the reference to sections 39 to 74 insert “, except section 44”,
(b)in the reference to section 105, omit “44,”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: