Children and Young People (Scotland) Act 2014

F1SCHEDULE 1SAuthorities to which section 2 applies

(introduced by section 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SCHEDULE 2SRelevant authorities

(introduced by section 31)

Prospective

1SNHS 24

Prospective

2SNHS National Services Scotland

Prospective

3SScottish Ambulance Service Board

Prospective

4SState Hospitals Board for Scotland

Prospective

5SThe National Waiting Times Centre Board

Prospective

6SSkills Development Scotland Co. Ltd (registered number SC 202659)

Prospective

7SSocial Care and Social Work Improvement Scotland

Prospective

8SThe Scottish Sports Council

Prospective

9SThe chief constable of the Police Service of Scotland

Prospective

10SThe Scottish Police Authority

Prospective

11SThe Scottish Fire and Rescue Service

Prospective

12SThe Commissioner for Children and Young People in Scotland

Prospective

13SA body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005

[F214.SAn integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.]

Textual Amendments

[F315SThe Principal Reporter.]

Textual Amendments

SCHEDULE 3SListed authorities

(introduced by section 44)

Prospective

1SThe Scottish Ministers

Prospective

2SNHS 24

Prospective

3SNHS National Services Scotland

Prospective

4SScottish Ambulance Service Board

Prospective

5SState Hospitals Board for Scotland

Prospective

6SThe National Waiting Times Centre Board

Prospective

7SSkills Development Scotland Co. Ltd (registered number SC 202659)

Prospective

8SSocial Care and Social Work Improvement Scotland

Prospective

9SThe Scottish Sports Council

Prospective

10SThe chief constable of the Police Service of Scotland

Prospective

11SThe Scottish Police Authority

Prospective

12SThe Scottish Fire and Rescue Service

Prospective

13SThe Commissioner for Children and Young People in Scotland

Prospective

14SA body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005

[F415.SAn integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.]

Textual Amendments

[F516SThe Principal Reporter.]

Textual Amendments

[F617SILF Scotland]

Textual Amendments

SCHEDULE 4SCorporate parents

(introduced by section 56)

1SThe Scottish Ministers

Commencement Information

I1Sch. 4 para. 1 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

2SA local authority

Commencement Information

I2Sch. 4 para. 2 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

3SThe National Convener of Children's Hearings Scotland

Commencement Information

I3Sch. 4 para. 3 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

4SChildren's Hearings Scotland

Commencement Information

I4Sch. 4 para. 4 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

5SThe Principal Reporter

Commencement Information

I5Sch. 4 para. 5 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

6SThe Scottish Children's Reporter Administration

Commencement Information

I6Sch. 4 para. 6 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

7SA health board

Commencement Information

I7Sch. 4 para. 7 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

8SA board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978

Commencement Information

I8Sch. 4 para. 8 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

9SHealthcare Improvement Scotland

Commencement Information

I9Sch. 4 para. 9 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

10SThe Scottish Qualifications Authority

Commencement Information

I10Sch. 4 para. 10 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

11SSkills Development Scotland Co. Ltd (registered number SC 202659)

Commencement Information

I11Sch. 4 para. 11 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

12SSocial Care and Social Work Improvement Scotland

Commencement Information

I12Sch. 4 para. 12 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

13SThe Scottish Social Services Council

Commencement Information

I13Sch. 4 para. 13 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

14SThe Scottish Sports Council

Commencement Information

I14Sch. 4 para. 14 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

15SThe chief constable of the Police Service of Scotland

Commencement Information

I15Sch. 4 para. 15 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

16SThe Scottish Police Authority

Commencement Information

I16Sch. 4 para. 16 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

17SThe Scottish Fire and Rescue Service

Commencement Information

I17Sch. 4 para. 17 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

18SThe Scottish Legal Aid Board

Commencement Information

I18Sch. 4 para. 18 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

19SThe Commissioner for Children and Young People in Scotland

Commencement Information

I19Sch. 4 para. 19 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

20SThe Mental Welfare Commission for Scotland

Commencement Information

I20Sch. 4 para. 20 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

21SThe Scottish Housing Regulator

Commencement Information

I21Sch. 4 para. 21 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

22SBòrd na Gàidhlig

Commencement Information

I22Sch. 4 para. 22 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

23SCreative Scotland

Commencement Information

I23Sch. 4 para. 23 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

24SA body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005

Commencement Information

I24Sch. 4 para. 24 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

[F725.SAn integration joint board to which functions in relation to persons under 18 years of age have been delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.]

Textual Amendments

[F826SILF Scotland]

Textual Amendments

SCHEDULE 5SModification of enactments

(introduced by section 98)

Social Work (Scotland) Act 1968S

1SIn 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.”.

Commencement Information

I25Sch. 5 para. 1 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch. (with art. 4)

Education (Scotland) Act 1980S

2(1)The 1980 Act is amended as follows.S

(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;”.

Commencement Information

I26Sch. 5 para. 2(1)(6) in force at 28.6.2014 by S.S.I. 2014/131, art. 2(1)

I27Sch. 5 para. 2(2) in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.

I28Sch. 5 para. 2(3) in force at 5.1.2015 by S.S.I. 2014/314, art. 2, Sch.

I29Sch. 5 para. 2(4)(a)(c)(5)(a) in force at 5.1.2015 by S.S.I. 2014/314, art. 2, Sch.

I30Sch. 5 para. 2(4)(b)(5)(b) in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.

I31Sch. 5 para. 2(4)(b)(5)(b) in force at 5.1.2015 in so far as not already in force by S.S.I. 2014/314, art. 2, Sch.

Legal Aid (Scotland) Act 1986S

3(1)The Legal Aid (Scotland) Act 1986 is amended as follows.S

(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), ”.

Commencement Information

I32Sch. 5 para. 3(1)(2) in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.

I33Sch. 5 para. 3(3) in force at 28.11.2016 by S.S.I. 2016/254, art. 3(2)(b)

Children (Scotland) Act 1995S

4(1)The 1995 Act is amended as follows.S

(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”.

Commencement Information

I34Sch. 5 para. 4(1)(4) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.

I35Sch. 5 para. 4(2)(3) in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(c)

Criminal Procedure (Scotland) Act 1995S

5(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.S

(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)”.

Commencement Information

I36Sch. 5 para. 5(1)(2) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.

I37Sch. 5 para. 5(3) in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(c)

Education Act 1996S

6SParagraph 11 of Schedule 37 to the Education Act 1996 is repealed.

Commencement Information

I38Sch. 5 para. 6 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.

Standards in Scotland's Schools Act 2000S

7SIn 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 ”.

Commencement Information

I39Sch. 5 para. 7 in force at 28.6.2014 by S.S.I. 2014/131, art. 2(1)

Regulation of Care (Scotland) Act 2001S

8SIn 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 ”.

Commencement Information

I40Sch. 5 para. 8 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.

Mental Health (Care and Treatment) (Scotland) Act 2003S

9SIn 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) ”.

Commencement Information

I41Sch. 5 para. 9 in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(c)

Education (Additional Support for Learning) (Scotland) Act 2004S

10(1)The Education (Additional Support for Learning) (Scotland) Act 2004 is amended as follows.S

(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”.

Commencement Information

I42Sch. 5 para. 10 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.

Adoption and Children (Scotland) Act 2007S

11(1)The Adoption and Children (Scotland) Act 2007 is amended as follows.S

(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, ”.

Commencement Information

I43Sch. 5 para. 11(1)(5)(6) in force at 30.9.2015 for specified purposes by S.S.I. 2015/317, art. 2, Sch.

I44Sch. 5 para. 11(1)(5)(6) in force at 1.4.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2

I45Sch. 5 para. 11(2)(3)(4) in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(c)

Children's Hearings (Scotland) Act 2011S

12(1)The Children's Hearings (Scotland) Act 2011 is amended as follows.S

(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,”.

Commencement Information

I46Sch. 5 para. 12(1)-(9) in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.

I47Sch. 5 para. 12(10) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.