PART 4Provision of named persons

21Named person service in relation to children not falling within section 20

1

A local authority is to make arrangements for the provision of a named person service in relation to each child residing in its area, other than—

a

a pre-school child, or

b

a child falling within subsection (2) or (4).

2

A child falls within this subsection if the child is—

a

a pupil at a public school which is managed by a different local authority,

b

a pupil at—

i

a grant-aided school, or

ii

an independent school,

c

kept in secure accommodation, or

d

in legal custody or subject to temporary release from such custody.

3

For the purposes of subsection (2)(d), a child is in legal custody—

a

while confined in or being taken to or from any penal institution in which the child may be lawfully confined,

b

while working, or for any other reason, outside the penal institution in the custody or under the control of an officer of the institution, a constable or a police custody and security officer,

c

while being taken to any place to which the child is required or authorised to be taken by virtue of the Prisons (Scotland) Act 1989, or

d

while kept in custody in pursuance of such a requirement or authorisation.

4

A child falls within this subsection if the child is a member of any of the regular forces.

5

During any period when a child falls within subsection (2)(a), the local authority which manages the school concerned is to make arrangements for the provision of a named person service in relation to the child.

6

During any period when a child falls within subsection (2)(b) or (c), the directing authority of the establishment concerned is to make arrangements for the provision of a named person service in relation to the child.

7

During any period when a child falls within subsection (2)(d), the Scottish Ministers are to make arrangements for the provision of a named person service in relation to the child.