PART 3Children’s services planning

7Introductory

1

For the purposes of this Part—

  • “children’s service” means any service provided in the area of a local authority by a person mentioned in subsection (2) which is provided wholly or mainly to, or for the benefit of—

    1. a

      children generally, or

    2. b

      children with needs of a particular type (such as looked after children or children with a disability or a need for additional support in learning),

  • “other service provider” means—

    1. a

      the chief constable of the Police Service of Scotland,

    2. b

      the Scottish Fire and Rescue Service,

    3. c

      the Principal Reporter,

    4. d

      the National Convener of Children’s Hearings Scotland,

    5. e

      the Scottish Court Service,

  • “related service” means any service provided in the area of a local authority by a person mentioned in subsection (2) which though not a children’s service is capable of having a significant effect on the wellbeing of children,

  • “relevant health board” means––

    1. a

      if the area of the local authority is the same as that of a health board, that health board,

    2. b

      if the area of the local authority is not the same as that of a health board, the health board within whose area the area of the local authority falls.

2

The persons referred to in the definitions of “children’s service” and “related service” in subsection (1) are—

a

the local authority,

b

the relevant health board,

c

any other service provider,

d

the Scottish Ministers (but only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989).

3

The Scottish Ministers may by order specify—

a

services which are to be considered to be included within or excluded from the definition of “children’s service” or “related service” in subsection (1),

b

matters in relation to services falling within either of those definitions which are to be considered to be included within or excluded from those services.

4

Before making such an order, the Scottish Ministers must consult—

a

each health board,

b

each local authority, and

c

where the service concerned is provided by one of the other service providers, that person.

5

The Scottish Ministers may by order modify the definition of “other service provider” in subsection (1) by—

a

adding a person or a description of persons,

b

removing an entry listed in it, or

c

varying an entry listed in it.

6

A function conferred by this Part on a local authority and the relevant health board is to be exercised by those persons jointly.