Children and Young People (Scotland) Act 2014 (asp 8)

PART 3 Children’s services planning

7 Introductory

(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—

  (a)

  children generally, or

  (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—

  (a)

  the chief constable of the Police Service of Scotland,

  (b)

  the Scottish Fire and Rescue Service,

  (c)

  the Principal Reporter,

  (d)

  the National Convener of Children’s Hearings Scotland,

  (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––

  (a)

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

  (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.