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Education (Scotland) Act 2016

Amendment of section 27: code of practice and directions

103.Paragraph 19 of the schedule to the Act amends section 27 of the 2004 Act to provide that the code of practice published by the Scottish Ministers under section 27 (which code provides guidance as to the exercise by authorities and agencies of the functions conferred on them by virtue of the 2004 Act) may include provision as to:

  • the carrying out of capacity assessments (in terms of new section 3A(3)(a));

  • the consideration of whether something would adversely impact on the wellbeing of the child (in terms of new section 3A(3)(b)); and

  • the assessment of whether there has been a significant change in the circumstances of a child (in terms of new section 8(2A)(a)).

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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.


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