Search Legislation

Children (Scotland) Act 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 10

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children (Scotland) Act 2020. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 10:

Prospective

10Regulation of provision of contact servicesS

This section has no associated Explanatory Notes

(1)The Children (Scotland) Act 1995 is modified as follows.

(2)In section 11 (court orders relating to parental responsibilities etc.)—

(a)in subsection (2)(d), at end insert “ (see subsection (14)) ”,

(b)after subsection (13) insert—

(14)Where the court makes a contact order which requires any contact to take place within Scotland at a contact centre, the court may only require that contact to take place through a regulated contact service as defined in section 101C..

(3)After section 101B (which is inserted by section 17(3) of this Act) insert—

101CContact services: regulation

(1)The Scottish Ministers may by regulations make provision about the regulation of a contact service provided in relation to the requirements of a contact order.

(2)Regulations under subsection (1) may in particular—

(a)make provision for the minimum standards to be met by contact service providers, including qualifications and training of staff,

(b)make provision for the registration of contact service providers that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights),

(c)make provision for minimum standards to be met by contact centres (including standards in respect of accommodation),

(d)make provision for the registration of contact centres that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights),

(e)make provision about the conditions on which a regulated contact service provider may, in accordance with the regulations, provide a contact service at a place that is not registered as a contact centre (including conditions about the minimum standards for accommodation at a place if it is to be used for that purpose),

(f)appoint a person or persons for the purposes of administering the registration of contact service providers and contact centres,

(g)confer functions on the appointed person or persons,

(h)determine the fees payable in connection with the registration of a contact service provider or contact centre.

(3)Functions conferred by virtue of subsection (2)(g) may include—

(a)inspecting contact centres, regulated contact service providers and contact service providers applying for registration,

(b)having risk assessments of contact centres undertaken by persons trained in undertaking such assessments,

(c)issuing reports on the inspection of contact centres, regulated contact service providers and contact service providers applying for registration,

(d)issuing reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people,

(e)refusing to register contact service providers and contact centres, and removing from a register regulated contact service providers and contact centres, that do not meet the minimum standards.

(4)Regulations under subsection (1)—

(a)may make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for giving full effect to the regulations,

(b)are subject to the affirmative procedure.

(5)In this section—

  • contact centre” means a place that is used for the provision of a contact service,

  • contact service” means the facilitation of contact between a child and a person with whom the child is not, or will not be, living (including the handover of the child to that person),

  • enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,

  • regulated contact service” means a contact service that—

    (a)

    is provided by a regulated contact service provider, and

    (b)

    is either—

    (i)

    provided at a place that is registered as a contact centre in accordance with regulations under subsection (1), or

    (ii)

    provided in circumstances in which the provider may, in accordance with regulations under subsection (1), provide the service at a place that is not registered as a contact centre,

  • regulated contact service provider” means an organisation that is registered in accordance with regulations under subsection (1) to provide contact services..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources