Sections 14 and 15: Children’s Rights Scheme
60.Section 14 requires the Scottish Ministers to make a scheme, to be known as the Children’s Rights Scheme (“
61.The arrangements that may be set out in the Scheme are wide ranging and may deal with both strategic and practical matters. Subsection (3) sets out some material that the Scheme must include and the outcomes that are to be achieved, but this list is not exhaustive of what the Scheme may include.
62.Once up and running, the Scheme is to be reviewed on an annual basis with a report on the operation of the Scheme being published following each review (section 16, see paragraphs 69 to 73 below). However, the first Scheme will specify the date by which the first report is due in order to enable the annual reporting cycle to be established. The first Scheme may also contain any specific actions that the Scottish Ministers are to take in respect of matters relating to the Scheme in respect of the period from the first Scheme being made until the first report on its operation is published. This will differ from the core content of the Scheme which will tend to cover ongoing processes or frameworks as opposed to specific actions that are to be taken in the coming year. For example, the Scheme may set out the procedure to be followed when preparing a child rights and wellbeing impact assessment, while the actions may indicate that the Scottish Ministers intend to carry out such an assessment in relation to a particular piece of legislation or strategic decision.
63.Section 15 sets out the procedure that the Scottish Ministers must follow to prepare and make the Scheme and, once it has been made, to amend or replace it. For the purposes of this section, the draft Scheme, the proposed amendment or draft replacement Scheme is referred to as “
64.The procedure may be summarised as comprising the following steps.
Step 1 – preparation
65.The Scottish Ministers must prepare the proposal having regard to the documents listed in subsection (2). They may also have regard to any international law or comparative law and any other document or matter they consider relevant. This will result in a draft of the proposal for publication and consultation.
Step 2 – publication and consultation
66.Once the proposal has been prepared, the Scottish Ministers must publish it and consult the people listed in subsection (3). Following that consultation, subsection (4) confirms that they may make changes to the proposal if they consider it appropriate. This confirms that the proposal may be refined in light of the consultation responses.
Step 3 – laying before Parliament, making and publication
67.Once at least 28 days have passed since the proposal was published under subsection (3), the Scottish Ministers may lay the proposal before the Scottish Parliament, at which point it is likely to be debated by the Parliament. It is only once the proposal has been laid that the Scottish Ministers may make the Scheme.
68.Once the Scheme has been made (or amended or replaced), the Scottish Ministers must publish it in such manner as they consider appropriate.
