Section 16: Reviewing and reporting on the Scheme
69.Section 16 provides that the Scottish Ministers must review and report on the operation of the Scheme on an annual basis.
70.Each report is required to summarise the actions that the Scottish Ministers have taken to ensure that they have complied with the duty under section 6(1) (whether or not that action is done under arrangements set out in the Scheme) and to secure better or further effect of the rights of children. The report must also include a statement as to whether the Scottish Ministers will be amending or replacing the Scheme and any other specific actions that they might be taking in the coming year. The report may also include other matters that relate to the rights or wellbeing of children. For example, this may include action that the Scottish Ministers are taking in respect of any aspect of the UNCRC which has not been incorporated under the Act, so far as that action can be taken within devolved competence.
71.Subsection (2) lists things that, if they occur in the reporting period, must be taken into account during the review as these are significant events that are likely to require either changes to be made to the Scheme or specific actions to be taken in the coming year. The Scottish Ministers may also take into account international law and comparative law and any other document or matter they consider relevant in reviewing and reporting on the Scheme.
72.In deciding what actions for the coming year are to be included in the report, the Scottish Ministers must consult the people listed in subsection (5), that is: children, the Commissioner for Children and Young People, the Scottish Commission for Human Rights and anyone else that the Scottish Ministers consider appropriate. This latter element will allow for a wide range of civil society to contribute to the discussion.
73.Reports under the section are to be published and laid before the Scottish Parliament. The Scottish Ministers must also prepare and publish a version of the report for children.
