United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 Explanatory Notes

Overview of the Act

Part 2: Duties on Public Authorities

Section 11: Power for Commissioner to bring or intervene in proceedings

56.The Commissioner for Children and Young People in Scotland is an office established by the Commissioner for Children and Young People (Scotland) Act 2003. Being a statutory office, the Commissioner can only do those things that statute empowers the Commissioner to do. Section 11 of the Act amends section 4 of the 2003 Act so that the following are included amongst the things that the Commissioner is empowered to do:

  • bringing proceedings in a court or tribunal on the grounds that a public authority has acted, or proposes to act, unlawfully under section 6(1);

  • intervening in court or tribunal proceedings in which someone else is levelling that charge against a public authority.

Back to top