Search Legislation

Children (Care and Justice) (Scotland) Act 2024

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 28

 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:

Children (Care and Justice) (Scotland) Act 2024, Section 28 is up to date with all changes known to be in force on or before 18 July 2024. There are changes that may be brought into force at a future date. Changes that have been made 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 the whole Act associated Parts and Chapters:

Prospective

28Regulation of care services providing residential accommodation to childrenS

(1)The 2010 Act is amended as follows.

(2)In section 50 (standards and outcomes)—

(a)after subsection (1) insert—

(1A)The Scottish Ministers may also prepare and publish specific standards and outcomes applicable to the care services mentioned in subsection (1B) in so far as they consist of, or include, providing residential accommodation to children in accordance with arrangements made for cross-border placements.

(1B)Those care services are—

(a)care home services which are provided wholly or mainly to children,

(b)school care accommodation services,

(c)secure accommodation services.,

(b)in subsection (2), after “subsection (1)” insert “or (1A)”,

(c)in subsection (3), after “subsection (1)” insert “or (1A)”,

(d)in subsection (4), for “subsection (1)” substitute “subsections (1) and (1A)”,

(e)in subsection (5), for “subsection (1)” substitute “subsections (1) and (1A)”,

(f)at the end of subsection (7) insert “or (1A).”.

(3)After section 59 insert—

59AFurther provision in relation to registration of certain care services

(1)This section applies to an application made under section 59(1) for registration of any of the following care services—

(a)a care home service which is to be provided wholly or mainly to children,

(b)a school care accommodation service,

(c)a secure accommodation service.

(2)In addition to giving the information mentioned in section 59(2), the application must—

(a)give such information as may be prescribed about matters relating to cross-border placements,

(b)confirm that notice of the application has been given in the prescribed form to the persons mentioned in subsection (3), who are responsible for preparing a children’s services plan in accordance with Part 3 of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”).

(3)Those persons are—

(a)the local authority for each area in which the service is to be provided, and

(b)the relevant health board (as defined by section 7(1) of the 2014 Act) for each such area.

(4)If an application does not include the confirmation required by subsection (2)(b), SCSWIS may not consider the application until such confirmation is given..

(4)In section 78 (regulations: care services), after subsection (2) insert—

(2A)Regulations under subsection (2) may, in particular, impose specific requirements on any of the care services mentioned in subsection (2B) in so far as they consist of, or include, providing residential accommodation to children in accordance with arrangements made for cross-border placements.

(2B)Those care services are—

(a)care home services which are provided wholly or mainly to children,

(b)school care accommodation services,

(c)secure accommodation services..

(5)In section 105 (interpretation of Part 5), in subsection (1)—

(a)in paragraph (c) of the definition of “child”, after “purposes of” insert “sections 50(1A) and (1B), 59A and 78(2A) and (2B) and”,

(b)after the definition of “condition notice” insert—

  • cross-border placement” means the placement of a child in a residential establishment in Scotland where—

    (a)

    the child was, immediately before the placement, resident in England, Wales or Northern Ireland, and

    (b)

    the placement is authorised under the law in England and Wales or, as the case may be, in Northern Ireland by virtue of—

    (i)

    an order made by a court in England and Wales or in Northern Ireland,

    (ii)

    any provision made by or under an Act of Parliament, an Act of Senedd Cymru, or Northern Ireland legislation (as defined by section 98(1) of the Northern Ireland Act 1998), whenever passed or made;,

(c)after the definition of “relative” insert—

  • residential establishment” means an establishment (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995, the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011;.

Commencement Information

I1S. 28 not in force at Royal Assent, see s. 38(3)

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

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