Explanatory Notes

Children (Care and Justice) (Scotland) Act 2024

2024 asp 5

4 June 2024

Commentary on Provisions

Part 5 – antisocial behaviour orders, named person and child’s plan

Section 32 – named person and child’s plan

141.Section 32 repeals Parts 4 and 5, as well as schedules 2 and 3, of the Children and Young People (Scotland) Act 2014. Part 4 of the 2014 Act would make provision for every child and young person to have a named person. Part 5 would introduce the requirement for a child’s plan when a child’s wellbeing required the support of a targeted intervention. Schedules 2 and 3 relate, respectively, to Parts 4 and 5. These Parts, and those schedules, were not brought into force following the Supreme Court’s judgment in The Christian Institute and others (Appellants) v The Lord Advocate (Respondent)(100) and the withdrawal of the Children and Young People (Information Sharing) (Scotland) Bill.(101)

142.Part 9 of the schedule of the Act contains a number of further repeals which are necessary in consequence of the repeal of Parts 4 and 5 of the 2014 Act.

101

Announced in the Scottish Parliament by the Deputy First Minister, John Swinney MSP, on 19 September 2019.