Prospective

Part 2 S Children’s services planning

60 Lead children’s services planning bodies S

(1) The Children and Young People (Scotland) Act 2014 is amended by subsections (2) to (12).

(2) In section 7 (introductory provision for Part 3 (children’s services planning))—

(a) in subsection (1)—

(i) at the appropriate places in alphabetical order insert—

• ““lead children’s services planning bodies” means, in relation to the area of a local authority—

  (a)

  where there is a relevant integration joint board—

  (i)

  the local authority,

  (ii)

  the relevant health board, and

  (iii)

  the relevant integration joint board,

  (b)

  where there is no relevant integration joint board—

  (i)

  the local authority, and

  (ii)

  the relevant health board,”,

• ““relevant integration joint board” means—

  (a)

  if the area of the local authority is the same as that of an integration joint board, that integration joint board,

  (b)

  if the area of the local authority falls within the area of an integration joint board but is not the same as the integration joint board area, the integration joint board area within whose area the area of the local authority falls.”,

(ii) in the definition of “other service provider”, paragraph (f) is repealed,

(b) in subsection (2), after paragraph (b) insert—

“(ba) any relevant integration joint board,”,

(c) in subsection (4), after paragraph (b) insert—

“(ba) each integration joint board,”,

(d) in subsection (6), for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to the area of a local authority”.

(3) In section 8 (requirement to prepare children’s services plan), in subsection (1)—

(a) for “A local authority and the relevant health board” substitute “The lead children’s services planning bodies in relation to the area of a local authority”,

(b) the words “of the local authority” are repealed.

(4) In section 10 (children’s services plan: process)—

(a) in subsection (1)—

(i) in the opening words, for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to the area of a local authority”,

(ii) in paragraph (b)(ii), the words “of the local authority” are repealed,

(b) in subsection (2)—

(i) in paragraph (a), the words “of the local authority” are repealed,

(ii) in paragraph (b), after “the relevant health board,” insert “any relevant integration joint board,”,

(c) in subsection (6), for “local authority and the relevant health board” substitute “lead children’s services planning bodies in relation to the area”,

(d) in subsection (7)—

(i) in the opening words, for “local authority and the relevant health board” substitute “lead children’s services planning bodies in relation to the area”,

(ii) in paragraph (b), for “local authority and the relevant health board” substitute “bodies”.

(5) In section 11 (children’s services plan: review), in subsection (1)—

(a) in the opening words, for “A local authority and the relevant health board” substitute “The lead children’s services planning bodies in relation to the area of a local authority”,

(b) in paragraph (a), the words “of the local authority” are repealed.

(6) In section 12 (implementation of children’s services plan), in subsection (2), after paragraph (b) insert—

“(ba) any relevant integration joint board,”.

(7) In section 13 (reporting on children’s services plan), in subsection (1)—

(a) in the opening words, for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to the area of a local authority”,

(b) in paragraph (a), the words “of the local authority” are repealed.

(8) In section 14 (assistance in relation to children’s services planning), in subsection (1), for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to the area of a local authority”.

(9) In section 15 (guidance in relation to children’s services planning), in subsection (2), for paragraph (a) substitute—

“(a) the lead children’s services planning bodies in relation to a local authority area,”.

(10) In section 16 (directions in relation to children’s services planning), in subsection (2), for paragraph (a) substitute—

“(a) the lead children’s services planning bodies in relation to a local authority area,”.

(11) In section 17 (children’s services planning: default powers of Scottish Ministers)—

(a) in subsection (1), in the opening words, for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to a local authority area”,

(b) in subsection (3)—

(i) after paragraph (b) insert—

“(ba) any relevant integration joint board,”,

(ii) in paragraph (c), for “or health board” substitute “, health board or integration joint board”,

(c) in subsection (5), in paragraph (a), for “local authority and relevant health board” substitute “lead children’s services planning bodies”.

(12) In section 18 (interpretation of Part 3), at the appropriate place in alphabetical order insert—

• ““integration joint board” means an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,”.

(13) The Public Services Reform (Scotland) Act 2010 is amended by subsection (14).

(14) In section 59A (further provision in relation to registration of certain care services)—

(a) in subsection (2)(b), for the words from “the persons” to the end substitute “the lead children’s services planning bodies in relation to each local authority area in which the service is to be provided.”,

(b) subsection (3) is repealed,

(c) after subsection (4), insert—

“(5) In subsection (2)(b), “lead children’s services planning bodies”, in relation to a local authority area, has the meaning given by section 7(1) of the Children and Young People (Scotland) Act 2014.”.

Commencement Information

I1 S. 60 not in force at Royal Assent, see s. 70(2)

61 Aims of children’s services planning S

(1) The Children and Young People (Scotland) Act 2014 is amended as follows.

(2) In section 9 (aims of children's services plan)—

(a) in subsection (2), in paragraph (a)—

(i) the “and” immediately preceding sub-paragraph (iv) is repealed,

(ii) after sub-paragraph (iv) insert—

“(v) supports the delivery of the recommendations set out in the report published on 5 February 2020 on behalf of the Independent Care Review established by the Scottish Ministers in October 2016 (“the Promise”).

(vi) supports the delivery of local priorities and of such national outcomes, priorities and activities as the Scottish Ministers may by regulations prescribe, and

(vii) promotes such outcomes in relation to the wellbeing of children in the area as the Scottish Ministers may by regulations prescribe.”,

(b) after subsection (2) insert—

“(3) Before making regulations under—

(a) subsection (2)(a)(vi), the Scottish Ministers must consult—

(i) lead children’s services planning bodies,

(ii) such other persons as they consider appropriate,

(b) subsection (2)(a)(vii), the Scottish Ministers must consult—

(i) lead children’s services planning bodies for the area,

(ii) such other persons as they consider appropriate.”.

(3) In section 13 (reporting on children’s services plan), in subsection (1), paragraph (b), sub-paragraph (ii) is repealed.

Commencement Information

I2 S. 61 not in force at Royal Assent, see s. 70(2)

62 Children’s services plans: process and review S

(1) The Children and Young People (Scotland) Act 2014 is amended as follows.

(2) In section 10 (children’s services plan: process), after subsection (8) insert—

“(9) Where the Scottish Ministers or any of the other service providers have published a notice and statement under subsection (8), they must send a copy of the notice and statement to the lead children’s services planning bodies in relation to the area.

(10) Where the lead children’s services planning bodies receive a notice and statement under subsection (9), they must prepare and publish (in such manner as they consider appropriate) a response to the notice and statement.”.

(3) In section 11 (children’s services plan: review), after subsection (1) insert—

“(1A) Where a response is published under section 10(10) the lead children’s services planning bodies may in consequence prepare a revised children's services plan.”.

Commencement Information

I3 S. 62 not in force at Royal Assent, see s. 70(2)

63 Reporting on children’s services plans S

(1) The Children and Young People (Scotland) Act 2014 is amended as follows.

(2) In section 13 (reporting on children’s services plan)—

(a) after subsection (1) insert—

“(1A) The Scottish Ministers may by regulations prescribe other matters to be included in the report.”,

(b) after subsection (2) insert—

“(3) Before making regulations under subsection (1A), the Scottish Ministers must consult—

(a) lead children’s services planning bodies,

(b) such other persons as they consider appropriate.”.

Commencement Information

I4 S. 63 not in force at Royal Assent, see s. 70(2)