Part 1Children’s care system

Chapter 2Support etc. for persons in or with experience of children’s care system: modification of enactments

Provision of accommodation

21Provision of accommodation for care-experienced persons

(1)

The Children (Scotland) Act 1995 is amended as follows.

(2)

In section 25 (provision of accommodation for children, etc.)—

(a)

in subsection (3)—

(i)

for “may” substitute “shall”,

(ii)

for “consider” substitute “determine”,

(b)

after subsection (3) insert—

“(3A)

There is a presumption that, in relation to the determination in subsection (3), the provision of accommodation would safeguard or promote the welfare of a person in relation to whom the duty to provide continuing care under section 26A—

(a)

does not apply as a result of the application of section 26A(5), or

(b)

has ceased as a result of section 26A(7)(b).”.