Children and Young People (Scotland) Act 2014

21 Named person service in relation to children not falling within section 20

(1) A local authority is to make arrangements for the provision of a named person service in relation to each child residing in its area, other than—

(a) a pre-school child, or

(b) a child falling within subsection (2) or (4).

(2) A child falls within this subsection if the child is—

(a) a pupil at a public school which is managed by a different local authority,

(b) a pupil at—

(i) a grant-aided school, or

(ii) an independent school,

(c) kept in secure accommodation, or

(d) in legal custody or subject to temporary release from such custody.

(3) For the purposes of subsection (2)(d), a child is in legal custody—

(a) while confined in or being taken to or from any penal institution in which the child may be lawfully confined,

(b) while working, or for any other reason, outside the penal institution in the custody or under the control of an officer of the institution, a constable or a police custody and security officer,

(c) while being taken to any place to which the child is required or authorised to be taken by virtue of the Prisons (Scotland) Act 1989, or

(d) while kept in custody in pursuance of such a requirement or authorisation.

(4) A child falls within this subsection if the child is a member of any of the regular forces.

(5) During any period when a child falls within subsection (2)(a), the local authority which manages the school concerned is to make arrangements for the provision of a named person service in relation to the child.

(6) During any period when a child falls within subsection (2)(b) or (c), the directing authority of the establishment concerned is to make arrangements for the provision of a named person service in relation to the child.

(7) During any period when a child falls within subsection (2)(d), the Scottish Ministers are to make arrangements for the provision of a named person service in relation to the child.