Children and Young People (Scotland) Act 2014

37 Responsible authority: special cases

(1) Where in pursuance of a decision of a local authority or health board a pre-school child resides in the area of a health board which is different to that in which the child would otherwise reside, the health board for the area in which the child would otherwise reside is the responsible authority in relation to the child.

(2) Where the child is a pupil at a public school which is managed by a local authority other than the one for the area in which the child resides, that other authority is the responsible authority in relation to the child.

(3) Where the child is a pupil at a grant-aided school or an independent school, the directing authority of that school is the responsible authority in relation to the child.

(4) Subsection (3) does not apply where the child is such a pupil by virtue of a placement by a local authority.

(5) Where—

(a) the child falls within subsection (6), and

(b) in consequence the child resides in the area of a local authority which is different to that in which the child would otherwise reside,

the local authority for the area in which the child would otherwise reside is the responsible authority in relation to the child.

(6) A child falls within this subsection if—

(a) in pursuance of the duties of a local authority under the 1980 Act the child—

(i) is a pupil at a grant-aided school or an independent school, and

(ii) resides in accommodation provided for the purpose of attending that school by its managers,

(b) by virtue of Chapter 1 of Part 2 of the 1995 Act, the child is placed in a residential establishment (within the meaning of section 93 of that Act),

(c) by virtue of an order under the Children’s Hearing (Scotland) Act 2011, the child resides at a residential establishment (within the meaning of section 202 of that Act), or

(d) in pursuance of an order under the Criminal Procedure (Scotland) Act 1995, the child is detained in residential accommodation provided under Part 2 of the 1995 Act.

(7) The Scottish Ministers may by order modify this section so as to make further or different provision as to circumstances in which section 36(1) does not apply in relation to a child.