Part 5 – antisocial behaviour orders, named person and child’s plan
Section 31 – antisocial behaviour orders relating to children
139.Section 31 amends section 18 of the Antisocial Behaviour etc. (Scotland) Act 2004 so that, except in one respect, “child” in that Act will mean a person under 18.
140.The exception is in the case of parenting orders, which currently can be made by the sheriff under section 13 of the 2004 Act only in respect of children under 16. That exception will remain and this is achieved by the amendment of section 13 contained in subsection (2) of section 31.
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.
Announced in the Scottish Parliament by the Deputy First Minister, John Swinney MSP, on 19 September 2019.
