The Children and Young People (Scotland) Act 2014 (Commencement No. 5 and Saving Provision) Order 2014
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 5 and Saving Provision) Order 2014 and comes into force on 9th January 2015.
(2)
In this Order—
“the 2014 Act” means the Children and Young People (Scotland) Act 2014;
Appointed day2.
(1)
9th January 2015 is the day appointed for the coming into force of—
(a)
(b)
section 81(7), (10), (11)(a) and (12) of the 2014 Act.
(2)
26th January 2015 is the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (the subject-matter of which is described in column 2 of the Schedule).
(3)
Where a purpose is specified in column 3 of the Schedule to this Order in relation to any provision specified in column 1 of that Schedule, that provision comes into force on 26th January 2015 for that purpose only.
Saving provision3.
(1)
Where paragraph (2) applies, section 54(c) and (d) of the 2011 Act (termination of order after maximum of 8 working days) continue to have effect on and after 26th January 2015 as they had effect immediately before that date.
(2)
St Andrew’s House,
Edinburgh
SCHEDULE
Column 1 Provisions of the 2014 Act | Column 2 Subject-matter | Column 3 Purpose |
|---|---|---|
Section 82 | Safeguarders: exceptions to duty to prepare report on appointment | |
Section 83 | Maximum period of child protection order | |
Section 84 | Power to determine that deeming of person as relevant person to end | |
Section 85 | Grounds hearing: non-acceptance of facts supporting ground | |
Section 86 | Failure of child to attend grounds hearing: power to make interim order | |
Section 87 | Limit on number of further interim compulsory supervision orders | |
Section 88 | Area support teams: establishment | |
Section 89 | Area support teams: administrative support by local authorities | |
Section 90 | Interpretation of Part 16 | |
Section 98 | Modification of enactments (consequential amendments) | For the purpose of commencing paragraph 3(1) and (2) and paragraph 12(1) to (9) of schedule 5 to the 2014 Act |
Schedule 5, paragraph 3(1) and (2) and paragraph 12(1) to (9) | Consequential amendments |
This Order brings into force section 81(4) and (5) (school closure review panels) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) on 9th January 2015, for the purpose of bringing into force section 17A(5) of, and schedule 2A to, the Schools (Consultation) (Scotland) Act 2010 (so far as not already in force), and section 81(7), (10), (11)(a) and (12) of the 2014 Act.
This Order also brings into force the following provisions of the 2014 Act on 26th January 2015: sections 82, 83, 84, 85, 86, 87, 88, 89 and 90, which make amendments to the Children’s Hearings (Scotland) Act 2011 (asp 1) (“the 2011 Act”); paragraphs 3(1) and (2) and 12(1) to (9) of schedule 5, which make further consequential amendments to the 2011 Act; and section 98 for the purpose of commencing those paragraphs in schedule 5 to the 2014 Act.
Article 3 makes saving provision in relation to the commencement of section 83 of the 2014 Act. It provides that where a child protection order was made before 26th January 2015 but had not, by that date, ceased to have effect, section 54(c) and (d) will continue to have effect as it did before that date.
The Bill for the 2014 Act received Royal Assent on 27th March 2014. Section 102(1) brought Part 18 of the 2014 Act into force on the day after Royal Assent (apart from sections 96, 97 and 98). Section 102(2) brought subsections (2) to (5) of section 47 (duty to secure provision of early learning and childcare) into force on the day after Royal Assent. The provisions of the 2014 Act commenced by earlier commencement orders are detailed below.
Provision | Date of Commencement | S.S.I.No. |
|---|---|---|
Section 46 | 28th June 2014 | |
Section 47(1) and (6) | 1st August 2014 | |
Section 48 | 1st August 2014 | |
Section 49 | 1st August 2014 | |
Section 50 | 1st August 2014 | |
Section 51 | 1st August 2014 | |
Section 52 | 1st August 2014 | |
Section 53 | 1st August 2014 | |
Section 54 | 1st August 2014 | |
Section 55 | 1st August 2014 | |
Section 57 (partially) | 1st August 2014 | |
Section 66 (partially) | 1st August 2014 | |
Section 67(1) (partially) | 1st August 2014 | |
Section 68 (partially) | 1st August 2014 | |
Section 69 | 1st August 2014 | |
Section 70 | 1st August 2014 | |
Section 71 (partially) | 1st August 2014 | |
Section 72 | 1st August 2014 | |
Section 73 (partially) | 1st August 2014 | |
Section 74 | 1st August 2014 | |
Section 76 | 1st August 2014 | |
Section 77 | 1st August 2014 | |
Section 78 | 1st August 2014 | |
Section 79 | 1st August 2014 | |
Section 80 | 1st August 2014 | |
Section 81(1)(a), (b) and (c) and (3)(b) | 1st August 2014 | |
Section 81(4) (partially) | 1st August 2014 | |
Section 81(4) (partially) | 6th October 2014 | |
Section 81(5) (partially) | 1st August 2014 | |
Section 81(8)(b) (partially) | 1st August 2014 | |
Section 81(9) (partially) | 6th October 2014 | |
Section 91 (partially) | 1st August 2014 | |
Section 93(6) (partially) | 1st August 2014 | |
Section 93 (so far as not already commenced) | 5th January 2015 | |
Section 94 | 1st August 2014 | |
Section 96 (partially) | 1st August 2014 | |
Section 97 | 1st August 2014 | |
Section 98 (partially) | 28th June 2014 | |
Section 98 (partially) | 1st August 2014 | |
Section 98 (partially) | 5th January 2015 | |
Schedule 5, paragraph 1 | 1st August 2014 | |
Schedule 5, paragraph 2(1) and (6) | 28th June 2014 | |
Schedule 5, paragraph 2(2) | 1st August 2014 | |
Schedule 5, paragraph 2(3) | 5th January 2015 | |
Schedule 5, paragraph 2(4)(b) (partially) | 1st August 2014 | |
Schedule 5, paragraph 2(4) (so far as not already commenced) | 5th January 2015 | |
Schedule 5, paragraph 2(5)(b) (partially) | 1st August 2014 | |
Schedule 5, paragraph 2(5) (so far as not already commenced) | 5th January 2015 | |
Schedule 5, paragraph 6 | 1st August 2014 | |
Schedule 5, paragraph 7 | 28th June 2014 | |
Schedule 5, paragraph 10 | 1st August 2014 |