2015 No. 104 (C. 20)

Children And Young Persons
Education

The Children and Young People (Scotland) Act 2014 (Commencement No. 8 and Saving Provision) Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 102(3) and (4) of the Children and Young People (Scotland) Act 20141.

Citation, commencement and interpretation1

1

This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 8 and Saving Provision) Order 2015 and comes into force on 30th March 2015.

2

In this Order—

  • “the 2014 Act” means the Children and Young People (Scotland) Act 2014;

  • “the 2010 Act” means the Schools (Consultation) (Scotland) Act 20102; and

  • “closure proposal” has the meaning given in section 2(1)(b) of the 2010 Act.

Appointed day2

30th March 2015 is the day appointed for the coming into force of section 81(1)(d), (2), (3)(a), (4), (6), (8) and (11)(b) of the 2014 Act (call-in of closure proposals) (in so far as not already in force).

Saving provision3

Despite article 2, section 81(1)(d), (2), (3)(a) and (4) of the 2014 Act is of no effect in relation to closure proposals called in under section 17 of the 2010 Act before 30th March 2015.

 ALASDAIR ALLAN  Authorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the following provisions of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) on 30th March 2015: section 81(1)(d), (2), (3)(a), (4), (6), (8) and (11)(b) (call-in of closure proposals) (in so far as not already in force).

Article 3 provides that despite the commencement of section 81(1)(d), (2), (3)(a) and (4) of the 2014 Act, it is of no effect in relation to a closure proposal called in by the Scottish Ministers under section 17 of the Schools (Consultation) (Scotland) Act 2010, prior to 30th March 2015.

This therefore means that any decision taken to implement a closure proposal which has been called in by the Scottish Ministers prior to 30th March 2015, but not yet determined by that date, will be determined by the Scottish Ministers under section 16 of the 2010 Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

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 in the table below.

Provisions

Date of Commencement

S.S.I.No.

Section 1

15th June 2015

2015/61

Section 4

15th June 2015

2015/61

Section 46

28th June 2014

2014/131

Section 47(1) and (6)

1st August 2014

2014/131

Section 48

1st August 2014

2014/131

Section 49

1st August 2014

2014/131

Section 50

1st August 2014

2014/131

Section 51

1st August 2014

2014/131

Section 52

1st August 2014

2014/131

Section 53

1st August 2014

2014/131

Section 54

1st August 2014

2014/131

Section 55

1st August 2014

2014/131

Section 56

1st April 2015

2015/61

Section 57 (partially)

1st August 2014

2014/131

Section 57 (so far as not already in force)

1st April 2015

2015/61

Section 58

1st April 2015

2015/61

Section 59

1st April 2015

2015/61

Section 60

1st April 2015

2015/61

Section 61

1st April 2015

2015/61

Section 62

1st April 2015

2015/61

Section 63

1st April 2015

2015/61

Section 64

1st April 2015

2015/61

Section 65

1st April 2015

2015/61

Section 66 (partially)

1st August 2014

2014/131

Section 66 (so far as not already in force)

1st April 2015

2015/61

Section 67(1) (partially)

1st August 2014

2014/131

Section 67(1) (so far as not already in force)

1st April 2015

2015/61

Section 67(2)

1st April 2015

2015/61

Section 68 (partially)

1st August 2014

2014/131

Section 69

1st August 2014

2014/131

Section 70

1st August 2014

2014/131

Section 71 (partially)

1st August 2014

2014/131

Section 72

1st August 2014

2014/131

Section 73 (partially)

1st August 2014

2014/131

Section 74

1st August 2014

2014/131

Section 76

1st August 2014

2014/165

Section 77

1st August 2014

2014/165

Section 78

1st August 2014

2014/165

Section 79

1st August 2014

2014/165

Section 80

1st August 2014

2014/165

Section 81(1)(a), (b) and (c)

1st August 2014

2014/165

Section 81(3)(b)

1st August 2014

2014/165

Section 81(4) (partially)

1st August 2014

2014/165

Section 81(4) (partially)

6th October 2014

2014/251

Section 81(4) (partially)

9th January 2015

2014/353

Section 81(4) (partially)

9th January 2015

2014/365

Section 81(5) (partially)

1st August 2014

2014/165

Section 81(5) (so far as not already in force)

9th January 2015

2014/353

Section 81(7)

9th January 2015

2014/353

Section 81(8)(b) (partially)

1st August 2014

2014/165

Section 81(9) (partially)

6th October 2014

2014/251

Section 81(9) (so far as not already in force)

9th January 2015

2014/365

Section 81(10)

9th January 2015

2014/353

Section 81(11)(a)

9th January 2015

2014/353

Section 81(12)

9th January 2015

2014/353

Section 82

26th January 2015

2015/353

Section 83

26th January 2015

2015/353

Section 84

26th January 2015

2015/353

Section 85

26th January 2015

2015/353

Section 86

26th January 2015

2015/353

Section 87

26th January 2015

2015/353

Section 88

26th January 2015

2015/353

Section 89

26th January 2015

2015/353

Section 90

26th January 2015

2015/353

Section 91 (partially)

1st August 2014

2014/131

Section 93(6) (partially)

1st August 2014

2014/131

Section 93 (so far as not already commenced)

5th January 2014

2014/314

Section 94

1st August 2014

2014/131

Section 96 (partially)

1st August 2014

2014/131

Section 96 (partially)

1st April 2015

2015/61

Section 97

1st August 2014

2014/131

Section 98 (partially)

28th June 2014

2014/131

Section 98 (partially)

1st August 2014

2014/131

Section 98 (partially)

5th January 2015

2014/314

Section 98 (partially)

26th January 2015

2014/353

Section 98 (partially)

1st April 2015

2015/61

Schedule 4

1st April 2015

2015/61

Schedule 5, paragraph 1

1st August 2014

2014/131

Schedule 5, paragraph 2(1) and (6)

28th June 2014

2014/131

Schedule 5, paragraph 2(2)

1st August 2014

2014/131

Schedule 5, paragraph 2(3)

5th January 2015

2014/314

Schedule 5, paragraph 2(4)(b) (partially)

1st August 2014

2014/131

Schedule 5, paragraph 2(4) (so far as not already commenced)

5th January 2015

2014/314

Schedule 5, paragraph 2(5)(b) (partially)

1st August 2014

2014/131

Schedule 5, paragraph 2(5) (so far as not already commenced)

5th January 2015

2014/314

Schedule 5, paragraph 3(1) and (2)

26th January 2015

2015/353

Schedule 5, paragraph 6

1st August 2014

2014/131

Schedule 5, paragraph 7

28th June 2014

2014/131

Schedule 5, paragraph 8

1st April 2015

2015/61

Schedule 5, paragraph 10

1st August 2014

2014/131

Schedule 5, paragraph 12(1) to (9)

26th January 2015

2014/353