http://www.legislation.gov.uk/ssi/2015/317/madeThe Children and Young People (Scotland) Act 2014 (Commencement No. 9 and Saving Provision) Order 2015enKing's Printer for Scotland2016-03-09CHILDREN AND YOUNG PERSONS This Order brings into force provisions of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”). 2015 No. 317 (C. 38) Children And Young Persons The Children and Young People (Scotland) Act 2014 (Commencement <Abbreviation Expansion="Number">No.</Abbreviation> 9 and Saving Provision) Order 2015 Made 1st September 2015 Laid before the Scottish Parliament 3rd September 2015 Coming into force 30th September 2015 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 2014. Citation, commencement and interpretation 1 1 This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 9 and Saving Provision) Order 2015 and comes into force on 30th September 2015. 2 In this Order, “the 2014 Act” means the Children and Young People (Scotland) Act 2014. Appointed day 2 1 30th September 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). 2 Where a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1 of the Schedule, that provision comes into force on 30th September 2015 for that purpose only. Saving provision 3 Despite article 2 appointing 30th September 2015 as the day on which paragraph 4(4) of schedule 5 to the 2014 Act (modification of the 1995 Act) comes into force, section 44 of the 1995 Act (prohibition of publication of proceedings at children’s hearing) continues to have effect on and after that date as it had effect immediately before that date in relation to any proceedings or appeal mentioned in subsection (1) of that section which— a have or has concluded as at that date; or b are or is continuing on that date. AILEEN CAMPBELL Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
1st September 2015 SCHEDULE Article 2
Column 1Column 2Column 3
Provisions of the 2014 ActSubject matterPurpose
Section 8Requirement to prepare children’s services planSo far as is necessary to enable the Scottish Ministers to make orders under section 8(2)(a) of the 2014 Act
Section 75Scotland’s Adoption RegisterSo far as is necessary to enable the Scottish Ministers to make regulations under section 13A(2) of the Adoption and Children (Scotland) Act 2007
Section 98Modification of enactments (consequential amendments)For the purpose of commencing paragraphs 4(1) and (4), 5(1) and (2), 11(1), (5) and (6) and 12(10) of schedule 5 to the 2014 Act
Schedule 5, paragraph 4(1) and (4)Consequential amendments
Schedule 5, paragraph 5(1) and (2)Consequential amendments
Schedule 5, paragraphs 11(1), (5) and (6)Consequential amendmentsSo far as is necessary to enable the Scottish Ministers to make regulations under section 13A(2) of the Adoption and Children (Scotland) Act 2007
Schedule 5, paragraph 12(10)Consequential amendments
EXPLANATORY NOTE (This note is not part of the Order)

This Order brings into force provisions of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”).

It partially commences section 8 of the 2014 Act on 30th September 2015 for the limited purpose of enabling Scottish Ministers to make orders in accordance with the powers contained in that provision (article 2 and the Schedule). This section relates to powers in Part 3 of the 2014 Act (children’s services planning).

Section 75 of the 2014 Act (Scotland’s Adoption Register) and paragraphs 11(1), (5) and (6) of schedule 5 to the 2014 Act are partially commenced by this Order on 30th September 2015 so far as necessary to enable Scottish Ministers to make regulations under section 13A(2) of the Adoption Children (Scotland) Act 2007.

This Order also partially commences section 98 of the 2014 Act (modification of enactments) for the purpose of commencing paragraphs 4(1) and (4), 5(1) and (2), and 12(10) of schedule 5 to the 2014 Act on 30th September 2015.

Article 3 makes saving provision so that, despite this Order commencing paragraph 4(4) of schedule 5 to the 2014 Act on 30th September 2015, section 44 of the Children (Scotland) Act 1995 (prohibition of publication of proceedings at children’s hearing) continues to have the same effect on and after that date as it had immediately before that date in relation to any proceedings or appeals mentioned in section 44(1) which have concluded, or are continuing, on that date.

 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:
ProvisionsDate of CommencementS.S.I. No.
Section 115th June 20152015/61
Section 415th June 20152015/61
Section 4628th June 20142014/131
Section 47(1) and (6)1st August 20142014/131
Section 481st August 20142014/131
Section 491st August 20142014/131
Section 501st August 20142014/131
Section 511st August 20142014/131
Section 521st August 20142014/131
Section 531st August 20142014/131
Section 541st August 20142014/131
Section 551st August 20142014/131
Section 561st April 20152015/61
Section 57 (partially)1st August 20142014/131
Section 57 (so far as not already in force)1st April 20152015/61
Section 581st April 20152015/61
Section 591st April 20152015/61
Section 601st April 20152015/61
Section 611st April 20152015/61
Section 621st April 20152015/61
Section 631st April 20152015/61
Section 641st April 20152015/61
Section 651st April 20152015/61
Section 66 (partially)1st August 20142014/131
Section 66 (so far as not already in force)1st April 20152015/61
Section 67(1) (partially)1st August 20142014/131
Section 67(1) (so far as not already in force)1st April 20152015/61
Section 67(2)1st April 20152015/61
Section 68 (partially)1st August 20142014/131
Section 691st August 20142014/131
Section 701st August 20142014/131
Section 71 (partially)1st August 20142014/131
Section 721st August 20142014/131
Section 73 (partially)1st August 20142014/131
Section 741st August 20142014/131
Section 761st August 20142014/165
Section 771st August 20142014/165
Section 781st August 20142014/165
Section 791st August 20142014/165
Section 801st August 20142014/165
Section 81(1)(a), (b) and (c)1st August 20142014/165
Section 81(1)(d) (so far as not already in force)30th March 20152015/104
Section 81(2) (so far as not already in force)30th March 20152015/104
Section 81(3)(a) (so far as not already in force)30th March 20152015/104
Section 81(3)(b)1st August 20142014/165
Section 81(4) (partially)1st August 20142014/165
Section 81(4) (partially)6th October 20142014/251
Section 81(4) (partially)9th January 20152014/353
Section 81(4) (partially)9th January 20152014/365
Section 81(4) (so far as not already in force)30th March 20152015/104
Section 81(5) (partially)1st August 20142014/165
Section 81(5) (so far as not already in force)9th January 20152014/353
Section 81(6) (so far as not already in force)30th March 20152015/104
Section 81(7)9th January 20152014/353
Section 81(8)(b) (partially)1st August 20142014/165
Section 81(8) (so far as not already in force)30th March 20152015/104
Section 81(9) (partially)6th October 20142014/251
Section 81(9) (so far as not already in force)9th January 20152014/365
Section 81(10)9th January 20152014/353
Section 81(11)(a)9th January 20152014/353
Section 81(11)(b) (so far as not already in force)30th March 20152015/104
Section 81(12)9th January 20152014/353
Section 8226th January 20152014/353
Section 8326th January 20152014/353
Section 8426th January 20152014/353
Section 8526th January 20152014/353
Section 8626th January 20152014/353
Section 8726th January 20152014/353
Section 8826th January 20152014/353
Section 8926th January 20152014/353
Section 9026th January 20152014/353
Section 91 (partially)1st August 20142014/131
Section 93(6) (partially)1st August 20142014/131
Section 93 (so far as not already commenced)5th January 20142014/314
Section 941st August 20142014/131
Section 96 (partially)1st August 20142014/131
Section 96 (partially)1st April 20152015/61
Section 971st August 20142014/131
Section 98 (partially)28th June 20142014/131
Section 98 (partially)1st August 20142014/131
Section 98 (partially)5th January 20152014/314
Section 98 (partially)26th January 20152014/353
Section 98 (partially)1st April 20152015/61
Schedule 41st April 20152015/61
Schedule 5, paragraph 11st August 20142014/131
Schedule 5, paragraph 2(1) and (6)28th June 20142014/131
Schedule 5, paragraph 2(2)1st August 20142014/131
Schedule 5, paragraph 2(3)5th January 20152014/314
Schedule 5, paragraph 2(4)(b) (partially)1st August 20142014/131
Schedule 5, paragraph 2(4) (so far as not already commenced)5th January 20152014/314
Schedule 5, paragraph 2(5)(b) (partially)1st August 20142014/131
Schedule 5, paragraph 2(5) (so far as not already commenced)5th January 20152014/314
Schedule 5, paragraph 3(1) and (2)26th January 20152014/353
Schedule 5, paragraph 61st August 20142014/131
Schedule 5, paragraph 728th June 20142014/131
Schedule 5, paragraph 81st April 20152015/61
Schedule 5, paragraph 101st August 20142014/131
Schedule 5, paragraph 12(1) to (9)26th January 20152014/353

2014 asp 8. Section 97(1) of the 2014 Act defines “the 1995 Act” as meaning the Children (Scotland) Act (c.36). Section 44 is amended by the Criminal Justice (Scotland) Act 2003 (asp 7), section 52(a); the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 9(5); and the 2014 Act, schedule 5, paragraph 4(4). 2007 asp 4. Section 13A is inserted by section 75 of the 2014 Act.