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The Children and Young People (Scotland) Act 2014 (Commencement No. 9 and Saving Provision) Order 2015
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Scottish Statutory Instruments
2015 No. 317 (C. 38)
Children And Young Persons
The Children and Young People (Scotland) Act 2014 (Commencement No. 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(1).
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)(2) 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
Article 2
SCHEDULE
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the 2014 Act | Subject matter | Purpose |
| Section 8 | Requirement to prepare children’s services plan | So far as is necessary to enable the Scottish Ministers to make orders under section 8(2)(a) of the 2014 Act |
| Section 75 | Scotland’s Adoption Register | So far as is necessary to enable the Scottish Ministers to make regulations under section 13A(2) of the Adoption and Children (Scotland) Act 2007(3) |
| Section 98 | Modification 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 amendments | So 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:
| 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(1)(d) (so far as not already in force) | 30th March 2015 | 2015/104 |
| Section 81(2) (so far as not already in force) | 30th March 2015 | 2015/104 |
| Section 81(3)(a) (so far as not already in force) | 30th March 2015 | 2015/104 |
| 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(4) (so far as not already in force) | 30th March 2015 | 2015/104 |
| 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(6) (so far as not already in force) | 30th March 2015 | 2015/104 |
| Section 81(7) | 9th January 2015 | 2014/353 |
| Section 81(8)(b) (partially) | 1st August 2014 | 2014/165 |
| Section 81(8) (so far as not already in force) | 30th March 2015 | 2015/104 |
| 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(11)(b) (so far as not already in force) | 30th March 2015 | 2015/104 |
| Section 81(12) | 9th January 2015 | 2014/353 |
| Section 82 | 26th January 2015 | 2014/353 |
| Section 83 | 26th January 2015 | 2014/353 |
| Section 84 | 26th January 2015 | 2014/353 |
| Section 85 | 26th January 2015 | 2014/353 |
| Section 86 | 26th January 2015 | 2014/353 |
| Section 87 | 26th January 2015 | 2014/353 |
| Section 88 | 26th January 2015 | 2014/353 |
| Section 89 | 26th January 2015 | 2014/353 |
| Section 90 | 26th January 2015 | 2014/353 |
| 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 | 2014/353 |
| 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 |
(1)
(2)
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).
(3)
2007 asp 4. Section 13A is inserted by section 75 of the 2014 Act.
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