2015 No. 61 (C. 12)
Children And Young Persons

The Children and Young People (Scotland) Act 2014 (Commencement No. 7) 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) 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. 7) Order 2015 and comes into force on 1st April 2015.

(2)

In this Order “the 2014 Act” means the Children and Young People (Scotland) Act 2014.

Appointed days2.

(1)

1st April 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 to this Order in relation to any provision specified in column 1 of that Schedule, that provision comes into force on 1st April 2015 for that purpose only.

(3)

15th June 2015 is the day appointed for the coming into force of sections 1 (duties of Scottish Ministers in relation to the rights of children) and 4 (interpretation of Part 1) of the 2014 Act.

FIONA McLEOD
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE

Article 2(1) and (2)

Column 1

Provisions of the 2014 Act

Column 2

Subject matter

Column 3

Purpose

Section 56

Corporate parents

Section 57 (so far as not already in force)

Application of Part: children and young people

Section 58

Corporate parenting responsibilities

Section 59

Planning by corporate parents

Section 60

Collaborative working among corporate parents

Section 61

Reports by corporate parents

Section 62

Duty to provide information to Scottish Ministers

Section 63

Guidance on corporate parenting

Section 64

Directions to corporate parents

Section 65

Reports by Scottish Ministers

Section 66 (so far as not already in force)

Provision of aftercare to young people

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

Continuing care: looked after children

Section 67(2)

Continuing care: looked after children

Section 96

Assessment of wellbeing

For the purposes of sections 58(1)(a) and (d) and 60(1) of the 2014 Act

Section 98

Modification of enactments (consequential amendments)

For the purpose of commencing paragraph 8 of schedule 5 to the 2014 Act

Schedule 4

Corporate parents

Schedule 5, paragraph 8

Consequential amendments

EXPLANATORY NOTE
(This note is not part of the Order)

This Order brings into force Parts 9 (corporate parenting), 10 (aftercare) and 11 (continuing care) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) on 1st April 2015 (article 2 and the Schedule). This covers sections 56 to 67 of the 2014 Act and schedule 4 to that Act (which relates to corporate parenting). Sections 57, 66 and 67(1) of the 2014 Act, which were commenced partially on 1st August 2014 for the limited purposes of enabling Scottish Ministers to make secondary legislation, are commenced by this Order on 1st April 2015 in so far as they are not already in force. Sections 96 (assessment of wellbeing) and 98 (modification of enactments) of the 2014 Act are commenced partially for limited purposes on 1st April 2015 (section 98 only for the purpose of commencing paragraph 8 of schedule 5 to the 2014 Act).

This Order also brings into force sections 1 and 4 of the 2014 Act on 15th June 2015 (article 2(3)). Section 1 places duties on Scottish Ministers in relation to the rights of children and section 4 is a related interpretation provision.

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 below.

Provision

Date of Commencement

S.S.I. No.

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 57 (partially)

1st August 2014

2014/131

Section 66 (partially)

1st August 2014

2014/131

Section 67(1) (partially)

1st August 2014

2014/131

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) and (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 commenced)

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 commenced)

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

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 2015

2014/314

Section 94

1st August 2014

2014/131

Section 96 (partially)

1st August 2014

2014/131

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

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 10

1st August 2014

2014/131

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

26th January 2015

2014/353