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Scottish Statutory Instruments

2015 No. 61 (C. 12)

Children And Young Persons

The Children and Young People (Scotland) Act 2014 (Commencement No. 7) Order 2015

Made

17th February 2015

Laid before the Scottish Parliament

19th February 2015

Coming into force

1st April 2015

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 2014(1).

Citation, commencement and interpretation

1.—(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 days

2.—(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

17th February 2015

Article 2(1) and (2)

SCHEDULE

Column 1

Provisions of the 2014 Act

Column 2

Subject matter

Column 3

Purpose

Section 56Corporate parents
Section 57 (so far as not already in force)Application of Part: children and young people
Section 58Corporate parenting responsibilities
Section 59Planning by corporate parents
Section 60Collaborative working among corporate parents
Section 61Reports by corporate parents
Section 62Duty to provide information to Scottish Ministers
Section 63Guidance on corporate parenting
Section 64Directions to corporate parents
Section 65Reports 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 96Assessment of wellbeingFor the purposes of sections 58(1)(a) and (d) and 60(1) of the 2014 Act
Section 98Modification of enactments (consequential amendments)For the purpose of commencing paragraph 8 of schedule 5 to the 2014 Act
Schedule 4Corporate parents
Schedule 5, paragraph 8Consequential 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.

ProvisionDate of CommencementS.S.I. No.
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 57 (partially)1st August 20142014/131
Section 66 (partially)1st August 20142014/131
Section 67(1) (partially)1st August 20142014/131
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) and (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(5) (partially)1st August 20142014/165
Section 81(5) (so far as not already commenced)9th January 20152014/353
Section 81(7)9th January 20152014/353
Section 81(8)(b) (partially)1st August 20142014/165
Section 81(9) (partially)6th October 20142014/251
Section 81(9) (so far as not already commenced)9th January 20152014/365
Section 81 (10)9th January 20152014/353
Section 81 (11)(a)9th January 20152014/353
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 20152014/314
Section 941st August 20142014/131
Section 96 (partially)1st August 20142014/131
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
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 101st August 20142014/131
Schedule 5, paragraph 12(1) to (9)26th January 20152014/353