The Children and Young People (Scotland) Act 2014 (Commencement No. 12 and Saving Provision) Order 2016

Made6th September 2016

Laid before the Scottish Parliament8th September 2016

Coming into force7th October 2016

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 and commencement1

This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 12 and Saving Provision) Order 2016 and comes into force on 7th October 2016.

Interpretation2

In this Order—

“the 2003 Act” means the Commissioner for Children and Young People (Scotland) Act 20032; and
“the 2014 Act” means the Children and Young People (Scotland) Act 2014.

Days appointed3

1

7th October 2016 is the day appointed for the coming into force of the following provisions of the 2014 Act—

a

section 7 and sections 9 to 18; and

b

so far as not already in force, section 8.

2

28th November 2016 is the day appointed for the coming into force of the following provisions of the 2014 Act—

a

section 92; and

b

paragraph 3(3) of schedule 5.

3

1st April 2017 is the day appointed for the coming into force of the following provisions of the 2014 Act—

a

sections 2 and 3;

b

schedule 1; and

c

paragraphs 4(2), 4(3), 5(3), 9, 11(2), 11(3) and 11(4) of schedule 5.

4

7th August 2017 is the day appointed for the coming into force of sections 5 and 6 of the 2014 Act.

Saving provision4

Despite article 3(4) appointing 7th August 2017 as the day on which section 5 (investigations) of the 2014 Act comes into force, the 2003 Act continues to have effect on and after that date as it had effect immediately before that date in relation to any investigation under section 7 of the 2003 Act which—

a

has commenced prior to that date; and

b

has not concluded by that date.

MARK McDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh6th September 2016

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”).

The Order commences all of the sections in Parts 1 (rights of children), 2 (commissioner for children and young people in Scotland) and 3 (children’s services planning) of the 2014 Act, so far as not already in force. It also commences section 92 (power of Scottish Ministers to modify circumstances in which children’s legal aid to be made available).

Article 3(1) appoints 7th October 2016 as the day for the coming into force of sections 7 and 9 to 18 and, so far as not already in force, section 8 of the 2014 Act. Section 8 was partially commenced by an earlier commencement order for the purpose of enabling the Scottish Ministers to make orders under that section. These provisions all relate to children’s services planning.

Article 3(2) appoints 28th November 2016 as the day for the coming into force of section 92 and paragraph 3(3) of schedule 5 of the 2014 Act. These provisions amend the Legal Aid (Scotland) Act 1986.

Article 3(3) appoints 1st April 2017 as the day for the coming into force of sections 2 and 3 and schedule 1 of the 2014 Act. These provisions relate to the rights of children. In addition, article 3(3) appoints 1st April 2017 as the day for the coming into force of paragraphs 4(2) and (3), 5(3), 9 and 11(2) to (4) of schedule 5 of the 2014 Act. These provisions all relate to children’s services planning.

Article 3(4) appoints 7th August 2017 as the day for the coming into force of sections 5 and 6 of the 2014 Act. These provisions relate to the Commissioner for Children and Young People in Scotland.

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.

The Children and Young People (Scotland) Act 2014 (Commencement No. 11) Order 2016 (S.S.I. 2016/60) was partially revoked by the Children and Young People (Scotland) Act 2014 (Commencement No. 11) Partial Revocation Order 2016 (S.S.I. 2016/233). The table below reflects this revocation.

Provision	Date of Commencement	S.S.I.No.
Section 1	15th June 2015	2015/61
Section 4	15th June 2015	2015/61
Section 8 (partially)	30th September 2015	2015/317
Section 19 (partially)	5th January 2016	2015/406
Section 30 (partially)	5th January 2016	2015/406
Section 31 (partially)	5th January 2016	2015/406
Section 33 (partially)	5th January 2016	2015/406
Section 34 (partially)	5th January 2016	2015/406
Section 35 (partially)	5th January 2016	2015/406
Section 37 (partially)	5th January 2016	2015/406
Section 39 (partially)	5th January 2016	2015/406
Section 43 (partially)	5th January 2016	2015/406
Section 44 (partially)	5th January 2016	2015/406
Section 45 (partially)	5th January 2016	2015/406
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 68 (so far as no already in force)	31st August 2016	2016/60
Section 69	1st August 2014	2014/131
Section 70	1st August 2014	2014/131
Section 71 (partially)	1st August 2014	2014/131
Section 71 (so far as not already in force)	1st April 2016	2015/406
Section 72	1st August 2014	2014/131
Section 73 (partially)	1st August 2014	2014/131
Section 73 (so far as not already in force)	1st April 2016	2015/406
Section 74	1st August 2014	2014/131
Section 75 (partially)	30th September 2015	2015/317
Section 75 (so far as not already in force)	1st April 2016	2015/406
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) (so far as not already in force)	30th March 2015	2015/104
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(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 91 (so far as not already in force)	1st February 2016	2015/406
Section 93(6) (partially)	1st August 2014	2014/131
Section 93 (so far as not already in force)	5th January 2014	2014/314
Section 94	1st August 2014	2014/131
Section 95	31st August 2016	2016/60
Section 96 (partially)	1st August 2014	2014/131
Section 96 (partially)	1st April 2015	2015/61
Section 96 (so far as not already in force)	5th January 2016	2015/406
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
Section 98 (partially)	30th September 2015	2015/317
Section 98 (partially)	1st April 2016	2015/406
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 in force)	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 in force)	5th January 2015	2014/314
Schedule 5, paragraph 3(1) and (2)	26th January 2015	2014/353
Schedule 5, paragraph 4(1) and (4)	30th September 2015	2015/317
Schedule 5, paragraph 5(1) and (2)	30th September 2015	2015/317
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 11(1), (5) and (6) (partially)	30th September 2015	2015/317
Schedule 5, paragraph 11(1), (5) and (6) (so far as not already in force)	1st April 2016	2015/406
Schedule 5, paragraph 12(1) to (9)	26th January 2015	2014/353
Schedule 5, paragraph 12(10)	30th September 2015	2015/317