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Children (Scotland) Act 1995 is up to date with all changes known to be in force on or before 06 October 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part I Parents, Children and Guardians
Parental responsibilities and parental rights
3. Provisions relating both to parental responsibilities and to parental rights.
4. Acquisition of parental rights and responsibilities by natural father.
4A.Acquisition of parental responsibilities and parental rights by second female parent by agreement with mother
5. Care or control of child by person without parental responsibilities or parental rights.
Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.
Chapter 1 Support for Children and Their Families
Advice and assistance for young persons formerly looked after by local authorities
31. Review of case of child looked after by local authority.
33. Effect of orders etc. made in different parts of the United Kingdom.
34. Registration and inspection of certain residential grant-aided and independent schools etc.
35. Welfare of children in accommodation provided for purposes of school attendance.
36. Welfare of certain children in hospitals and nursing homes etc.
37. Modification of provisions of Children Act 1989 regarding disqualification from registration as child minder etc.
Conduct of proceedings at and in connection with children’s hearing
42. Power of Secretary of State to make rules governing procedure at children’s hearing etc.
43. Privacy of proceedings at and right to attend children’s hearing.
44. Prohibition of publication of proceedings at children’s hearing.
45. Attendance of child and relevant person at children’s hearing.
46. Power to exclude relevant person from children’s hearing.
Chapter 3 Protection and supervision of Children
Measures for the emergency protection of children
58. Directions in relation to contact and exercise of parental responsibilities and parental rights.
59. Initial hearing of case of child subject to child protection order.
60. Duration, recall or variation of child protection order.
61. Emergency protection of children where child protection order not available.
62. Regulations in respect of emergency child protection measures.
Referral to, and disposal of case by, children’s hearing
66. Warrant to keep child where children’s hearing unable to dispose of case.
68. Application to sheriff to establish grounds of referral.
68A.Restrictions on evidence in certain cases involving sexual abuse
69. Continuation or disposal of referral by children’s hearing.
70. Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation.
71. Duties of local authority with respect to supervision requirements.
71A.Enforcement of local authorities' duties under section 71
72. Transfer of child subject to supervision requirement in case of necessity.
74. Further provision as respects children subject to supervision requirements.
75. Powers of Secretary of State with respect to secure accommodation.
Offences in connection with orders etc. for protection of children
New evidence: review of establishment of grounds of referral
Chapter 4 Parental Responsibilities Orders, etc.
Part IV General and Supplemental
99. Registration of births by persons who are themselves children.
101. Panel for curatorsad litem, reporting officers and safeguarders.
101B.Register of curators ad litem for the purposes of section 11D
102. Removal of duty to report on operation of Children Act 1975.
103. Interpretation, rules, regulations and Parliamentary control.
105. Extent, short title, minor and consequential amendments, repeals and commencement.
SCHEDULES
1.The Adoption (Scotland) Act 1978 shall be amended in accordance...
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.Section 8 (direction where adoption society inactive or defunct) shall...
5.In section 9 (regulations relating to an adoption agency’s exercise...
6.In section 11(3) (offence of receiving child illegally placed for...
10.In section 16 (provision for parental agreement to adoption order)—...
11.In section 18 (making and effect of orders freeing for...
15.After section 22 insert— Children subject to supervision requirements. (1) An approved adoption society shall refer the case of...
16.In section 24 (restrictions on making adoption orders), for subsection...
17.In section 25(1) (making of interim order and preconditions for...
18.After section 25 insert— Timetable for resolving question as to...
20.In section 28 (restriction on removal of child from care...
21.Sections 32 to 37 (protected children) shall cease to have...
22.In section 45(5) (restrictions as to persons to whom information...
23.In section 49(1) (adoption of children abroad), for the words...
25.After section 51 insert— Adoption allowances schemes. (1) Subject to subsection (2), an adoption agency which is—...
26.In section 58 (curatorsad litem and reporting officers), in subsection...
27.In section 59(4) (disapplication of provisions regarding rules), for the...
28.In section 60(3) (affirmative procedure for certain orders), the words...
Transitional Provisions And Savings
1.Where, immediately before the day appointed for the coming into...
5.Where the circumstance by virtue of which a resolution under...
6.While a resolution continues to have effect by virtue of...
8.(1) Where relevant proceedings in relation to a child have...
11.In this Schedule— “the 1968 Act” means the Social Work...
Minor and Consequential Amendments
Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)
Law Reform (Miscellaneous Provisions)(Scotland) Act 1966 (c.19)
Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Horses (Protective Headgear for Young Riders) Act 1990 (c. 25)
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
Children (Northern Ireland) Order 1995 (SI 1995/755 (N.I.2))
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