Search Legislation

Children (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Children (Scotland) Act 1995, Section 23 is up to date with all changes known to be in force on or before 23 September 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This amendment not applied to legislation.gov.uk. These Regulations never came into effect, having been revoked before coming into force by S.I. 2010/1906, reg. 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

23 Children affected by disability.S

(1)Without prejudice to the generality of subsection (1) of section 22 of this Act, services provided by a local authority under that subsection shall be designed—

(a)to minimise the effect on any—

(i)disabled child who is within the authority’s area, of his disability; and

(ii)child who is within that area and is affected adversely by the disability of any other person in his family, of that other person’s disability; and

(b)to give those children the opportunity to lead lives which are as normal as possible.

(2)For the purposes of this Chapter of this Part a person is disabled if he is chronically sick or disabled or [F1has a mental disorder (as defined in section 328(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13))].

(3)Where requested to do so by [F2

(a)] a child’s parent or guardian [F3; or

(b)a mental health officer (as defined in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) who—

(i)has responsibility under that Act or the Criminal Procedure (Scotland) Act 1995 (c. 46) for a child’s case; and

(ii)makes the request for the purposes of either of those Acts,]

a local authority shall, for the purpose of facilitating the discharge of such duties as the authority may have under section 22(1) of this Act (whether or not by virtue of subsection (1) above) as respects the child, carry out an assessment of the child, or of any other person in the child’s family, to determine the needs of the child in so far as attributable to his disability or to that of the other person.

F4[(4)In determining the needs of a child under subsection (3) above, the local authority shall take account—

[F5(a)if an adult carer provides, or intends to provide, care for the child, of the care provided by that carer,

(aa)if a young carer provides, or intends to provide, care for the child, of the care provided by that carer,]

(b)in so far as it is reasonable and practicable to do so, of—

(i)the views of the parent or guardian of the child, and the child; F6...

F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

provided that the parent, guardian, [F7or child] in question has a wish, or as the case may be, a capacity, to express a view.]

[F8(5)In subsection (4)(a) and (aa), the reference to the care provided by a carer means—

(a)in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,

(b)in the case of a young carer who has a young carer statement, the information about that care set out in that statement.

(6)In—

(a)determining the needs of a child under subsection (3),

(b)deciding whether to provide any services under section 22(1), and

(c)deciding how any such services are to be provided,

a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.

(7)In this section—

  • “adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,

  • “young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.]

Textual Amendments

F2Word in s. 23(3) become s. 23(3)(a) (5.10.2005) by virtue of Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 227(2)(a), 333(3); S.S.I. 2005/161, art. 3 (as amended by S.S.I. 2005/375, art. 2)

F4S. 23(4) inserted (1.9.2002) by 2002 asp 5, s. 10; S.S.I. 2002/170, art. 2(4)

F5S. 23(4)(a)(aa) substituted for s. 23(4)(a) (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(6)(a), 45(2); S.S.I. 2017/152, reg. 4

F6S. 23(4)(b)(ii) and word repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(6)(b)(i), 45(2); S.S.I. 2017/152, reg. 4

F7Words in s. 23(4)(b) substituted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(6)(b)(ii), 45(2); S.S.I. 2017/152, reg. 4

Modifications etc. (not altering text)

C1S. 23(3) restricted (temp.) (5.4.2020) by Coronavirus Act 2020 (c. 7), ss. 16(7)(8), 87(2) (with ss. 16(12)(13), 88-90); S.S.I. 2020/121, reg. 2(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources