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Children (Scotland) Act 1995
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Changes to legislation:
Children (Scotland) Act 1995, Section 6 is up to date with all changes known to be in force on or before 18 January 2026. 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.
Changes to Legislation
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Changes and effects yet to be applied to Section 6:
- s. 3(3A)(ba) inserted by 2009 c. 24 Sch. 6 para. 25
- s. 4B inserted by 2020 asp 16 s. 28(2)
- s. 10(1A) inserted by 2024 asp 2 Sch. 1 para. 18(b)
- s. 11(14) inserted by 2020 asp 16 s. 10(2)(b)
- s. 11B 11C inserted by 2020 asp 16 s. 8(2)
- s. 11B(2) power to amend conferred by 2020 asp 16 s. 32
- s. 11D inserted by 2020 asp 16 s. 17(2)
- s. 11D(3) power to amend conferred by 2020 asp 16 s. 32
- s. 11E inserted by 2020 asp 16 s. 18(2)
- s. 11F inserted by 2020 asp 16 s. 20(2)
- s. 11G inserted by 2020 asp 16 s. 22(2)
- s. 11ZA 11ZB inserted by 2020 asp 16 s. 1(4)
- s. 11ZA(2A) inserted by 2020 asp 16 s. 30(2)
- s. 11ZA(3)(f) inserted by 2020 asp 16 s. 16(2)
- s. 16(2)-(2B) substituted for s. 16(2) by 2020 asp 16 s. 1(6)
- s. 100A inserted by 2020 asp 16 s. 21(2)
- s. 101D inserted by 2020 asp 16 s. 11(2)
- s. 101E inserted by 2020 asp 16 s. 12(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3(3A)(ba) inserted by 2009 c. 24 Sch. 6 para. 25
- s. 4B inserted by 2020 asp 16 s. 28(2)
- s. 10(1A) inserted by 2024 asp 2 Sch. 1 para. 18(b)
- s. 11(14) inserted by 2020 asp 16 s. 10(2)(b)
- s. 11B 11C inserted by 2020 asp 16 s. 8(2)
- s. 11B(2) power to amend conferred by 2020 asp 16 s. 32
- s. 11D inserted by 2020 asp 16 s. 17(2)
- s. 11D(3) power to amend conferred by 2020 asp 16 s. 32
- s. 11E inserted by 2020 asp 16 s. 18(2)
- s. 11F inserted by 2020 asp 16 s. 20(2)
- s. 11G inserted by 2020 asp 16 s. 22(2)
- s. 11ZA 11ZB inserted by 2020 asp 16 s. 1(4)
- s. 11ZA(2A) inserted by 2020 asp 16 s. 30(2)
- s. 11ZA(3)(f) inserted by 2020 asp 16 s. 16(2)
- s. 16(2)-(2B) substituted for s. 16(2) by 2020 asp 16 s. 1(6)
- s. 100A inserted by 2020 asp 16 s. 21(2)
- s. 101D inserted by 2020 asp 16 s. 11(2)
- s. 101E inserted by 2020 asp 16 s. 12(2)
6 Views of children.S
(1)A person shall [F1comply with subsections (1A) and (1D)], in reaching any major decision which involves—
(a)his fulfilling a parental responsibility or the responsibility mentioned in section 5(1) of this Act; or
(b)his exercising a parental right or giving consent by virtue of that section
F2....
[F3(1A)The person must—
(a)give the child an opportunity to express the child's views in—
(i)the manner that the child prefers, or
(ii)a manner that is suitable to the child if the child has not indicated a preference or it would not be reasonable in the circumstances to accommodate the child's preference, and
(b)have regard to any views expressed by the child, taking into account the child's age and maturity.
(1B)But the person is not required to comply with subsection (1A) if the person is satisfied that—
(a)the child is not capable of forming a view, or
(b)the location of the child is not known.
(1C)In considering whether the child is capable of forming a view, the person is to start with the presumption that the child is.
(1D)The person must, so far as is practicable, have regard to the views of any other person who has parental responsibilities or parental rights in relation to the child.]
(2)A transaction entered into in good faith by a third party and a person acting as legal representative of a child shall not be challengeable on the ground only that the child, or a person with parental responsibilities or parental rights in relation to the child, was not consulted or that due regard was not given to his views before the transaction was entered into.
Textual Amendments
F1Words in s. 6(1) inserted (21.9.2025) by Children (Scotland) Act 2020 (asp 16), ss. 1(2)(a)(i), 34(2); S.S.I. 2025/157, reg. 3 (with reg. 4)
F2Words in s. 6(1) repealed (21.9.2025) by Children (Scotland) Act 2020 (asp 16), ss. 1(2)(a)(ii), 34(2); S.S.I. 2025/157, reg. 3 (with reg. 4)
F3S. 6(1A)-(1D) inserted (21.9.2025) by Children (Scotland) Act 2020 (asp 16), ss. 1(2)(b), 34(2); S.S.I. 2025/157, reg. 3 (with reg. 4)
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