The Continuing Care (Scotland) Amendment Order 2016

Draft Order laid before the Scottish Parliament under section 26A(11)(b) of the Children (Scotland) Act 1995 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2016 No.  

Children And Young Persons

The Continuing Care (Scotland) Amendment Order 2016

Made

2016

Coming into force

1st April 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 26A(2)(b) of the Children (Scotland) Act 1995(1) and all other powers enabling them to do so.

In accordance with sections 26A(12) of that Act, the Scottish Ministers have consulted with each local authority and such others persons as they consider appropriate.

In accordance with section 26A(11)(b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Continuing Care (Scotland) Amendment Order 2016 and comes into force on 1st April 2016.

Amendment of the Continuing Care (Scotland) Order 2015

2.—(1) The Continuing Care (Scotland) Order 2015(2) is amended as follows.

(2) In article 2 (eligible person: specified age), for “seventeen” substitute “eighteen”.

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends article 2 of the Continuing Care (Scotland) Order 2015 (S.S.I. 2015/158) with the effect that the higher age limit for “eligible persons” specified for the purposes of section 26A(2)(b) of the Children (Scotland) Act 1995 (“1995 Act”) is eighteen years of age (increased from seventeen). This means that an “eligible person” for the purposes of the duty on local authorities to provide continuing care under section 26A of the 1995 Act is a person who is at least sixteen years of age and who has not yet reached the age of eighteen.

(1)

1995 c.36. Section 26A was inserted by section 67(1) of the Children and Young People (Scotland) Act 2014 (asp 8).

(2)

S.S.I. 2015/158.