The Children and Young People (Scotland) Act 2014 (Commencement No. 8 and Saving Provision) Order 2015

Scottish Statutory Instruments

2015 No. 104 (C. 20)

Children And Young Persons

Education

The Children and Young People (Scotland) Act 2014 (Commencement No. 8 and Saving Provision) Order 2015

Made

5th March 2015

Laid before the Scottish Parliament

6th March 2015

Coming into force

30th March 2015

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 2014(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 8 and Saving Provision) Order 2015 and comes into force on 30th March 2015.

(2) In this Order—

“the 2014 Act” means the Children and Young People (Scotland) Act 2014;

“the 2010 Act” means the Schools (Consultation) (Scotland) Act 2010(2); and

“closure proposal” has the meaning given in section 2(1)(b) of the 2010 Act.

Appointed day

2.  30th March 2015 is the day appointed for the coming into force of section 81(1)(d), (2), (3)(a), (4), (6), (8) and (11)(b) of the 2014 Act (call-in of closure proposals) (in so far as not already in force).

Saving provision

3.  Despite article 2, section 81(1)(d), (2), (3)(a) and (4) of the 2014 Act is of no effect in relation to closure proposals called in under section 17 of the 2010 Act before 30th March 2015.

  ALASDAIR ALLAN    

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the following provisions of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) on 30th March 2015: section 81(1)(d), (2), (3)(a), (4), (6), (8) and (11)(b) (call-in of closure proposals) (in so far as not already in force).

Article 3 provides that despite the commencement of section 81(1)(d), (2), (3)(a) and (4) of the 2014 Act, it is of no effect in relation to a closure proposal called in by the Scottish Ministers under section 17 of the Schools (Consultation) (Scotland) Act 2010, prior to 30th March 2015.

This therefore means that any decision taken to implement a closure proposal which has been called in by the Scottish Ministers prior to 30th March 2015, but not yet determined by that date, will be determined by the Scottish Ministers under section 16 of the 2010 Act.

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.

Provisions	Date of Commencement	S.S.I. No.
Section 1	15th June 2015	2015/61
Section 4	15th June 2015	2015/61
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 69	1st August 2014	2014/131
Section 70	1st August 2014	2014/131
Section 71 (partially)	1st August 2014	2014/131
Section 72	1st August 2014	2014/131
Section 73 (partially)	1st August 2014	2014/131
Section 74	1st August 2014	2014/131
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(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(5) (partially)	1st August 2014	2014/165
Section 81(5) (so far as not already in force)	9th January 2015	2014/353
Section 81(7)	9th January 2015	2014/353
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(12)	9th January 2015	2014/353
Section 82	26th January 2015	2015/353
Section 83	26th January 2015	2015/353
Section 84	26th January 2015	2015/353
Section 85	26th January 2015	2015/353
Section 86	26th January 2015	2015/353
Section 87	26th January 2015	2015/353
Section 88	26th January 2015	2015/353
Section 89	26th January 2015	2015/353
Section 90	26th January 2015	2015/353
Section 91 (partially)	1st August 2014	2014/131
Section 93(6) (partially)	1st August 2014	2014/131
Section 93 (so far as not already commenced)	5th January 2014	2014/314
Section 94	1st August 2014	2014/131
Section 96 (partially)	1st August 2014	2014/131
Section 96 (partially)	1st April 2015	2015/61
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
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 commenced)	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 commenced)	5th January 2015	2014/314
Schedule 5, paragraph 3(1) and (2)	26th January 2015	2015/353
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 12(1) to (9)	26th January 2015	2014/353

(1)

2014 asp 8.

(2)

2010 asp 2.