SCHEDULE 1Authorities to which section 2 applies
1
A local authority
2
Children's Hearings Scotland
3
The Scottish Children's Reporter Administration
I434
A health board
5
A board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978
6
Healthcare Improvement Scotland
7
The Scottish Qualifications Authority
8
Skills Development Scotland Co. Ltd (registered number SC 202659)
9
Social Care and Social Work Improvement Scotland
10
The Scottish Social Services Council
11
The Scottish Sports Council
12
The chief constable of the Police Service of Scotland
13
The Scottish Police Authority
14
The Scottish Fire and Rescue Service
15
The Scottish Legal Aid Board
16
The Mental Welfare Commission for Scotland
17
The Scottish Housing Regulator
18
Bòrd na Gàidhlig
19
Creative Scotland
F120
An integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.
SCHEDULE 2Relevant authorities
1
NHS 24
2
NHS National Services Scotland
3
Scottish Ambulance Service Board
4
State Hospitals Board for Scotland
5
The National Waiting Times Centre Board
6
Skills Development Scotland Co. Ltd (registered number SC 202659)
7
Social Care and Social Work Improvement Scotland
8
The Scottish Sports Council
9
The chief constable of the Police Service of Scotland
10
The Scottish Police Authority
11
The Scottish Fire and Rescue Service
12
The Commissioner for Children and Young People in Scotland
13
A body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
F214
An integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.
F615
The Principal Reporter.
SCHEDULE 3Listed authorities
1
The Scottish Ministers
2
NHS 24
3
NHS National Services Scotland
4
Scottish Ambulance Service Board
5
State Hospitals Board for Scotland
6
The National Waiting Times Centre Board
7
Skills Development Scotland Co. Ltd (registered number SC 202659)
8
Social Care and Social Work Improvement Scotland
9
The Scottish Sports Council
10
The chief constable of the Police Service of Scotland
11
The Scottish Police Authority
12
The Scottish Fire and Rescue Service
13
The Commissioner for Children and Young People in Scotland
14
A body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
F315
An integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.
F516
The Principal Reporter.
SCHEDULE 4Corporate parents
I141
The Scottish Ministers
I152
A local authority
I163
The National Convener of Children's Hearings Scotland
I174
Children's Hearings Scotland
I185
The Principal Reporter
I196
The Scottish Children's Reporter Administration
I207
A health board
I218
A board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978
I229
Healthcare Improvement Scotland
I2310
The Scottish Qualifications Authority
I2411
Skills Development Scotland Co. Ltd (registered number SC 202659)
I2512
Social Care and Social Work Improvement Scotland
I2613
The Scottish Social Services Council
I2714
The Scottish Sports Council
I2815
The chief constable of the Police Service of Scotland
I2916
The Scottish Police Authority
I3017
The Scottish Fire and Rescue Service
I3118
The Scottish Legal Aid Board
I3219
The Commissioner for Children and Young People in Scotland
I3320
The Mental Welfare Commission for Scotland
I3421
The Scottish Housing Regulator
I3522
Bòrd na Gàidhlig
I3623
Creative Scotland
I3724
A body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
F425
An integration joint board to which functions in relation to persons under 18 years of age have been delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.
SCHEDULE 5Modification of enactments
Social Work (Scotland) Act 1968
I31
In section 5 of the Social Work (Scotland) Act 1968—
a
in subsection (1)—
i
for “1995 and” substitute “
1995,
”
,
ii
after “2013 (asp 1)” insert “
Part 6 (in so far as it applies to looked after children) and Parts 12 and 13 of the Children and Young People (Scotland) Act 2014 (asp 8)
”
,
b
in subsection (1B), after paragraph (s) insert—
t
Part 6 (in so far as it applies to looked after children) of the Children and Young People (Scotland) Act 2014 (asp 8).
c
after subsection (1B) insert—
1C
In subsections (1) and (1B) of this section, the references to looked after children are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.
Education (Scotland) Act 1980
2
I11
The 1980 Act is amended as follows.
I42
In section 1—
a
in subsection (1A), for the words from first “as” to “order” substitute “
to the extent required by section 47(1) of the Children and Young People (Scotland) Act 2014
”
,
b
omit subsections (1B) and (4A),
c
in subsection (5)(a), for sub-paragraph (i) substitute—
i
early learning and childcare;
I83
In section 53A(2), for “53(3)” substitute “
53
”
.
4
In section 53B—
I10a
in subsection (1)—
i
after “applies” insert “
, subject to subsection (1A),
”
,
ii
for “53(3)” substitute “
53
”
,
I5I9b
after subsection (1), insert—
1A
This section does not apply in such circumstances as the Scottish Ministers may by regulations prescribe.
I10c
in subsection (5)(b), for “53(3)” substitute “
53
”
.
5
In section 133—
I10a
in subsection (2), for “(2ZA)” substitute “
(2YA)
”
,
I16
In section 135—
a
after the definition of “dental treatment” insert—
“early learning and childcare” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014;
b
for the definitions of “nursery school” and “nursery class” substitute—
“nursery schools” and “nursery classes” are schools and classes which provide early learning and childcare;
Legal Aid (Scotland) Act 1986
3
I111
The Legal Aid (Scotland) Act 1986 is amended as follows.
I112
In section 28F(1)(b), after “deemed” insert “
, or is no longer to be deemed,
”
.
3
In section 37(2), after “28L(1) or (8),” insert “
28LA(1),
”
.
Children (Scotland) Act 1995
4
I381
The 1995 Act is amended as follows.
2
Section 19 is repealed.
3
In section 20, for subsection (2) substitute—
2
In subsection (1) above, “relevant services” means services provided by a local authority under or by virtue of—
a
this Part of this Act;
b
the Children's Hearings (Scotland) Act 2011;
c
Part 12 or 13 of the Children and Young People (Scotland) Act 2014; or
d
any of the enactments mentioned in section 5(1B)(a) to (n), (r) or (t) of the Social Work (Scotland) Act 1968.
I384
In section 44—
a
for subsection (1) substitute—
1
No person shall publish any matter in respect of proceedings before a sheriff on an application under section 76(1) of this Act which is intended to, or is likely to, identify—
a
the child concerned in, or any other child connected (in any way) with, the proceedings; or
b
any address or school as being that of any such child.
b
in subsection (5)—
i
omit paragraphs (b) and (c),
ii
in the full-out, omit “, the Court or the Secretary of State as the case may be”.
Criminal Procedure (Scotland) Act 1995
5
I391
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
I392
In section 44(11), in the definition of “secure accommodation” for “2000 Act” in each place where it occurs substitute “Care Standards Act 2000”.
3
In section 57A(16), in the definition of “relevant services” for “19(2)” substitute “20(2)”.
Education Act 1996
I66
Paragraph 11 of Schedule 37 to the Education Act 1996 is repealed.
Standards in Scotland's Schools Act 2000
I27
In section 34 of the Standards in Scotland's Schools Act 2000—
a
in paragraph (a), after “Act” insert “
and Part 6 of the Children and Young People (Scotland) Act 2014
”
,
b
in paragraph (b), for “that Act” substitute “
those Acts
”
.
Regulation of Care (Scotland) Act 2001
I138
In section 73(2)(a) of the Regulation of Care (Scotland) Act 2001—
a
after first “provided” insert “
under subsection (1) or (5A)(a) of that section
”
,
b
for “the subsection in question” substitute “
subsection (5A)(b) or (5B) of that section
”
.
Mental Health (Care and Treatment) (Scotland) Act 2003
9
In section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003, in the definition of “relevant services” for “19(2)” substitute “
20(2)
”
.
Education (Additional Support for Learning) (Scotland) Act 2004
I710
1
The Education (Additional Support for Learning) (Scotland) Act 2004 is amended as follows.
2
In section 1(3)—
a
in paragraph (a), for “a prescribed” substitute “
an eligible
”
,
b
in paragraph (b), for “a prescribed” substitute “
an eligible
”
.
3
In section 5(3)(a), in paragraph (a), for “a prescribed” substitute “
an eligible
”
.
4
In section 29(1)—
a
after the definition of “co-ordinated support plan” insert—
“eligible pre-school child” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014,
b
omit the definition of “prescribed pre-school child”.
Adoption and Children (Scotland) Act 2007
11
I40I421
The Adoption and Children (Scotland) Act 2007 is amended as follows.
2
Section 4 is repealed.
3
In section 6(1), omit “or 4”.
4
The title of section 6 becomes “
Assistance in carrying out functions under section 1
”
.
I40I425
In section 117(5)(a), after sub-paragraph (i) insert—
ia
section 13A(2),
ib
section 13F(1),
I40I426
In section 119(1), in paragraph (b) of the definition of “adoption agency”, after “sections” insert “
13A, 13D, 13F,
”
.
Children's Hearings (Scotland) Act 2011
12
I121
The Children's Hearings (Scotland) Act 2011 is amended as follows.
I122
In section 80(1), after “(2)” insert “
or (5A)
”
.
I123
In section 81—
a
in subsection (2), after “must” insert “
, unless that other matter is a matter mentioned in section 79(5A)(a),
”
,
b
in subsection (5)(b), after sub-paragraph (iv) insert—
iva
section 81A,
I124
In section 94(3), for the second “of” substitute “
given in compliance with section 90(1) in relation to
”
.
I125
In section 105, after subsection (1) insert—
1A
The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.
I126
In section 106, after subsection (1) insert—
1A
The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.
I127
In section 142, after subsection (1) insert—
1A
But this section does not apply where the matter of whether the individual should continue to be deemed to be a relevant person in relation to the child—
a
has been determined by a meeting of a pre-hearing panel held in relation to the children's hearing, or
b
is, by virtue of section 80(3), to be determined by the children's hearing.
I128
In section 160, for subsection (1)(a) substitute—
a
a determination of a pre-hearing panel or a children's hearing that an individual—
i
is or is not to be deemed a relevant person in relation to a child,
ii
is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,
I129
In section 202(1), after the definition of “super-affirmative procedure” insert—
“supporting facts” has the meaning given by section 90(1D),
I4110
In schedule 6, in the entry for the 1995 Act—
a
at the end of the reference to sections 39 to 74 insert “
, except section 44
”
,
b
in the reference to section 105, omit “44,”.