- Latest available (Revised)
- Original (As enacted)
Children and Young People (Scotland) Act 2014, Section 39 is up to date with all changes known to be in force on or before 01 September 2024. 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The managing authority of a child's plan is to keep under review whether—
(a)the wellbeing need of the child stated in the plan is still accurate,
(b)in relation to each targeted intervention, it or the manner of its provision, is still appropriate,
(c)the outcome of the plan has been achieved, and
(d)the management of the plan should transfer to another relevant authority.
(2)In reviewing a child's plan, the managing authority—
(a)is to consult—
(i)each other relevant authority to which subsection (3) applies,
(ii)where it is neither the managing authority nor consulted under sub-paragraph (i), the responsible authority in relation to the child, and
(iii)where the child's named person is not an employee of the managing authority, the child's named person, and
(b)is so far as reasonably practicable to ascertain and have regard to the views of—
(i)the child,
(ii)the child's parents,
(iii)such persons, or the persons within such description, as the Scottish Ministers may by order specify, and
(iv)such other persons as the managing authority considers appropriate.
(3)This subsection applies to a relevant authority if—
(a)it is providing a targeted intervention contained in the plan, or
(b)a targeted intervention contained in the plan is being provided by a third person under arrangements made by the authority.
(4)In having regard to the views of the child as mentioned in subsection (2)(b)(i), the managing authority is to take account of the child's age and maturity.
(5)The managing authority of a child's plan may in consequence of the review—
(a)amend the plan so as to revise—
(i)the wellbeing need of the child,
(ii)a targeted intervention,
(iii)the manner in which a targeted intervention requires to be provided, or
(iv)the outcome which the plan is intended to achieve,
(b)transfer the management of the plan to another relevant authority, or
(c)end the plan.
(6)The Scottish Ministers may by order make provision about the management of child's plans, including provision about—
(a)when and how a child's plan is to be reviewed in accordance with subsection (1),
(b)who is to be the managing authority of a child's plan,
(c)when and to whom management of a child's plan is to or may transfer under subsection (5)(b),
(d)when and how a new targeted intervention may be included in a child's plan,
(e)the keeping, disclosure and destruction of child's plans.
(7)Subject to provision made under subsection (6)(b), the managing authority of a child's plan is—
(a)the relevant authority which prepared it, or
(b)where management of the child's plan has been transferred under subsection (5)(b), the relevant authority to which the management of the child's plan was so transferred (or where there has been more than one such transfer, last so transferred).
Commencement Information
I1S. 39 in force at 5.1.2016 for specified purposes by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 1
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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.
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.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: