Children (Care and Justice) (Scotland) Act 2024

30 Regulation of cross-border placements

(1) The Children (Scotland) Act 1995 is amended as follows.

(2) After section 33 insert—

“33A Regulation of cross-border placements

(1) The Scottish Ministers may by regulations make provision in relation to cross-border placements.

(2) Regulations under subsection (1) may in particular include provision—

(a) requiring specified persons to provide or share specified information,

(b) requiring specified persons to provide, or make arrangements for the provision of, any services which are needed to support a child who is the subject of a cross-border placement,

(c) requiring specified persons to meet the costs incurred in relation to, or as a consequence of, a cross-border placement,

(d) requiring a cross-border placement to be kept under review,

(e) in connection with the safeguarding and promotion of the welfare of a child who is the subject of a cross-border placement.

(3) Regulations under subsection (1)—

(a) may modify any enactment in its application by virtue of the regulations to a cross-border placement, including—

(i) the Social Work (Scotland) Act 1968,

(ii) this Act,

(b) may make any incidental, supplementary, consequential, transitional, transitory or saving provision that the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to the regulations,

(c) are subject to the affirmative procedure.

(4) In this section, “cross-border placement” means the placement of a child in a residential establishment in Scotland where—

(a) the child was, immediately before the placement, resident in England, Wales or Northern Ireland, and

(b) the placement is authorised under the law in England and Wales or, as the case may be, in Northern Ireland by virtue of—

(i) an order made by a court in England and Wales or in Northern Ireland,

(ii) any provision made by or under an Act of Parliament, an Act of Senedd Cymru, or Northern Ireland legislation (as defined by section 98(1) of the Northern Ireland Act 1998), whenever passed or made.”.