Commissioner for Children and Young People (Scotland) Act 2003

Reports S

10 Annual report S

(1) The Commissioner must lay before the Parliament annually a report on the exercise of the Commissioner’s functions [F1 during the reporting year] .

(2) The report must include—

(a) a review of issues identified by the Commissioner in [F2 the reporting year] as being relevant to children and young people;

(b) a review of the Commissioner’s activity in [F2 the reporting year], including the steps taken to fulfil each of the Commissioner’s functions;

(c) any recommendations by the Commissioner arising out of such activity; and

(d) an overview of work to be undertaken by the Commissioner in the year following [F2 the reporting year], including the strategy for involving children and young people in the work of the Commissioner.

[F3 (3) The report must be laid before the Parliament within 7 months after the end of the reporting year.

(4) In preparing the report, the Commissioner must comply with any direction given by the Parliamentary corporation as to the form and content of the report.

(5) In this section “reporting year” means the year beginning on 1 April.]

Textual Amendments

F1 Words in s. 10(1) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 5 para. 3(a) (with s. 31(6), sch. 7)

F2 Words in s. 10(2) substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 5 para. 3(b) (with s. 31(6), sch. 7)

F3 S. 10(3)-(5) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 5 para. 3(c) (with s. 31(6), sch. 7)

11 Reports on investigations S

(1) The Commissioner must, at the conclusion of any investigation, [F4 prepare] a report of the investigation.

(2) The report must contain any recommendations by the Commissioner arising out of the investigation.

[F5 (2A) In relation to any such recommendation, the report may include a requirement to respond.

(2B) A requirement to respond is a requirement that the service provider provides, within such period as the Commissioner reasonably requires, a statement in writing to the Commissioner setting out—

(a) what the service provider has done or proposes to do in response to the recommendation; or

(b) if the service provider does not intend to do anything in response to the recommendation, the reasons for that.]

(3) A report of an investigation into the activities of a person named in, or identifiable from, the report may be [F6 finalised] only if that person has, where this is reasonable and practicable, been given a copy of the draft report and an opportunity to make representations on it.

[F7 (4) The Commissioner must lay before the Parliament the report of a general investigation.

(5) The Commissioner may lay before the Parliament the report of an individual investigation.]

[F8 (6) Where a report of an investigation includes a requirement to respond, the Commissioner must give a copy of the report to the service provider.]

Textual Amendments

F4 Word in s. 11(1) substituted (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 5(4)(a), 102(3); S.S.I. 2016/254, art. 3(4) (with art. 4)

F5 S. 11(2A)(2B) inserted (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 6(2)(a), 102(3); S.S.I. 2016/254, art. 3(4)

F6 Word in s. 11(3) substituted (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 5(4)(b), 102(3); S.S.I. 2016/254, art. 3(4) (with art. 4)

F7 S. 11(4)(5) added (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 5(4)(c), 102(3); S.S.I. 2016/254, art. 3(4) (with art. 4)

F8 S. 11(6) added (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 6(2)(b), 102(3); S.S.I. 2016/254, art. 3(4)

12 Other reports to Parliament S

The Commissioner may lay before the Parliament such other reports on the exercise of the Commissioner’s functions as the Commissioner considers necessary or appropriate.

13 Anonymity for children and young people S

The Commissioner must ensure that, so far as reasonable and practicable having regard to the subject matter, a report under this Act does not name or identify any child or young person, or group of children or young people, referred to in it.

14 Publication S

(1) The Commissioner must publish any report laid before the Parliament under this Act.

(2) The Commissioner may publish any other report relating to the exercise of the Commissioner’s functions.

(3) Where the Commissioner publishes a report which is not specifically designed for children or young people the Commissioner must also publish a child friendly version of the report.

[F9 14AA Publication of responses to recommendations of investigations S

(1) The Commissioner must publish any statement provided in response to a requirement to respond to a recommendation arising out of a general investigation.

(2) Subsection (1) does not apply if, or to the extent that, the Commissioner considers publication to be inappropriate.

(3) The Commissioner may publish any statement provided in response to a requirement to respond to a recommendation arising out of an individual investigation.

(4) The Commissioner must ensure that, so far as reasonable and practicable having regard to the subject matter, the version of the statement which is published under subsection (1) or (3) does not name or identify any child or young person, or group of children or young people, referred to in it.

(5) The Commissioner may, in such manner as the Commissioner considers appropriate, publicise a failure to comply with a requirement to respond.]

Textual Amendments

F9 S. 14AA inserted (7.8.2017) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 6(3), 102(3); S.S.I. 2016/254, art. 3(4)

[F10 14A Strategic plans S

(1) The Commissioner must, in respect of each 4 year period, lay before the Parliament a plan (referred to in this section as a “strategic plan”) setting out how the Commissioner proposes to perform the Commissioner's functions during the 4 year period.

(2) A strategic plan must, in particular, set out—

(a) the Commissioner's objectives and priorities during the 4 year period,

(b) how the Commissioner proposes to achieve them,

(c) a timetable for doing so, and

(d) estimates of the costs of doing so.

(3) Before laying a strategic plan before the Parliament, the Commissioner must provide a draft of it to and invite, and (if any are given) consider, comments on it from—

(a) the Parliamentary corporation, and

(b) such other persons as the Commissioner thinks appropriate.

(4) The reference in subsection (3)(b) to other persons includes a committee of the Parliament.

(5) The Commissioner must lay each strategic plan before the Parliament not later than the beginning of the 4 year period to which the plan relates.

(6) The Commissioner must arrange for the publication of each strategic plan laid before the Parliament.

(7) The Commissioner may, at any time during a 4 year period, review the strategic plan for the period and lay a revised strategic plan before the Parliament.

(8) Subsections (2) to (7) apply to a revised strategic plan as they apply to a strategic plan.

(9) In that application, the reference in subsection (5) to the 4 year period is a reference to the period to which the revised strategic plan relates.

(10) In this section, “4 year period” means the period of 4 years beginning on 1 April next following the coming into force of this section and each subsequent period of 4 years.]

Textual Amendments

F10 S. 14A inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 5 para. 4 (with s. 31(6), sch. 7)