Children and Young People (Scotland) Act 2014

1. Introductory Text

2. PART 1 Rights of children

   1. 1. Duties of Scottish Ministers in relation to the rights of children

   2. 2. Duties of public authorities in relation to the UNCRC

   3. 3. Authorities to which section 2 applies

   4. 4. Interpretation of Part 1

3. PART 2 Commissioner for Children and Young People in Scotland

   1. 5. Investigations by the Commissioner

   2. 6. Requirement to respond to Commissioner's recommendations

4. PART 3 Children's services planning

   1. 7. Introductory

   2. 8. Requirement to prepare children's services plan

   3. 9. Aims of children's services plan

   4. 10. Children's services plan: process

   5. 11. Children's services plan: review

   6. 12. Implementation of children's services plan

   7. 13. Reporting on children's services plan

   8. 14. Assistance in relation to children's services planning

   9. 15. Guidance in relation to children's services planning

   10. 16. Directions in relation to children's services planning

   11. 17. Children's services planning: default powers of Scottish Ministers

   12. 18. Interpretation of Part 3

5. PART 4 Provision of named persons

   1. 19. Named person service

   2. 20. Named person service in relation to pre-school child

   3. 21. Named person service in relation to children not falling within section 20

   4. 22. Continuation of named person service in relation to certain young people

   5. 23. Communication in relation to movement of children and young people

   6. 24. Duty to communicate information about role of named persons

   7. 25. Duty to help named person

   8. 26. Information sharing

   9. 27. Disclosure of information

   10. 28. Guidance in relation to named person service

   11. 29. Directions in relation to named person service

   12. 30. Complaints in relation to Part 4

   13. 31. Relevant authorities

   14. 32. Interpretation of Part 4

6. PART 5 Child's plan

   1. 33. Child's plan: requirement

   2. 34. Content of a child's plan

   3. 35. Preparation of a child's plan

   4. 36. Responsible authority: general

   5. 37. Responsible authority: special cases

   6. 38. Delivery of a child's plan

   7. 39. Child's plan: management

   8. 40. Assistance in relation to child's plan

   9. 41. Guidance on child's plans

   10. 42. Directions in relation to child's plans

   11. 43. Complaints in relation to Part 5

   12. 44. Listed authorities

   13. 45. Interpretation of Part 5

7. PART 6 Early learning and childcare

   1. 46. Early learning and childcare

   2. 47. Duty to secure provision of early learning and childcare

   3. 48. Mandatory amount of early learning and childcare

   4. 49. Looked after 2 year olds: alternative arrangements to meet wellbeing needs

   5. 50. Duty to consult and plan on delivery of early learning and childcare

   6. 51. Method of delivery of early learning and childcare

   7. 52. Flexibility in way in which early learning and childcare is made available

   8. 53. Interpretation of Part 6

8. PART 7 Power to provide school education for pre-school children

   1. 54. Duty to consult and plan in relation to power to provide school education for pre-school children

9. PART 8 Day care and out of school care

   1. 55. Duty to consult and plan in relation to day care and out of school care

10. PART 9 Corporate parenting

    1. 56. Corporate parents

    2. 57. Application of Part: children and young people

    3. 58. Corporate parenting responsibilities

    4. 59. Planning by corporate parents

    5. 60. Collaborative working among corporate parents

    6. 61. Reports by corporate parents

    7. 62. Duty to provide information to Scottish Ministers

    8. 63. Guidance on corporate parenting

    9. 64. Directions to corporate parents

    10. 65. Reports by Scottish Ministers

11. PART 10 Aftercare

    1. 66. Provision of aftercare to young people

12. PART 11 Continuing care

    1. 67. Continuing care: looked after children

13. PART 12 Services in relation to children at risk of becoming looked after, etc.

    1. 68. Provision of relevant services to parents and others

    2. 69. Relevant services: further provision

    3. 70. Interpretation of Part 12

14. PART 13 Support for kinship care

    1. 71. Assistance in relation to kinship care orders

    2. 72. Orders which are kinship care orders

    3. 73. Kinship care assistance: further provision

    4. 74. Interpretation of Part 13

15. PART 14 Adoption register

    1. 75. Scotland's Adoption Register

16. PART 15 School closure proposals, etc.

    1. 76. References to the Schools (Consultation) (Scotland) Act 2010

    2. 77. Restriction on closure proposals

    3. 78. Financial implications of closure proposals

    4. 79. Correction of proposal paper

    5. 80. Special provision for rural school closure proposals

    6. 81. Call-in of closure proposals

17. PART 16 Children's hearings

    1. 82. Safeguarders: exceptions to duty to prepare report on appointment

    2. 83. Maximum period of child protection order

    3. 84. Power to determine that deeming of person as relevant person to end

    4. 85. Grounds hearing: non-acceptance of facts supporting ground

    5. 86. Failure of child to attend grounds hearing: power to make interim order

    6. 87. Limit on number of further interim compulsory supervision orders

    7. 88. Area support teams: establishment

    8. 89. Area support teams: administrative support by local authorities

    9. 90. Interpretation of Part 16

18. PART 17 Other reforms

    1. Detention of children in secure accommodation

       1. 91. Appeal against detention of child in secure accommodation

    2. Children's legal aid

       1. 92. Power of Scottish Ministers to modify circumstances in which children's legal aid to be made available

    3. Provision of school meals

       1. 93. Provision of free school lunches

    4. Licensing of child performances

       1. 94. Extension of licensing of child performances to children under 14

    5. Wellbeing under 1995 Act

       1. 95. Consideration of wellbeing in exercising certain functions

19. PART 18 General

    1. 96. Assessment of wellbeing

    2. 97. Interpretation

    3. 98. Modification of enactments

    4. 99. Subordinate legislation

    5. 100. Guidance and directions

    6. 101. Ancillary provision

    7. 102. Commencement

    8. 103. Short title

20. 1. SCHEDULE 1

       Authorities to which section 2 applies

       1. 1. A local authority

       2. 2. Children's Hearings Scotland

       3. 3. The Scottish Children's Reporter Administration

       4. 4. A health board

       5. 5. A board constituted under section 2(1)(b) of the National Health...

       6. 6. Healthcare Improvement Scotland

       7. 7. The Scottish Qualifications Authority

       8. 8. Skills Development Scotland Co. Ltd (registered number SC 202659)

       9. 9. Social Care and Social Work Improvement Scotland

       10. 10. The Scottish Social Services Council

       11. 11. The Scottish Sports Council

       12. 12. The chief constable of the Police Service of Scotland

       13. 13. The Scottish Police Authority

       14. 14. The Scottish Fire and Rescue Service

       15. 15. The Scottish Legal Aid Board

       16. 16. The Mental Welfare Commission for Scotland

       17. 17. The Scottish Housing Regulator

       18. 18. Bòrd na Gàidhlig

       19. 19. Creative Scotland

    2. SCHEDULE 2

       Relevant authorities

       1. 1. NHS 24

       2. 2. NHS National Services Scotland

       3. 3. Scottish Ambulance Service Board

       4. 4. State Hospitals Board for Scotland

       5. 5. The National Waiting Times Centre Board

       6. 6. Skills Development Scotland Co. Ltd (registered number SC 202659)

       7. 7. Social Care and Social Work Improvement Scotland

       8. 8. The Scottish Sports Council

       9. 9. The chief constable of the Police Service of Scotland

       10. 10. The Scottish Police Authority

       11. 11. The Scottish Fire and Rescue Service

       12. 12. The Commissioner for Children and Young People in Scotland

       13. 13. A body which is a “post-16 education body” for the...

    3. SCHEDULE 3

       Listed authorities

       1. 1. The Scottish Ministers

       2. 2. NHS 24

       3. 3. NHS National Services Scotland

       4. 4. Scottish Ambulance Service Board

       5. 5. State Hospitals Board for Scotland

       6. 6. The National Waiting Times Centre Board

       7. 7. Skills Development Scotland Co. Ltd (registered number SC 202659)

       8. 8. Social Care and Social Work Improvement Scotland

       9. 9. The Scottish Sports Council

       10. 10. The chief constable of the Police Service of Scotland

       11. 11. The Scottish Police Authority

       12. 12. The Scottish Fire and Rescue Service

       13. 13. The Commissioner for Children and Young People in Scotland

       14. 14. A body which is a “post-16 education body” for the...

    4. SCHEDULE 4

       Corporate parents

       1. 1. The Scottish Ministers

       2. 2. A local authority

       3. 3. The National Convener of Children's Hearings Scotland

       4. 4. Children's Hearings Scotland

       5. 5. The Principal Reporter

       6. 6. The Scottish Children's Reporter Administration

       7. 7. A health board

       8. 8. A board constituted under section 2(1)(b) of the National Health...

       9. 9. Healthcare Improvement Scotland

       10. 10. The Scottish Qualifications Authority

       11. 11. Skills Development Scotland Co. Ltd (registered number SC 202659)

       12. 12. Social Care and Social Work Improvement Scotland

       13. 13. The Scottish Social Services Council

       14. 14. The Scottish Sports Council

       15. 15. The chief constable of the Police Service of Scotland

       16. 16. The Scottish Police Authority

       17. 17. The Scottish Fire and Rescue Service

       18. 18. The Scottish Legal Aid Board

       19. 19. The Commissioner for Children and Young People in Scotland

       20. 20. The Mental Welfare Commission for Scotland

       21. 21. The Scottish Housing Regulator

       22. 22. Bòrd na Gàidhlig

       23. 23. Creative Scotland

       24. 24. A body which is a “post-16 education body” for the...

    5. SCHEDULE 5

       Modification of enactments

       1. Social Work (Scotland) Act 1968

          1. 1. In section 5 of the Social Work (Scotland) Act 1968—...

       2. Education (Scotland) Act 1980

          1. 2. (1) The 1980 Act is amended as follows.

       3. Legal Aid (Scotland) Act 1986

          1. 3. (1) The Legal Aid (Scotland) Act 1986 is amended as...

       4. Children (Scotland) Act 1995

          1. 4. (1) The 1995 Act is amended as follows.

       5. Criminal Procedure (Scotland) Act 1995

          1. 5. (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

       6. Education Act 1996

          1. 6. Paragraph 11 of Schedule 37 to the Education Act 1996...

       7. Standards in Scotland's Schools Act 2000

          1. 7. In section 34 of the Standards in Scotland's Schools Act...

       8. Regulation of Care (Scotland) Act 2001

          1. 8. In section 73(2)(a) of the Regulation of Care (Scotland) Act...

       9. Mental Health (Care and Treatment) (Scotland) Act 2003

          1. 9. In section 329(1) of the Mental Health (Care and Treatment)...

       10. Education (Additional Support for Learning) (Scotland) Act 2004

           1. 10. (1) The Education (Additional Support for Learning) (Scotland) Act 2004...

       11. Adoption and Children (Scotland) Act 2007

           1. 11. (1) The Adoption and Children (Scotland) Act 2007 is amended...

       12. Children's Hearings (Scotland) Act 2011

           1. 12. (1) The Children's Hearings (Scotland) Act 2011 is amended as...