United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

1. Introduction

2. Overview of the Act

   1. Part 1 and the Schedule: the Uncrc Requirements

      1. Section 1 and the schedule: Meaning of “the UNCRC requirements” and related expressions

      2. Section 2: Meaning of references to States Parties and related expressions in the UNCRC requirements

      3. Section 3: Power to modify the schedule

      4. Section 4: Interpretation of the UNCRC requirements

      5. Section 5: Duty to modify section 4 on ratification of the third optional protocol to the Convention

   2. Part 2: Duties on Public Authorities

      1. Section 6: Acts of public authorities to be compatible with the UNCRC requirements

         1. Meaning of “relevant function”

         2. Circumstances where incompatible action or failure to act in connection with a relevant function is not unlawful

         3. Meaning of “public authority”

      2. Section 7: Proceedings for unlawful acts

      3. Section 8: Judicial remedies

      4. Section 9: Child’s views on effectiveness of reliefs etc.

      5. Section 10: Restriction on proceedings in respect of judicial acts

      6. Section 11: Power for Commissioner to bring or intervene in proceedings

      7. Section 12: Power for Scottish Commission for Human Rights to bring or intervene in proceedings

      8. Section 13: Guidance on this Part

   3. Part 3: Children’s Rights Scheme, Child Rights and Wellbeing Impact Assessments and Reporting Duties

      1. Sections 14 and 15: Children’s Rights Scheme

         1. Step 1 – preparation

         2. Step 2 – publication and consultation

         3. Step 3 – laying before Parliament, making and publication

      2. Section 16: Reviewing and reporting on the Scheme

      3. Section 17: Child rights and wellbeing impact assessments

      4. Section 18: Reporting duty of listed authorities

      5. Section 19: Listed authorities

      6. Section 20: Guidance on section 18

      7. Section 21: Reporting duty of the Scottish Parliament

      8. Section 22: Consequential amendments of the Children and Young People (Scotland) Act 2014

   4. Part 4: Legislation and the Uncrc Requirements

      1. Section 23: Statements of compatibility in relation to legislation

      2. Section 24: Interpretation of legislation

      3. Section 25: Strike down declarators

         1. Effect of striking down legislation

         2. Suspension of effect of strike down

         3. Courts that can strike legislation down

         4. Procedure to be followed before striking down

         5. Words that are susceptible to strike down

      4. Section 26: Incompatibility declarators

      5. Section 27: Power to intervene in proceedings where strike down declarator or incompatibility declarator is being considered

      6. Section 28: Ministerial action following strike down declarator or incompatibility declarator

      7. Sections 29 and 30: Words in legislation to which Part 4 applies

      8. Section 29: Primary legislation words to which this Part applies

      9. Section 30: Subordinate legislation words to which this Part applies

   5. Part 5: Compatibility Questions and Uncrc Compatibility Issues

      1. Section 31: Meaning of “compatibility question”

      2. Section 32: UNCRC compatibility issues in criminal proceedings

      3. Section 33: Power to institute proceedings to determine compatibility question

      4. Section 34: Power to intervene in proceedings where compatibility question arises

      5. Section 35: Reference of compatibility question to higher court

      6. Section 36: Direct references to Supreme Court: compatibility question arising in proceedings

      7. Section 37: Direct references to Supreme Court: compatibility question not arising in proceedings

      8. Section 38: Additional expenses

   6. Part 6: Remedial Regulations

      1. Section 39: Remedial regulations

      2. Section 40: Remedial regulations: procedure

      3. Section 41: Urgent remedial regulations

   7. Part 7: Final Provisions

      1. Section 42: Interpretation

      2. Section 43: No modification of the Human Rights Act 1998

      3. Section 44: Rules of court

      4. Section 45: Regulations

      5. Section 46: Ancillary provision

      6. Section 47: Commencement

      7. Section 48: Short title

3. Parliamentary History