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

14 Children’s Rights Scheme S

(1) The Scottish Ministers must make a scheme setting out the arrangements that are in place, or are to be put in place by the Scottish Ministers—

(a) to ensure that they comply with the duty under section 6(1), and

(b) to secure better or further effect of the rights of children.

(2) The scheme under subsection (1) is to be known as the Children’s Rights Scheme (and is referred to in this Act as “the Scheme”).

(3) The Scheme must, in particular, include arrangements for the Scottish Ministers to—

(a) ensure that children are able to participate in the making of decisions that affect them with access to such support and representation (for example from children’s advocacy services) as they require to do so,

(b) identify and address any situation where a child’s rights are (or are at a significant risk of) not being fulfilled,

(c) raise awareness of and promote the rights of children,

(d) promote complaints handling procedures that children can understand and use,

(e) ensure that children have effective access to justice,

(f) protect the rights of children in relation to their interactions with persons, other than public authorities, who provide services which affect children,

(g) consider the rights of children in the Scottish Government’s budget process,

(h) ensure that their actions contribute to any national outcome for children determined by them under Part 1 of the Community Empowerment (Scotland) Act 2015,

(i) prepare and publish child rights and wellbeing impact assessments (see section 17),

(j) use, and promote the use of, inclusive ways of communicating that ensure that children are able to receive information and express themselves in ways that best meet their needs (in relation to speech, language or otherwise).

(4) The first Scheme made under this section must—

(a) specify the date by which the first report on its operation is to be published and laid before the Scottish Parliament under section 16, and

(b) include any actions that the Scottish Ministers are to take in respect of the Scheme during the period beginning with the date on which the Scheme is made and ending on the date that the first report on its operation is to be published.

(5) The Scottish Ministers may amend the Scheme or make a new scheme to replace it at any time (and references in this Act to the Scheme include the Scheme as amended or replaced).

(6) Section 15 sets out the procedure that the Scottish Ministers must follow to make, amend or remake the Scheme.

(7) In this Part, “children” means persons under the age of 18.

Commencement Information

I1 S. 14 in force at 16.7.2024, see s. 47(2)(a)