- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/08/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2015
Point in time view as at 01/08/2014.
Children (Scotland) Act 1995, Cross Heading: Advice and assistance for young persons formerly looked after by local authorities is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A local authority shall, unless they are satisfied that his welfare does not require it, advise, guide and assist any person in their area [F1who is at least sixteen] but not yet nineteen years of age who, [F2either—
(a)was (on his sixteenth birthday or at any subsequent time) but is no longer looked after by a local authority; or
(b)is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.]
[F3(1A)An order made under subsection (1)(b) above is subject to the affirmative procedure.]
(2)If a person within the area of a local authority is at least nineteen, but is less than [F4twenty-six], years of age and is otherwise a person such as is described in subsection (1) above, he may by application to the authority request that they provide him with advice, guidance and assistance; F5...
(3)[F6Subject to section 73(2) of the Regulation of Care (Scotland) Act 2001 (asp 8),] assistance given under subsection (1) [F7above or (5A) or (5B) below] may include assistance in kind or in cash.
(4)Where a person—
(a)[F8who is at least sixteen years of] age ceases to be looked after by a local authority; or
(b)described in subsection (1) above is being provided with advice, guidance or assistance by a local authority,
they shall, if he proposes to reside in the area of another local authority, inform that other local authority accordingly provided that he consents to their doing so.
[F9(5)It is the duty of each local authority, in relation to any person to whom they have a duty under subsection (1) above or who makes an application under subsection (2) above, to carry out an assessment of the person’s needs.
[F10(5A)After carrying out an assessment under subsection (5) above in pursuance of an application made by a person under subsection (2) above, the local authority—
(a)must, if satisfied that the person has any eligible needs which cannot be met other than by taking action under this subsection, provide the person with such advice, guidance and assistance as it considers necessary for the purposes of meeting those needs; and
(b)may otherwise provide such advice, guidance and assistance as it considers appropriate having regard to the person's welfare.
(5B)A local authority may (but is not required to) continue to provide advice, guidance and assistance to a person in pursuance of subsection (5A) after the person reaches the age of twenty-six.]
(6)Each local authority shall establish a procedure for considering representations (including complaints) made to them by any person mentioned in subsection (1) or (2) above about the discharge of their functions under the provisions of subsections (1) to [F11(5B)] above.
(7)In subsection (1) above, the reference to having been “looked after by a local authority” shall be construed as including having been looked after by a local authority in England and Wales; and subsection (4) of section 105 of the Children Act 1989 (c.41) (construction of references to a child looked after by a local authority) shall apply for the purposes of this subsection as it applies for the purposes of that Act (“local authority in England and Wales” being construed in accordance with subsection (1) of that section).]
[F12(8)For the purposes of subsection (5A)(a) above, a person has “eligible needs” if the person needs care, attention or support of such type as the Scottish Ministers may by order specify.
(9)An order made under subsection (8) is subject to the affirmative procedure.
(10)If a local authority becomes aware that a person who is being provided with advice, guidance or assistance by them under this section has died, the local authority must as soon as reasonably practicable notify—
(a)the Scottish Ministers; and
(b)Social Care and Social Work Improvement Scotland.]
Textual Amendments
F1Words in s. 29(1) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(a)(i), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F2Words in s. 29(1) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(a)(ii), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F3S. 29(1A) inserted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(b), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F4Word in s. 29(2) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(c)(i), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F5Words in s. 29(2) repealed (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(c)(ii), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F6Words in s. 29(3) inserted (5.12.2003) by 2001 asp 8, ss. 73(1)(a), 81(2); S.S.I. 2003/596, art. 3(1)
F7Words in s. 29(3) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(d), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F8Words in s. 29(4) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(e), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F9S. 29(5)-(7) inserted (1.4.2004) by 2001 asp 8, ss. 73(1)(b), 81(2); S.S.I. 2003/596, art. 3(2)
F10S. 29(5A)(5B) inserted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(f), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F11Word in s. 29(6) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(g), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F12S. 29(8)-(10) inserted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(2)(h), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
Modifications etc. (not altering text)
C1S. 29 restricted (8.1.2003) by 2002 c. 41, art. 54, Sch. 3 para. 1(1)(i); S.I. 2002/2811, art. 2, Sch. (with arts. 3-6)
(1)Without prejudice to section 12 of the M1Social Work (Scotland) Act 1968 (general social welfare services of local authorities), a local authority may make—
(a)grants to any relevant person in their area to enable him to meet expenses connected with his receiving education or training; and
(b)contributions to the accommodation and maintenance of any such person in any place near where he may be—
(i)employed, or seeking employment; or
(ii)receiving education or training.
(2)[F13A] person is a relevant person for the purposes of subsection (1) above if—
(a)he is [F14at least sixteen years of ] age but not yet [F15twenty-six] years of age; and
[F16(b)he either—
(i)was (on his sixteenth birthday or at any subsequent time) but is no longer looked after by a local authority; or
(ii)is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.
(2A)An order made under subsection (2)(b)(ii) above is subject to the affirmative procedure.]
F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Word in s. 30(2) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(3)(a)(i), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F14Words in s. 30(2)(a) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), s. 66(3)(a)(ii)(A), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F15Word in s. 30(2)(a) substituted (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), s. 66(3)(a)(ii)(B), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F16S. 30(2)(b)(2A) substituted for s. 30(2)(b) (1.8.2014 for specified purposes) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(3)(a)(iii), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2014/131, art. 2(2)(3), sch.
F17S. 30(3)(4) omitted (1.8.2014 for specified purposes) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), ss. 66(3)(b), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2014/131, art. 2(2)(3), sch.
Modifications etc. (not altering text)
C2S. 30 restricted (8.1.2003) by 2002 c. 41, art. 54, Sch. 3 para. 1(1)(i); S.I. 2002/2811, art. 2, Sch. (with arts. 3-6)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys