- Latest available (Revised)
- Point in Time (01/04/2016)
- Original (As enacted)
Version Superseded: 28/11/2016
Point in time view as at 01/04/2016.
Children and Young People (Scotland) Act 2014 is up to date with all changes known to be in force on or before 17 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.
(introduced by section 3)
Valid from 01/04/2017
1SA local authority
Valid from 01/04/2017
2SChildren's Hearings Scotland
Valid from 01/04/2017
3SThe Scottish Children's Reporter Administration
Valid from 01/04/2017
4SA health board
Commencement Information
I1Sch. 1 para. 4 in force at 1.4.2017 by S.S.I. 2016/254, art. 3(3)(b)
Valid from 01/04/2017
5SA board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978
Valid from 01/04/2017
6SHealthcare Improvement Scotland
Valid from 01/04/2017
7SThe Scottish Qualifications Authority
Valid from 01/04/2017
8SSkills Development Scotland Co. Ltd (registered number SC 202659)
Valid from 01/04/2017
9SSocial Care and Social Work Improvement Scotland
Valid from 01/04/2017
10SThe Scottish Social Services Council
Valid from 01/04/2017
11SThe Scottish Sports Council
Valid from 01/04/2017
12SThe chief constable of the Police Service of Scotland
Valid from 01/04/2017
13SThe Scottish Police Authority
Valid from 01/04/2017
14SThe Scottish Fire and Rescue Service
Valid from 01/04/2017
15SThe Scottish Legal Aid Board
Valid from 01/04/2017
16SThe Mental Welfare Commission for Scotland
Valid from 01/04/2017
17SThe Scottish Housing Regulator
Valid from 01/04/2017
18SBòrd na Gàidhlig
Valid from 01/04/2017
19SCreative Scotland
[F120.SAn integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.]
Textual Amendments
(introduced by section 31)
Prospective
1SNHS 24
Prospective
2SNHS National Services Scotland
Prospective
3SScottish Ambulance Service Board
Prospective
4SState Hospitals Board for Scotland
Prospective
5SThe National Waiting Times Centre Board
Prospective
6SSkills Development Scotland Co. Ltd (registered number SC 202659)
Prospective
7SSocial Care and Social Work Improvement Scotland
Prospective
8SThe Scottish Sports Council
Prospective
9SThe chief constable of the Police Service of Scotland
Prospective
10SThe Scottish Police Authority
Prospective
11SThe Scottish Fire and Rescue Service
Prospective
12SThe Commissioner for Children and Young People in Scotland
Prospective
13SA body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
[F214.SAn integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.]
Textual Amendments
F2Sch. 2 para. 14 inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), Sch. para. 13(3)
[F315SThe Principal Reporter.]
Textual Amendments
(introduced by section 44)
Prospective
1SThe Scottish Ministers
Prospective
2SNHS 24
Prospective
3SNHS National Services Scotland
Prospective
4SScottish Ambulance Service Board
Prospective
5SState Hospitals Board for Scotland
Prospective
6SThe National Waiting Times Centre Board
Prospective
7SSkills Development Scotland Co. Ltd (registered number SC 202659)
Prospective
8SSocial Care and Social Work Improvement Scotland
Prospective
9SThe Scottish Sports Council
Prospective
10SThe chief constable of the Police Service of Scotland
Prospective
11SThe Scottish Police Authority
Prospective
12SThe Scottish Fire and Rescue Service
Prospective
13SThe Commissioner for Children and Young People in Scotland
Prospective
14SA body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
[F415.SAn integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.]
Textual Amendments
F4Sch. 3 para. 15 inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), Sch. para. 13(4)
[F516SThe Principal Reporter.]
Textual Amendments
(introduced by section 56)
1SThe Scottish Ministers
Commencement Information
I2Sch. 4 para. 1 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
2SA local authority
Commencement Information
I3Sch. 4 para. 2 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
3SThe National Convener of Children's Hearings Scotland
Commencement Information
I4Sch. 4 para. 3 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
4SChildren's Hearings Scotland
Commencement Information
I5Sch. 4 para. 4 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
5SThe Principal Reporter
Commencement Information
I6Sch. 4 para. 5 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
6SThe Scottish Children's Reporter Administration
Commencement Information
I7Sch. 4 para. 6 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
7SA health board
Commencement Information
I8Sch. 4 para. 7 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
8SA board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978
Commencement Information
I9Sch. 4 para. 8 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
9SHealthcare Improvement Scotland
Commencement Information
I10Sch. 4 para. 9 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
10SThe Scottish Qualifications Authority
Commencement Information
I11Sch. 4 para. 10 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
11SSkills Development Scotland Co. Ltd (registered number SC 202659)
Commencement Information
I12Sch. 4 para. 11 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
12SSocial Care and Social Work Improvement Scotland
Commencement Information
I13Sch. 4 para. 12 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
13SThe Scottish Social Services Council
Commencement Information
I14Sch. 4 para. 13 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
14SThe Scottish Sports Council
Commencement Information
I15Sch. 4 para. 14 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
15SThe chief constable of the Police Service of Scotland
Commencement Information
I16Sch. 4 para. 15 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
16SThe Scottish Police Authority
Commencement Information
I17Sch. 4 para. 16 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
17SThe Scottish Fire and Rescue Service
Commencement Information
I18Sch. 4 para. 17 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
18SThe Scottish Legal Aid Board
Commencement Information
I19Sch. 4 para. 18 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
19SThe Commissioner for Children and Young People in Scotland
Commencement Information
I20Sch. 4 para. 19 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
20SThe Mental Welfare Commission for Scotland
Commencement Information
I21Sch. 4 para. 20 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
21SThe Scottish Housing Regulator
Commencement Information
I22Sch. 4 para. 21 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
22SBòrd na Gàidhlig
Commencement Information
I23Sch. 4 para. 22 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
23SCreative Scotland
Commencement Information
I24Sch. 4 para. 23 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
24SA body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005
Commencement Information
I25Sch. 4 para. 24 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
[F625.SAn integration joint board to which functions in relation to persons under 18 years of age have been delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.]
Textual Amendments
F6Sch. 4 para. 25 inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), Sch. para. 13(5)
(introduced by section 98)
1SIn section 5 of the Social Work (Scotland) Act 1968—
(a)in subsection (1)—
(i)for “1995 and” substitute “ 1995, ”,
(ii)after “2013 (asp 1)” insert “ Part 6 (in so far as it applies to looked after children) and Parts 12 and 13 of the Children and Young People (Scotland) Act 2014 (asp 8) ”,
(b)in subsection (1B), after paragraph (s) insert—
“(t)Part 6 (in so far as it applies to looked after children) of the Children and Young People (Scotland) Act 2014 (asp 8).”,
(c)after subsection (1B) insert—
“(1C)In subsections (1) and (1B) of this section, the references to looked after children are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.”.
Commencement Information
I26Sch. 5 para. 1 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch. (with art. 4)
2(1)The 1980 Act is amended as follows.S
(2)In section 1—
(a)in subsection (1A), for the words from first “as” to “order” substitute “ to the extent required by section 47(1) of the Children and Young People (Scotland) Act 2014 ”,
(b)omit subsections (1B) and (4A),
(c)in subsection (5)(a), for sub-paragraph (i) substitute—
“(i)early learning and childcare;”.
(3)In section 53A(2), for “53(3)” substitute “ 53 ”.
(4)In section 53B—
(a)in subsection (1)—
(i)after “applies” insert “ , subject to subsection (1A), ”,
(ii)for “53(3)” substitute “ 53 ”,
(b)after subsection (1), insert—
“(1A)This section does not apply in such circumstances as the Scottish Ministers may by regulations prescribe.”,
(c)in subsection (5)(b), for “53(3)” substitute “ 53 ”.
(5)In section 133—
(a)in subsection (2), for “(2ZA)” substitute “ (2YA) ”,
(b)after subsection (2), insert—
“(2YA)Subsection (2) above shall not apply to any regulations under section 53(3)(c) of this Act; and such regulations shall be subject to the affirmative procedure.”.
(6)In section 135—
(a)after the definition of “dental treatment” insert—
““early learning and childcare” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014;”,
(b)for the definitions of “nursery school” and “nursery class” substitute—
““nursery schools” and “nursery classes” are schools and classes which provide early learning and childcare;”.
Commencement Information
I27Sch. 5 para. 2(1)(6) in force at 28.6.2014 by S.S.I. 2014/131, art. 2(1)
I28Sch. 5 para. 2(2) in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
I29Sch. 5 para. 2(3) in force at 5.1.2015 by S.S.I. 2014/314, art. 2, Sch.
I30Sch. 5 para. 2(4)(a)(c)(5)(a) in force at 5.1.2015 by S.S.I. 2014/314, art. 2, Sch.
I31Sch. 5 para. 2(4)(b)(5)(b) in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.
I32Sch. 5 para. 2(4)(b)(5)(b) in force at 5.1.2015 in so far as not already in force by S.S.I. 2014/314, art. 2, Sch.
3(1)The Legal Aid (Scotland) Act 1986 is amended as follows.S
(2)In section 28F(1)(b), after “deemed” insert “ , or is no longer to be deemed, ”.
(3)In section 37(2), after “28L(1) or (8),” insert “ 28LA(1), ”.
Commencement Information
I33Sch. 5 para. 3(1)(2) in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
4(1)The 1995 Act is amended as follows.S
(2)Section 19 is repealed.
(3)In section 20, for subsection (2) substitute—
“(2)In subsection (1) above, “relevant services” means services provided by a local authority under or by virtue of—
(a)this Part of this Act;
(b)the Children's Hearings (Scotland) Act 2011;
(c)Part 12 or 13 of the Children and Young People (Scotland) Act 2014; or
(d)any of the enactments mentioned in section 5(1B)(a) to (n), (r) or (t) of the Social Work (Scotland) Act 1968.”.
(4)In section 44—
(a)for subsection (1) substitute—
“(1)No person shall publish any matter in respect of proceedings before a sheriff on an application under section 76(1) of this Act which is intended to, or is likely to, identify—
(a)the child concerned in, or any other child connected (in any way) with, the proceedings; or
(b)any address or school as being that of any such child.”,
(b)in subsection (5)—
(i)omit paragraphs (b) and (c),
(ii)in the full-out, omit “, the Court or the Secretary of State as the case may be”.
Commencement Information
I34Sch. 5 para. 4(1)(4) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.
5(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.S
(2)In section 44(11), in the definition of “secure accommodation” for “2000 Act” in each place where it occurs substitute “Care Standards Act 2000”.
(3)In section 57A(16), in the definition of “relevant services” for “19(2)” substitute “20(2)”.
Commencement Information
I35Sch. 5 para. 5(1)(2) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.
6SParagraph 11 of Schedule 37 to the Education Act 1996 is repealed.
Commencement Information
I36Sch. 5 para. 6 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
7SIn section 34 of the Standards in Scotland's Schools Act 2000—
(a)in paragraph (a), after “Act” insert “ and Part 6 of the Children and Young People (Scotland) Act 2014 ”,
(b)in paragraph (b), for “that Act” substitute “ those Acts ”.
Commencement Information
I37Sch. 5 para. 7 in force at 28.6.2014 by S.S.I. 2014/131, art. 2(1)
8SIn section 73(2)(a) of the Regulation of Care (Scotland) Act 2001—
(a)after first “provided” insert “ under subsection (1) or (5A)(a) of that section ”,
(b)for “the subsection in question” substitute “ subsection (5A)(b) or (5B) of that section ”.
Commencement Information
I38Sch. 5 para. 8 in force at 1.4.2015 by S.S.I. 2015/61, art. 2(1)(2), Sch.
Valid from 01/04/2017
9SIn section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003, in the definition of “relevant services” for “19(2)” substitute “ 20(2) ”.
10(1)The Education (Additional Support for Learning) (Scotland) Act 2004 is amended as follows.S
(2)In section 1(3)—
(a)in paragraph (a), for “a prescribed” substitute “ an eligible ”,
(b)in paragraph (b), for “a prescribed” substitute “ an eligible ”.
(3)In section 5(3)(a), in paragraph (a), for “a prescribed” substitute “ an eligible ”.
(4)In section 29(1)—
(a)after the definition of “co-ordinated support plan” insert—
““eligible pre-school child” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014,”,
(b)omit the definition of “prescribed pre-school child”.
Commencement Information
I39Sch. 5 para. 10 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch.
11(1)The Adoption and Children (Scotland) Act 2007 is amended as follows.S
(2)Section 4 is repealed.
(3)In section 6(1), omit “or 4”.
(4)The title of section 6 becomes “ Assistance in carrying out functions under section 1 ”.
(5)In section 117(5)(a), after sub-paragraph (i) insert—
“(ia)section 13A(2),
(ib)section 13F(1),”.
(6)In section 119(1), in paragraph (b) of the definition of “adoption agency”, after “sections” insert “ 13A, 13D, 13F, ”.
Commencement Information
I40Sch. 5 para. 11(1)(5)(6) in force at 30.9.2015 for specified purposes by S.S.I. 2015/317, art. 2, Sch.
I41Sch. 5 para. 11(1)(5)(6) in force at 1.4.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2
12(1)The Children's Hearings (Scotland) Act 2011 is amended as follows.S
(2)In section 80(1), after “(2)” insert “ or (5A) ”.
(3)In section 81—
(a)in subsection (2), after “must” insert “ , unless that other matter is a matter mentioned in section 79(5A)(a), ”,
(b)in subsection (5)(b), after sub-paragraph (iv) insert—
“(iva)section 81A,”.
(4)In section 94(3), for the second “of” substitute “ given in compliance with section 90(1) in relation to ”.
(5)In section 105, after subsection (1) insert—
“(1A)The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.”.
(6)In section 106, after subsection (1) insert—
“(1A)The reference in subsection (1)(b) to the ground being accepted is, in relation to a ground which was not accepted by virtue of section 90(1B), a reference to all of the supporting facts in relation to the ground being accepted.”.
(7)In section 142, after subsection (1) insert—
“(1A)But this section does not apply where the matter of whether the individual should continue to be deemed to be a relevant person in relation to the child—
(a)has been determined by a meeting of a pre-hearing panel held in relation to the children's hearing, or
(b)is, by virtue of section 80(3), to be determined by the children's hearing.”.
(8)In section 160, for subsection (1)(a) substitute—
“(a)a determination of a pre-hearing panel or a children's hearing that an individual—
(i)is or is not to be deemed a relevant person in relation to a child,
(ii)is to continue to be deemed, or is no longer to be deemed, a relevant person in relation to a child,”.
(9)In section 202(1), after the definition of “super-affirmative procedure” insert—
““supporting facts” has the meaning given by section 90(1D),”.
(10)In schedule 6, in the entry for the 1995 Act—
(a)at the end of the reference to sections 39 to 74 insert “ , except section 44 ”,
(b)in the reference to section 105, omit “44,”.
Commencement Information
I42Sch. 5 para. 12(1)-(9) in force at 26.1.2015 by S.S.I. 2014/353, art. 2(2)(3), Sch.
I43Sch. 5 para. 12(10) in force at 30.9.2015 by S.S.I. 2015/317, art. 2, Sch.
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