The Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the 1995 Act” means the Children (Scotland) Act 1995;

“appellant” means any person who has made representations under regulation 16 relating to the matters referred to therein concerning section 29(1) or (2) of the 1995 Act;

“compulsorily supported person” means a young person to whom a local authority is obliged to provide advice, guidance and assistance in terms of section 29(1) of the 1995 Act;

“currently looked after person” means a person who is over school age, but is less than eighteen years of age and who is being looked after by a local authority;

“discretionarily supported person” means a young person to whom a local authority has agreed to provide advice, guidance and assistance in terms of section 29(2) of the 1995 Act;

“further education” has the meaning given to it in sections 1 and 6 of the Further and Higher Education (Scotland) Act 1992(1);

“higher education” has the meaning given to it in section 38 of the Further and Higher Education (Scotland) Act 1992;

“independent person” means a person appointed by the local authority under regulation 19 to assist in considering an appeal under these Regulations, which person shall not be a member of the political party forming the ruling group on the local authority or an officer of any local authority, and who has not been such a member or officer during the period of one year prior to being appointed to assist in considering an appeal under these Regulations;

“looked after” has the meaning given to it in section 17(6) of the 1995 Act;

“nominated officer” means the officer appointed under regulation 16(3).

“parent” has the meaning given to it in section 15(1) of the 1995 Act;

“parental responsibilities” has the meaning given to it in section 1 of the 1995 Act;

“pathway assessment” means an assessment of need carried out under section 29(5) of the 1995 Act;

“pathway co ordinator” means a person appointed by the responsible authority in terms of regulations 4 or 6;

“pathway plan” means a written plan setting out details of the advice, guidance and assistance that a local authority intends to provide pursuant to its duties under section 29(1) or 29(2) of the 1995 Act;

“pathway views” means the views of the young person given under regulation 3;

“prospective supported person” means a young person who has made an application to a local authority for assistance in terms of section 29(2) of the 1995 Act which has yet to be determined;

“responsible authority” means–

(a)

in relation to a currently looked after person, the local authority looking after that person; and

(b)

in relation to a compulsorily supported or a discretionarily supported person, the local authority which last looked after the person; and

“young person’s supporter” means a person appointed by the responsible authority in terms of regulation 5.

(2) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(2), which has been recorded and is consequently capable of being reproduced.

(1)

1992 c. 37.

(2)

2000 c. 7. Section 15 contains a definition of “electronic communications”.