Scottish Statutory Instruments
2015 No. 61 (C. 12)
Children And Young Persons
The Children and Young People (Scotland) Act 2014 (Commencement No. 7) Order 2015
Made
17th February 2015
Laid before the Scottish Parliament
19th February 2015
Coming into force
1st April 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by section 102(3) of the Children and Young People (Scotland) Act 2014(1).
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 7) Order 2015 and comes into force on 1st April 2015.
(2) In this Order “the 2014 Act” means the Children and Young People (Scotland) Act 2014.
Appointed days
2.—(1) 1st April 2015 is the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (the subject-matter of which is described in column 2 of the Schedule).
(2) Where a purpose is specified in column 3 of the Schedule to this Order in relation to any provision specified in column 1 of that Schedule, that provision comes into force on 1st April 2015 for that purpose only.
(3) 15th June 2015 is the day appointed for the coming into force of sections 1 (duties of Scottish Ministers in relation to the rights of children) and 4 (interpretation of Part 1) of the 2014 Act.
FIONA McLEOD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
17th February 2015
Article 2(1) and (2)
SCHEDULE
Column 1 Provisions of the 2014 Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 56 | Corporate parents | |
| Section 57 (so far as not already in force) | Application of Part: children and young people | |
| Section 58 | Corporate parenting responsibilities | |
| Section 59 | Planning by corporate parents | |
| Section 60 | Collaborative working among corporate parents | |
| Section 61 | Reports by corporate parents | |
| Section 62 | Duty to provide information to Scottish Ministers | |
| Section 63 | Guidance on corporate parenting | |
| Section 64 | Directions to corporate parents | |
| Section 65 | Reports by Scottish Ministers | |
| Section 66 (so far as not already in force) | Provision of aftercare to young people | |
| Section 67(1) (so far as not already in force) | Continuing care: looked after children | |
| Section 67(2) | Continuing care: looked after children | |
| Section 96 | Assessment of wellbeing | For the purposes of sections 58(1)(a) and (d) and 60(1) of the 2014 Act |
| Section 98 | Modification of enactments (consequential amendments) | For the purpose of commencing paragraph 8 of schedule 5 to the 2014 Act |
| Schedule 4 | Corporate parents | |
| Schedule 5, paragraph 8 | Consequential amendments |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force Parts 9 (corporate parenting), 10 (aftercare) and 11 (continuing care) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) on 1st April 2015 (article 2 and the Schedule). This covers sections 56 to 67 of the 2014 Act and schedule 4 to that Act (which relates to corporate parenting). Sections 57, 66 and 67(1) of the 2014 Act, which were commenced partially on 1st August 2014 for the limited purposes of enabling Scottish Ministers to make secondary legislation, are commenced by this Order on 1st April 2015 in so far as they are not already in force. Sections 96 (assessment of wellbeing) and 98 (modification of enactments) of the 2014 Act are commenced partially for limited purposes on 1st April 2015 (section 98 only for the purpose of commencing paragraph 8 of schedule 5 to the 2014 Act).
This Order also brings into force sections 1 and 4 of the 2014 Act on 15th June 2015 (article 2(3)). Section 1 places duties on Scottish Ministers in relation to the rights of children and section 4 is a related interpretation provision.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The Bill for the 2014 Act received Royal Assent on 27th March 2014. Section 102(1) brought Part 18 of the 2014 Act into force on the day after Royal Assent (apart from sections 96, 97 and 98). Section 102(2) brought subsections (2) to (5) of section 47 (duty to secure provision of early learning and childcare) into force on the day after Royal Assent. The provisions of the 2014 Act commenced by earlier commencement orders are detailed below.
| Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
| Section 46 | 28th June 2014 | 2014/131 |
| Section 47(1) and (6) | 1st August 2014 | 2014/131 |
| Section 48 | 1st August 2014 | 2014/131 |
| Section 49 | 1st August 2014 | 2014/131 |
| Section 50 | 1st August 2014 | 2014/131 |
| Section 51 | 1st August 2014 | 2014/131 |
| Section 52 | 1st August 2014 | 2014/131 |
| Section 53 | 1st August 2014 | 2014/131 |
| Section 54 | 1st August 2014 | 2014/131 |
| Section 55 | 1st August 2014 | 2014/131 |
| Section 57 (partially) | 1st August 2014 | 2014/131 |
| Section 66 (partially) | 1st August 2014 | 2014/131 |
| Section 67(1) (partially) | 1st August 2014 | 2014/131 |
| Section 68 (partially) | 1st August 2014 | 2014/131 |
| Section 69 | 1st August 2014 | 2014/131 |
| Section 70 | 1st August 2014 | 2014/131 |
| Section 71 (partially) | 1st August 2014 | 2014/131 |
| Section 72 | 1st August 2014 | 2014/131 |
| Section 73 (partially) | 1st August 2014 | 2014/131 |
| Section 74 | 1st August 2014 | 2014/131 |
| Section 76 | 1st August 2014 | 2014/165 |
| Section 77 | 1st August 2014 | 2014/165 |
| Section 78 | 1st August 2014 | 2014/165 |
| Section 79 | 1st August 2014 | 2014/165 |
| Section 80 | 1st August 2014 | 2014/165 |
| Section 81(1)(a), (b) and (c) and (3)(b) | 1st August 2014 | 2014/165 |
| Section 81(4) (partially) | 1st August 2014 | 2014/165 |
| Section 81(4) (partially) | 6th October 2014 | 2014/251 |
| Section 81(4) (partially) | 9th January 2015 | 2014/353 |
| Section 81(4) (partially) | 9th January 2015 | 2014/365 |
| Section 81(5) (partially) | 1st August 2014 | 2014/165 |
| Section 81(5) (so far as not already commenced) | 9th January 2015 | 2014/353 |
| Section 81(7) | 9th January 2015 | 2014/353 |
| Section 81(8)(b) (partially) | 1st August 2014 | 2014/165 |
| Section 81(9) (partially) | 6th October 2014 | 2014/251 |
| Section 81(9) (so far as not already commenced) | 9th January 2015 | 2014/365 |
| Section 81 (10) | 9th January 2015 | 2014/353 |
| Section 81 (11)(a) | 9th January 2015 | 2014/353 |
| Section 81 (12) | 9th January 2015 | 2014/353 |
| Section 82 | 26th January 2015 | 2014/353 |
| Section 83 | 26th January 2015 | 2014/353 |
| Section 84 | 26th January 2015 | 2014/353 |
| Section 85 | 26th January 2015 | 2014/353 |
| Section 86 | 26th January 2015 | 2014/353 |
| Section 87 | 26th January 2015 | 2014/353 |
| Section 88 | 26th January 2015 | 2014/353 |
| Section 89 | 26th January 2015 | 2014/353 |
| Section 90 | 26th January 2015 | 2014/353 |
| Section 91 (partially) | 1st August 2014 | 2014/131 |
| Section 93(6) (partially) | 1st August 2014 | 2014/131 |
| Section 93 (so far as not already commenced) | 5th January 2015 | 2014/314 |
| Section 94 | 1st August 2014 | 2014/131 |
| Section 96 (partially) | 1st August 2014 | 2014/131 |
| Section 97 | 1st August 2014 | 2014/131 |
| Section 98 (partially) | 28th June 2014 | 2014/131 |
| Section 98 (partially) | 1st August 2014 | 2014/131 |
| Section 98 (partially) | 5th January 2015 | 2014/314 |
| Section 98 (partially) | 26th January 2015 | 2014/353 |
| Schedule 5, paragraph 1 | 1st August 2014 | 2014/131 |
| Schedule 5, paragraph 2(1) and (6) | 28th June 2014 | 2014/131 |
| Schedule 5, paragraph 2(2) | 1st August 2014 | 2014/131 |
| Schedule 5, paragraph 2(3) | 5th January 2015 | 2014/314 |
| Schedule 5, paragraph 2(4)(b) (partially) | 1st August 2014 | 2014/131 |
| Schedule 5, paragraph 2(4) (so far as not already commenced) | 5th January 2015 | 2014/314 |
| Schedule 5, paragraph 2(5)(b) (partially) | 1st August 2014 | 2014/131 |
| Schedule 5, paragraph 2(5) (so far as not already commenced) | 5th January 2015 | 2014/314 |
| Schedule 5, paragraph 3(1) and (2) | 26th January 2015 | 2014/353 |
| Schedule 5, paragraph 6 | 1st August 2014 | 2014/131 |
| Schedule 5, paragraph 7 | 28th June 2014 | 2014/131 |
| Schedule 5, paragraph 10 | 1st August 2014 | 2014/131 |
| Schedule 5, paragraph 12(1) to (9) | 26th January 2015 | 2014/353 |