Children (Scotland) Act 1995

105 Extent, short title, minor and consequential amendments, repeals and commencement. U.K.

(1) This Act, which subject to subsections (8) to (10) below extends to Scotland only—

(a) may be cited as the Children (Scotland) Act 1995; and

(b) except for subsections (1), (2) and (6) to (10) of this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint;

and different days may be appointed under paragraph (b) above for different purposes.

(2) An order under subsection (1)(b) above may contain such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.

(3) The transitional provisions and savings contained in Schedule 3 to this Act shall have effect but are without prejudice to sections 16 and 17 of the M1 Interpretation Act 1978 (effect of repeals).

(4) Schedule 4 to this Act, which contains minor amendments and amendments consequential upon the provisions of this Act, shall have effect.

(5) The enactments mentioned in Schedule 5 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

(6) The Secretary of State may by order made by statutory instrument make such further amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.

(7) A statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Sections 18, 26(2), 33, 44, F1 F2 ..., 93 and 104 of this Act and this section extend to England and Wales, and those sections and this section F2 ... also extend to Northern Ireland; but—

(a) subsection (4) of this section so extends—

(i) to England and Wales, only in so far as it relates to paragraphs 8, 10, 19, 31, 37, 41(1), (2) and (7) to (9), 48 to 52, 54 and 55 of Schedule 4; and

(ii) to Northern Ireland, only in so far as it relates to paragraphs 31, 37, 41(1), (2) and (7) to (9), 54, 55 and 58 of that Schedule; and

(b) subsection (5) of this section so extends—

(i) to England and Wales, only in so far as it relates to the entries in Schedule 5 in respect of Part V of the M2 Social Work (Scotland) Act 1968, the M3 Maintenance Orders (Reciprocal Enforcement) Act 1972, section 35(4)(c) of the M4 Family Law Act 1986, the M5 Children Act 1989, the M6 Child Support Act 1991 and the M7 Education Act 1993; and

(ii) to Northern Ireland, only in so far as it relates to the entries in that Schedule in respect of Part V of the Social Work (Scotland) Act 1968, the Maintenance Orders (Reciprocal Enforcement) Act 1972 and section 35(4)(c) of the Family Law Act 1986.

(9) This section, so far as it relates to the repeal of Part V of the Social Work (Scotland) 1968, also extends to the Channel Islands.

F3 F4 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P1 S. 105(1)(b) power partly exercised (24.10.1995): 1.11.1995 appointed for specified provisions by S.I. 1995/2787, art. 3, Sch.

S. 105(1)(b) power partly exercised (22.8.1996): different dates appointed for specified provisions by S.I. 1996/2203, art. 3, Sch. (with arts. 4-7) (as amended (18.10.1996) by S.I. 1996/2708, art. 2 and (19.1.1997) by S.I. 1997/137, art. 2)

S. 105(1)(b) power partly exercised (11.12.1996): different dates appointed for specified provisions by S.I. 1996/3201, art. 3(1)-(7) (with arts. 4-6) (as amended (11.12.1996) by S.I. 1997/744, arts. 2, 3)

S. 105(1) power partly exercised (20.12.2001): 22.1.2002 appointed for specified provisions by S.S.I. 2001/475, art. 2

S. 105(1) power partly exercised (21.1.2002): 22.1.2002 appointed for specified provisions and certain purposes by S.S.I. 2002/12 art. 2

Textual Amendments

F1 Words in s. 105(8) repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (as amended (30.9.2015) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 12(10)(b); S.S.I. 2015/317, art. 2, Sch.); S.S.I. 2013/195, arts. 2, 3(e)(iii)

F2 Words in s. 105(8) repealed (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 2 Pt. 2

F3 S. 105(10) repealed (S.) (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186); S.S.I. 2013/195, arts. 2, 3

F4 S. 105(10) repealed (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 2 Pt. 2

Commencement Information

I1 S. 105 wholly in force at 1.4.1997: s. 105(1)(2)(6)-(10) in force at Royal Assent see s. 105(1); s. 105(4)(5) in force for certain purposes at 1.11.1995 by S.I. 1995/2787, art. 3, Sch.; s. 105(3)-(5) in force for certain purposes at 1.11.1996 by S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7) (as amended (19.1.1997) by S.I. 1997/137, art. 2); s. 105(4) in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(6) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 105 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

Marginal Citations

M1 1978 c.30.

M2 1968 c.49.

M3 1972 c.18.

M4 1986 c.55.

M5 1989 c.41.

M6 1991 c.48.

M7 1993 c.35.