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Children (Scotland) Act 1995
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Children (Scotland) Act 1995, Section 23A is up to date with all changes known to be in force on or before 01 November 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.
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- Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This amendment not applied to legislation.gov.uk. These Regulations never came into effect, having been revoked before coming into force by S.I. 2010/1906, reg. 2)
- Act power to modify conferred by 2010 asp 8, s. 190(2A) (as substituted) by 2024 asp 5 s. 29(2)(b)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3(3A)(ba) inserted by 2009 c. 24 Sch. 6 para. 25
- s. 4B inserted by 2020 asp 16 s. 28(2)
- s. 6(1A)-(1D) inserted by 2020 asp 16 s. 1(2)(b)
- s. 10(1A) inserted by 2024 asp 2 Sch. 1 para. 18(b)
- s. 11(14) inserted by 2020 asp 16 s. 10(2)(b)
- s. 11B 11C inserted by 2020 asp 16 s. 8(2)
- s. 11B(2) power to amend conferred by 2020 asp 16 s. 32
- s. 11D inserted by 2020 asp 16 s. 17(2)
- s. 11D(3) power to amend conferred by 2020 asp 16 s. 32
- s. 11E inserted by 2020 asp 16 s. 18(2)
- s. 11F inserted by 2020 asp 16 s. 20(2)
- s. 11G inserted by 2020 asp 16 s. 22(2)
- s. 11ZA 11ZB inserted by 2020 asp 16 s. 1(4)
- s. 11ZA(2A) inserted by 2020 asp 16 s. 30(2)
- s. 11ZA(3)(f) inserted by 2020 asp 16 s. 16(2)
- s. 16(1A) inserted by 2020 asp 16 s. 30(3)
- s. 16(2)-(2B) substituted for s. 16(2) by 2020 asp 16 s. 1(6)
- s. 33A inserted by 2024 asp 5 s. 30(2)
- s. 100A inserted by 2020 asp 16 s. 21(2)
- s. 101D inserted by 2020 asp 16 s. 11(2)
- s. 101E inserted by 2020 asp 16 s. 12(2)
[F123ASections 17, 22 and 26A: consideration of wellbeingS
(1)This section applies where a local authority is exercising a function under or by virtue of section 17, 22 or 26A of this Act.
(2)The local authority must have regard to the general principle that functions should be exercised in relation to children and young people in a way which is designed to safeguard, support and promote their wellbeing.
(3)For the purpose of subsection (2) above, the local authority is to assess the wellbeing of a child or young person by reference to the extent to which the matters listed in section 96(2) of the 2014 Act are or, as the case may be, would be satisfied in relation to the child or young person.
(4)In assessing the wellbeing of a child or young person as mentioned in subsection (3) above, a local authority is to have regard to the guidance issued under section 96(3) of the 2014 Act.
(5)In this section, “the 2014 Act” means the Children and Young People (Scotland) Act 2014.]
Textual Amendments
F1S. 23A inserted (S.) (31.8.2016) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 95, 102(3); S.S.I. 2016/60, art. 2(b)
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