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Children Act 2004

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This is the original version (as it was originally enacted).

6Functions of Commissioner in Scotland

This section has no associated Explanatory Notes

(1)The Children’s Commissioner has the function of promoting awareness of the views and interests of children in Scotland in relation to reserved matters.

(2)Subsections (2) to (12) of section 2 apply in relation to the function of the Children’s Commissioner under subsection (1) above as in relation to his function under that section.

(3)In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People in Scotland.

(4)Where the Children’s Commissioner considers that the case of an individual child in Scotland raises issues of public policy of relevance to other children in relation to a reserved matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5)Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.

(6)Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.

(7)Where the Secretary of State considers that the case of an individual child in Scotland raises issues of relevance to other children in relation to a reserved matter, he may direct the Children’s Commissioner to hold an inquiry into that case.

(8)Subsections (2) to (6) of section 4 apply in relation to an inquiry under subsection (7) above.

(9)Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 apply for the purposes of an inquiry under subsection (7) above with the substitution (notwithstanding the provisions of section 53 of the Scotland Act 1998 (c. 46) (general transfer of functions to the Scottish Ministers)) of references to the Secretary of State for references to the Minister.

(10)In this section, “reserved matter” has the same meaning as in the Scotland Act 1998 (see section 30 of and Schedule 5 to that Act).

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