Child Poverty Act 2010

Strategies: duties of Scottish Ministers and relevant Northern Ireland department

11 Scottish strategies

(1) The Scottish Ministers must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish and lay before the Scottish Parliament the first Scottish strategy.

(2) A “Scottish strategy” is a strategy under this section setting out the measures that the Scottish Ministers propose to take—

(a) for the purpose of contributing to the compliance by the Secretary of State with section 2 (duty to ensure that targets are met), and

(b) for the purpose of ensuring as far as possible that children in Scotland do not experience socio-economic disadvantage.

(3) Before the end of the period to which a Scottish strategy relates, the Scottish Ministers must review the strategy and publish and lay before the Scottish Parliament a revised Scottish strategy, but this subsection does not apply after the beginning of the target year.

(4) A Scottish strategy must—

(a) where it relates to a period ending before the end of the target year—

(i) describe the progress that the Scottish Ministers intend to make in Scotland by the end of the period to which the strategy relates in contributing to the meeting of the targets in sections 3 to 6 in relation to the target year,

(ii) describe the other progress that the Scottish Ministers intend to make by the end of the period to which the strategy relates in achieving the purpose mentioned in subsection (2)(b), and

(b) describe the progress that the Scottish Ministers intend to make by the end of the target year in achieving the purpose mentioned in subsection (2)(b), otherwise than by contributing to the meeting of the targets.

(5) A Scottish strategy other than the first must also—

(a) describe the measures taken by the Scottish Ministers in accordance with the previous Scottish strategy,

(b) describe the effect of those measures in contributing to the meeting of the targets in sections 3 to 6, and

(c) describe other effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).

(6) A Scottish strategy may not include proposals that relate to reserved matters, within the meaning of the Scotland Act 1998.

(7) The Scottish Ministers must, on or before each report date relating to a Scottish strategy, lay before the Scottish Parliament a report which—

(a) describes the measures taken by the Scottish Ministers in accordance with the Scottish strategy,

(b) describes the effect of those measures in contributing to the meeting of the targets in sections 3 to 6, and

(c) describes other effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).

(8) The report dates relating to a Scottish strategy are each anniversary of the day on which it was laid before the Scottish Parliament, other than an anniversary which falls—

(a) on or after the date on which a subsequent Scottish strategy is so laid, or

(b) after the end of the target year.

(9) References in this section to the period to which a Scottish strategy relates are references to the period beginning with the date on which the Scottish strategy is laid before the Scottish Parliament and—

(a) except in the case of a Scottish strategy laid before that Parliament less than 3 years before the beginning of the target year, ending 3 years later, and

(b) in that excepted case, ending with the target year.

12 Northern Ireland strategies

(1) The relevant Northern Ireland department must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish and lay before the Northern Ireland Assembly the first Northern Ireland strategy.

(2) A “Northern Ireland strategy” is a strategy under this section setting out the measures that the Northern Ireland departments propose to take—

(a) for the purpose of contributing to the compliance by the Secretary of State with section 2 (duty to ensure that targets are met), and

(b) for the purpose of ensuring as far as possible that children in Northern Ireland do not experience socio-economic disadvantage.

(3) Before the end of the period to which a Northern Ireland strategy relates, the relevant Northern Ireland department must review the strategy and publish and lay before the Northern Ireland Assembly a revised Northern Ireland strategy, but this subsection does not apply after the beginning of the target year.

(4) A Northern Ireland strategy must—

(a) where it relates to a period ending before the end of the target year—

(i) describe the progress that the Northern Ireland departments intend to make in Northern Ireland by the end of the period to which the strategy relates in contributing to the meeting of the targets in sections 3 to 6 in relation to the target year,

(ii) describe the other progress that the Northern Ireland departments intend to make by the end of the period to which the strategy relates in achieving the purpose mentioned in subsection (2)(b), and

(b) describe the progress that the Northern Ireland departments intend to make by the end of the target year in achieving the purpose mentioned in subsection (2)(b), otherwise than by contributing to the meeting of the targets.

(5) A Northern Ireland strategy other than the first must also—

(a) describe the measures taken by the Northern Ireland departments in accordance with the previous Northern Ireland strategy,

(b) describe the effect of those measures in contributing to the meeting of the targets in sections 3 to 6, and

(c) describe other effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).

(6) A Northern Ireland strategy may not include proposals that relate to excepted or reserved matters, within the meaning of the Northern Ireland Act 1998.

(7) The relevant Northern Ireland department must, on or before each report date relating to a Northern Ireland strategy, lay before the Northern Ireland Assembly a report which—

(a) describes the measures taken by the Northern Ireland departments in accordance with the Northern Ireland strategy,

(b) describes the effect of those measures in contributing to the meeting of the targets in sections 3 to 6, and

(c) describes other effects of those measures that contribute to the achievement of the purpose mentioned in subsection (2)(b).

(8) The report dates relating to a Northern Ireland strategy are each anniversary of the day on which it was laid before the Northern Ireland Assembly, other than an anniversary which falls—

(a) on or after the date on which a subsequent Northern Ireland strategy is so laid, or

(b) after the end of the target year.

(9) References in this section to the period to which a Northern Ireland strategy relates are references to the period beginning with the date on which the Northern Ireland strategy is laid before the Northern Ireland Assembly and—

(a) except in the case of a Northern Ireland strategy laid before the Assembly less than 3 years before the beginning of the target year, ending 3 years later, and

(b) in that excepted case, ending with the target year.

13 Advice and consultation: Scotland and Northern Ireland

(1) In preparing a Scottish strategy or a Northern Ireland strategy, the devolved administration must request the advice of the Commission, and specify in the request the date by which the advice is to be given.

(2) The devolved administration must have regard to any advice given by the Commission under this section.

(3) In preparing a Scottish strategy or a Northern Ireland strategy, the devolved administration—

(a) in the case of a Scottish strategy, must consult such local authorities or associations of local authorities in Scotland as the devolved administration thinks fit,

(b) must consult the Secretary of State,

(c) must consult such children, and organisations working with or representing children, as the devolved administration thinks fit,

(d) must consult such parents, and organisations working with or representing parents, as the devolved administration thinks fit, and

(e) may consult such other persons as the devolved administration thinks fit.

(4) In this section “the devolved administration” means—

(a) in relation to a Scottish strategy, the Scottish Ministers, and

(b) in relation to a Northern Ireland strategy, the relevant Northern Ireland department.