Coronavirus Act 2020

40 (1) An individual who has responsibility for a child must, so far as reasonably practicable, secure that the child complies with any direction, instruction, requirement or restriction given to or imposed on the child under this Part of this Schedule. U.K.

(2) An individual who has responsibility for a child must provide to a person exercising a power under this Part of this Schedule such information and assistance in relation to the child as is reasonably necessary and practicable in the circumstances.

(3) A power under this Part of this Schedule to direct or require a child to go to a place may instead be exercised by directing or requiring an individual who has responsibility for the child to take the child to the place.

(4) A power under paragraph 31 or 35 may only be exercised in relation to a child in the presence of—

(a) an individual who has responsibility for the child, or

(b) if the child is not accompanied by such an individual, an adult (not being a person on whom powers are conferred under this Part of this Schedule) that the person exercising the power considers to be appropriate, having regard to any views of the child.

(5) Where a power under this Part of this Schedule is exercisable in relation to a child but the child is not accompanied by an individual who has responsibility for the child, the person by whom the power is exercisable must—

(a) if practicable, contact an individual who has responsibility for the child before the power is exercised, or

(b) if that is not practicable, take reasonable steps after the power is exercised to contact such an individual and inform them of any exercise of the power in relation to the child.

(6) Where a child has a right of appeal (see paragraph 38), the right may be exercised by an individual who has responsibility for the child.

(7) For the purposes of this paragraph—

• “adult” means a person aged 16 or over;

• “child” means a person under the age of 16;

• an individual has responsibility for a child—

  (a)

  if the individual has custody or charge of the child for the time being (without being a person on whom powers are conferred by this Part of this Schedule), or

  (b)

  if the individual has parental responsibilities or parental rights in relation to the child (see sections 1(3) and 2(4) of the Children (Scotland) Act 1995).