EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes provision consequential on the Children and Young People (Scotland) Act 2014 (asp 8) (the “2014 Act”).
Article 1 contains provision relating to citation, commencement and extent. The Order extends to England and Wales and Northern Ireland only.
Article 2(2) modifies section 44 of the Children (Scotland) Act 1995 (c.36) (the “1995 Act”) so that the publishing restrictions in that provision only apply to proceedings before a sheriff on an application under section 76(1) of the 1995 Act (exclusion orders). This is in consequence of paragraph 4(4) of schedule 5 to the 2014 Act which makes the same modifications for Scotland. Section 44 of the 1995 Act extends to Scotland, England and Wales and Northern Ireland by virtue of section 105 of the 1995 Act.
Article 2(3) amends section 93(2) of the 1995 Act so that “child” for the purposes of section 44 of that Act means a person under the age of eighteen years in England and Wales and Northern Ireland as well as in Scotland.
Article 3 amends the definition of “secure accommodation” in section 44(11) of the Criminal Procedure (Scotland) Act 1995 (c.46). This is in consequence of paragraph 5(2) of schedule 5 to the 2014 Act which makes the same amendment for Scotland. Section 44 of that Act extends to Scotland, England and Wales and Northern Ireland by virtue of section 309 of the Criminal Procedure (Scotland) Act 1995.
Article 4 makes a saving provision so that, despite article 2, section 44 of the 1995 Act continues to have effect on or after the date on which article 2 comes into force (the “date”) as it had effect immediately before that date in relation to any proceedings or appeals mentioned in section 44(1) (prior to its modification by article 2) which have or has concluded, or are or is continuing, on that date.