Children (Equal Protection from Assault) (Scotland) Act 2019

Abolition of defence of reasonable chastisement

1

• (1) The rule of law, that the physical punishment of a child in the exercise of a parental right or a right derived from having charge or care of the child is justifiable and is therefore not an assault, ceases to have effect.

• (2) Section 51 (physical punishment of children) of the Criminal Justice (Scotland) Act 2003 is repealed.

Duty of Scottish Ministers to raise awareness

2

The Scottish Ministers must take such steps as they consider appropriate to promote public awareness and understanding about the effect of section 1.

Transitional and saving provision

3

• (1) Section 1 does not apply to anything done before the day on which that section comes into force.

• (2) Accordingly—

• (a) the rule of law mentioned in section 1(1), and

• (b) section 51 of the Criminal Justice (Scotland) Act 2003,

continue to have effect for the purposes of any proceedings ongoing on, or brought on or after, the day section 1 comes into force which relate to an alleged assault on a child committed before that day.

• (3) The Scottish Ministers may by regulations make such further transitional, transitory or saving provision as they consider necessary or expedient in connection with the coming into force of section 1.

• (4) Regulations under subsection (3) are subject to the negative procedure.

Commencement

4

• (1) This section and sections 2, 3(3) and (4) and 5 come into force on the day after Royal Assent.

• (2) The other provisions of this Act come into force on the expiry of the period of 12 months beginning with the day of Royal Assent.

Short title

5

The short title of this Act is the Children (Equal Protection from Assault) (Scotland) Act 2019.