Children (Scotland) Act 2020

(2) A person mentioned in subsection (3) may appeal to the Court of Session against a Sheriff Appeal Court's decision in an appeal under subsection (1) only— (a) with the permission of the Sheriff Appeal Court, or (b) if that Court has refused permission, with the permission of the Court of Session. (2A) The Sheriff Appeal Court or the Court of Session may grant permission under subsection (2) only if the Court considers that— (a) the appeal would raise an important point of principle or practice, or (b) there is some other compelling reason for the Court of Session to hear the appeal. (2B) The Sheriff Appeal Court's decision in an appeal under subsection (1) may not be appealed against under section 113 of the Courts Reform (Scotland) Act 2014.

,

• (c) in subsection (4)(b), for “sheriff principal's” substitute “Sheriff Appeal Court's”,

• (d) in subsection (6)(b), for “sheriff principal's” substitute “Sheriff Appeal Court's”,

• (e) in subsection (10), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,

• (f) in subsection (11) the words “(1) or” are repealed,

• (g) the section's title becomes “ Appeals to Sheriff Appeal Court and Court of Session: children's hearings etc. ”.

• (4) In section 164 (appeals to sheriff principal and Court of Session: relevant persons)—

• (a) in subsection (1), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,

• (b) for subsection (2) substitute—

(2) A person mentioned in subsection (3) may appeal to the Court of Session against a Sheriff Appeal Court's decision in an appeal under subsection (1) only— (a) with the permission of the Sheriff Appeal Court, or (b) if that Court has refused permission, with the permission of the Court of Session. (2A) The Sheriff Appeal Court or the Court of Session may grant permission under subsection (2) only if the Court considers that— (a) the appeal would raise an important point of principle or practice, or (b) there is some other compelling reason for the Court of Session to hear the appeal. (2B) The Sheriff Appeal Court's decision in an appeal under subsection (1) may not be appealed against under section 113 of the Courts Reform (Scotland) Act 2014.

,

• (c) in subsection (6), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,

• (d) in subsection (7), the words “(1) or” are repealed,

• (e) the section's title becomes “ Appeals to Sheriff Appeal Court and Court of Session: relevant persons ”.

• (5) In section 165 (appeals to sheriff principal and Court of Session: contact and permanence orders)—

• (a) in subsection (1), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,

• (b) for subsection (2) substitute—

(2) A person mentioned in subsection (3) may appeal to the Court of Session against a Sheriff Appeal Court's decision in an appeal under subsection (1) only— (a) with the permission of the Sheriff Appeal Court, or (b) if that Court has refused permission, with the permission of the Court of Session. (2A) The Sheriff Appeal Court or the Court of Session may grant permission under subsection (2) only if the Court considers that— (a) the appeal would raise an important point of principle or practice, or (b) there is some other compelling reason for the Court of Session to hear the appeal. (2B) The Sheriff Appeal Court's decision in an appeal under subsection (1) may not be appealed against under section 113 of the Courts Reform (Scotland) Act 2014.

,

• (c) in subsection (6), for “sheriff principal or the Court of Session” substitute “ Sheriff Appeal Court ”,

• (d) in subsection (7), the words “(1) or” are repealed,

• (e) the section's title becomes “ Appeals to Sheriff Appeal Court and Court of Session: contact and permanence orders ”.

• (6) In section 167 (appeals to sheriff principal: section 166)—

• (a) in subsection (1), for “sheriff principal” substitute “ Sheriff Appeal Court ”,

• (b) in subsection (2), for “sheriff principal” substitute “ Sheriff Appeal Court ”,

• (c) in subsection (6), for “sheriff principal” substitute “ Sheriff Appeal Court ”,

• (d) the section's title becomes “ Appeals to Sheriff Appeal Court: section 166 ”.

• (7) In section 182 (publishing restrictions), in subsection (9), in paragraph (a)(iv) of the definition of “protected information”, for “sheriff principal” substitute “ Sheriff Appeal Court ”.

Miscellaneous provisions

Conferral of parental responsibilities and parental rights: births registered outwith UK

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• (1) The Children (Scotland) Act 1995 is modified as follows.

• (2) After section 4A insert—

(4B) (1) The Scottish Ministers may by regulations make provision for the conferral of parental responsibilities and parental rights on the following persons— (a) a father who has not acquired those responsibilities and rights under section 3(1)(b), 4 or 11, or (b) a second female parent who has not acquired those responsibilities and rights under section 3(1)(c) or (d), 4A or 11. (2) Regulations under subsection (1) may only make provision for the conferral of parental responsibilities and parental rights on a person in a case where— (a) the child's birth is registered outwith the United Kingdom, (b) the person acquired parental duties, rights or responsibilities in relation to the child through a process specified in the regulations, and (c) the mother of the child has consented to that person acquiring those duties, rights or responsibilities. (3) Regulations under subsection (1) are subject to the negative procedure.

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Extension to sheriff of enforcement powers under Family Law Act 1986

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• (1) The Family Law Act 1986 is modified by subsections (2) and (3).

• (2) After section 29 insert—

(29A) (1) For the purposes of its enforcement, a Part 1 order that is registered in the Court of Session under section 27 is to be regarded as also registered under that section in every sheriff court. (2) A sheriff may entertain an application for the enforcement of a Part 1 order if the sheriff would have jurisdiction under Chapter 3 of this Part to make a Part 1 order in respect of the child concerned. (3) In reading Chapter 3 of this Part for the purposes of subsection (2)— (a) sections 11 and 13 are to be ignored, and (b) any reference to the date of the application is to be read as a reference to the date of the application for the enforcement of the Part 1 order.

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• (3) In section 31(2) (dismissal of enforcement proceedings), after “Court of Session” insert “ or sheriff court ”,

• (4) The Courts Reform (Scotland) Act 2014 is modified by subsection (5).

• (5) In section 43(3)(c) (jurisdiction over persons etc.), after “Part 1” insert “ and section 29A ”.

Delay in proceedings likely to prejudice child’s welfare

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• (1) The Children (Scotland) Act 1995 is modified by subsections (2) and (3).

• (2) In section 11ZA (paramountcy of child's welfare, and the non-intervention presumption) (which is inserted by section 1(4) of this Act), after subsection (2) insert—

(2A) When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.

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• (3) In section 16 (welfare of child and consideration of his views), after subsection (1) insert—

(1A) When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.

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• (4) The Adoption and Children (Scotland) Act 2007 is modified by subsection (5).

• (5) In section 14 (considerations applying to the exercise of powers), after subsection (3) insert—

(3A) When considering the child's welfare, the court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.

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• (6) The Children's Hearings (Scotland) Act 2011 is modified by subsection (7).

• (7) In section 25 (welfare of the child), after subsection (2) insert—

(3) The children's hearing, pre-hearing panel or court is to have regard to any risk of prejudice to the child's welfare that delay in proceedings would pose.

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Final provisions

Review of children’s ability to participate

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• (1) The Scottish Ministers must review the ability of children to effectively participate in the making of decisions in relation to which one of the following enactments requires that the child be given an opportunity to express a view and that regard be had to any view expressed—

• (a) sections 11ZB(1), 11E(3), 11G(2)(b) and 16(2) of the Children (Scotland) Act 1995,

• (b) sections 14(4A) and 84(5) of the Adoption and Children (Scotland) Act 2007,

• (c) section 27(3) of the Children's Hearings (Scotland) Act 2011.

• (2) The review must, in particular, consider the resources required to ensure effective participation by children in the making of the decisions.

• (3) The review must be completed no later than 5 years after the date of Royal Assent.

• (4) As soon as practicable after completing the review, the Scottish Ministers must—

• (a) make a report of the review publicly available, and

• (b) lay a copy of the report before the Scottish Parliament.

• (5) The report must set out—

• (a) the steps, if any, that the Scottish Ministers propose to take in light of the review,

• (b) a proposed timetable for taking the steps, and

• (c) if any of the steps are not to be taken in the parliamentary session during which the copy of the report is laid before the Parliament, an explanation of why the Ministers do not propose to take those steps before that session ends.

• (6) In subsection (5)(c), “parliamentary session” has the meaning given in section 19(1) of the Interests of Members of the Scottish Parliament Act 2006.

Power to replace descriptions with actual dates

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• (1) The Scottish Ministers may by regulations amend—

• (a) section 11B(2) of the Children (Scotland) Act 1995 (“the 1995 Act”), and

• (b) section 11D(3) of the 1995 Act,

so that, instead of referring to the day on which the relevant amending section comes into force, they specify the date on which the relevant amending section actually came into force.

• (2) The relevant amending section—

• (a) in relation to section 11B(2) of the 1995 Act is section 8 of this Act,

• (b) in relation to section 11D(3) of the 1995 Act is section 17 of this Act.

Ancillary provision

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• (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.

• (2) Regulations under this section may—

• (a) make different provision for different purposes,

• (b) modify any enactment (including this Act).

• (3) Regulations under this section—

• (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but

• (b) otherwise are subject to the negative procedure.

Commencement

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• (1) The following provisions come into force on the day after Royal Assent: this section and sections 32, 33 and 35.

• (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

• (3) Regulations under this section—

• (a) may make different provision for different purposes,

• (b) may include transitional, transitory or saving provision.

Short title

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The short title of this Act is the Children (Scotland) Act 2020.

Proceedings under Children (Scotland) Act 1995

Proceedings under Adoption and Children (Scotland) Act 2007

Proceedings under Children's Hearings (Scotland) Act 2011

Vulnerable witnesses: requirement to consider special measures without application in certain cases

Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004

Referrals by solicitors to contact services

Appeal against relevant person decision

Appeals to Sheriff Appeal Court and Court of Session

Conferral of parental responsibilities and parental rights: births registered outwith UK

Delay in proceedings likely to prejudice child's welfare

Editorial notes