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Reform history

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

4 versions · 2024-01-16

2024-07-16

United Nations Convention on the Rights of the Child (Incorporation) (S

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Changes on 2024-07-16

@@ -24,9 +24,9 @@

##### 2

- (1) References in the UNCRC requirements to a State Party, States Parties and related expressions are to be read for the purposes of this Act as set out in subsections [(2)](https://www.legislation.gov.uk/asp/2024/1/section/2/2/2024-01-31) and [(3)](https://www.legislation.gov.uk/asp/2024/1/section/2/3/2024-01-31).

- (2) Unless subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/2/3/2024-01-31) applies—

- (1) References in the UNCRC requirements to a State Party, States Parties and related expressions are to be read for the purposes of this Act as set out in subsections [(2)](https://www.legislation.gov.uk/asp/2024/1/section/2/2/2024-07-16) and [(3)](https://www.legislation.gov.uk/asp/2024/1/section/2/3/2024-07-16).

- (2) Unless subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/2/3/2024-07-16) applies—

- (a) a reference to a State Party is to be read as including reference to a public authority, and

@@ -66,13 +66,13 @@

- (c) add provisions of the Convention, the first optional protocol or the second optional protocol that are not for the time being set out in the schedule.

- (2) Regulations may be made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/a/2024-01-31) only if the protocol is one which the United Kingdom has ratified.

- (3) Regulations may be made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-01-31)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/b/2024-01-31) only if the amendment is one which is binding on the United Kingdom.

- (4) No modification may be made by regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/a/2024-01-31) or [(b)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/b/2024-01-31) so as to come into force before the protocol or amendment has entered into force in relation to the United Kingdom.

- (5) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-01-31) may make such consequential modification to sections [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-01-31), [4](https://www.legislation.gov.uk/asp/2024/1/section/4/2024-01-31), [15](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-01-31) and [42](https://www.legislation.gov.uk/asp/2024/1/section/42/2024-01-31) as the Scottish Ministers consider appropriate.

- (2) Regulations may be made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/a/2024-07-16) only if the protocol is one which the United Kingdom has ratified.

- (3) Regulations may be made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-07-16)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/b/2024-07-16) only if the amendment is one which is binding on the United Kingdom.

- (4) No modification may be made by regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/a/2024-07-16) or [(b)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/b/2024-07-16) so as to come into force before the protocol or amendment has entered into force in relation to the United Kingdom.

- (5) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-07-16) may make such consequential modification to sections [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-07-16), [4](https://www.legislation.gov.uk/asp/2024/1/section/4/2024-07-16), [15](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-07-16) and [42](https://www.legislation.gov.uk/asp/2024/1/section/42/2024-07-16) as the Scottish Ministers consider appropriate.

- (6) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

@@ -82,7 +82,7 @@

- (c) such other persons as they consider appropriate.

- (7) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-01-31) are subject to the affirmative procedure.

- (7) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/3/1/2024-07-16) are subject to the affirmative procedure.

### Interpretation of the UNCRC requirements

@@ -90,7 +90,7 @@

##### 4

- (1) A court or tribunal which is determining a question in connection with the UNCRC requirements which has arisen in proceedings before it may take into account the things mentioned in subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/4/2/2024-01-31) so far as it is relevant to the interpretation of the UNCRC requirements in those proceedings.

- (1) A court or tribunal which is determining a question in connection with the UNCRC requirements which has arisen in proceedings before it may take into account the things mentioned in subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/4/2/2024-07-16) so far as it is relevant to the interpretation of the UNCRC requirements in those proceedings.

- (2) The things are—

@@ -126,9 +126,9 @@

- (1) If the United Kingdom ratifies the third optional protocol, the Scottish Ministers must by regulations modify section 4 as they consider appropriate to take account of the third optional protocol.

- (2) No modification may be made by regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/5/1/2024-01-31) so as to come into force before the third optional protocol has entered into force in relation to the United Kingdom.

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/5/1/2024-01-31) are subject to the negative procedure.

- (2) No modification may be made by regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/5/1/2024-07-16) so as to come into force before the third optional protocol has entered into force in relation to the United Kingdom.

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/5/1/2024-07-16) are subject to the negative procedure.

## Part 2 — Duties on public authorities

@@ -138,9 +138,9 @@

##### 6

- (1) It is unlawful (subject to [subsection (4)](https://www.legislation.gov.uk/asp/2024/1/section/6/4/2024-01-31)) for a public authority to act, or fail to act, in connection with a relevant function in a way which is incompatible with the UNCRC requirements.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31), a “*relevant function*” means a function that—

- (1) It is unlawful (subject to [subsection (4)](https://www.legislation.gov.uk/asp/2024/1/section/6/4/2024-07-16)) for a public authority to act, or fail to act, in connection with a relevant function in a way which is incompatible with the UNCRC requirements.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16), a “*relevant function*” means a function that—

- (a) it is within the legislative competence of the Scottish Parliament to confer on the authority, and

@@ -158,13 +158,13 @@

- (iv) a rule of law not created by an enactment.

- (3) In [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/2024-01-31), “*relevant enabling power*” means a power to make subordinate legislation conferred by a provision in an enactment of a kind mentioned in that subsection, unless the provision was inserted by an enactment of a kind that is not mentioned in that subsection.

- (4) But [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31) does not make unlawful doing or failing to do something if the authority was required or entitled to act in that way by words that—

- (a) are not contained in an enactment of a kind mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/2024-01-31)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/b/2024-01-31), or

- (b) are contained in such an enactment having been inserted into it by an enactment of a kind that is not mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/2024-01-31)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/b/2024-01-31).

- (3) In [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/2024-07-16), “*relevant enabling power*” means a power to make subordinate legislation conferred by a provision in an enactment of a kind mentioned in that subsection, unless the provision was inserted by an enactment of a kind that is not mentioned in that subsection.

- (4) But [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16) does not make unlawful doing or failing to do something if the authority was required or entitled to act in that way by words that—

- (a) are not contained in an enactment of a kind mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/2024-07-16)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/b/2024-07-16), or

- (b) are contained in such an enactment having been inserted into it by an enactment of a kind that is not mentioned in [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/2024-07-16)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/6/2/b/2024-07-16).

- (5) In this section, “public authority”—

@@ -174,15 +174,15 @@

- (ii) a court or tribunal,

- (iii) any person certain of whose functions are functions of a public nature (but see subsection [(8)](https://www.legislation.gov.uk/asp/2024/1/section/6/8/2024-01-31)),

- (iii) any person certain of whose functions are functions of a public nature (but see subsection [(8)](https://www.legislation.gov.uk/asp/2024/1/section/6/8/2024-07-16)),

- (b) does not include the Scottish Parliament or a person carrying out functions in connection with proceedings in the Scottish Parliament.

- (6) For the purposes of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/2024-01-31)[(iii)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/iii/2024-01-31), “*functions of a public nature*” includes, in particular, functions carried out under a contract or other arrangement with a public authority.

- (7) Functions are not excluded from being functions of a public nature for the purposes of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/2024-01-31)[(iii)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/iii/2024-01-31) solely because they are not publicly funded.

- (8) In relation to a particular act, a person is not a public authority by virtue only of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/2024-01-31)[(iii)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/iii/2024-01-31) if the nature of the act is private.

- (6) For the purposes of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/2024-07-16)[(iii)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/iii/2024-07-16), “*functions of a public nature*” includes, in particular, functions carried out under a contract or other arrangement with a public authority.

- (7) Functions are not excluded from being functions of a public nature for the purposes of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/2024-07-16)[(iii)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/iii/2024-07-16) solely because they are not publicly funded.

- (8) In relation to a particular act, a person is not a public authority by virtue only of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/2024-07-16)[(iii)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/a/iii/2024-07-16) if the nature of the act is private.

### Remedies for unlawful acts

@@ -190,23 +190,23 @@

##### 7

- (1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31) may—

- (1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16) may—

- (a) bring proceedings against the authority under this Act in any civil court or tribunal which has jurisdiction to grant the remedy sought, or

- (b) rely on the UNCRC requirements concerned in any legal proceedings.

- (2) In subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-01-31), proceedings against an authority include a counterclaim or similar proceeding.

- (3) In subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-01-31)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/b/2024-01-31), “*legal proceedings*” includes—

- (2) In subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-07-16), proceedings against an authority include a counterclaim or similar proceeding.

- (3) In subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-07-16)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/b/2024-07-16), “*legal proceedings*” includes—

- (a) proceedings brought by or at the instigation of a public authority, and

- (b) an appeal against the decision of a court or tribunal.

- (4) Subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-01-31) does not apply to an act which took place before this section comes into force but paragraph [(b)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/b/2024-01-31) of that subsection applies to proceedings brought by or at the instigation of a public authority whenever the act took place.

- (5) The Scottish Ministers must, if they consider it necessary to ensure that a particular tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a public authority which is (or would be) unlawful as a result of section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31), bring forward regulations to add to—

- (4) Subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-07-16) does not apply to an act which took place before this section comes into force but paragraph [(b)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/b/2024-07-16) of that subsection applies to proceedings brought by or at the instigation of a public authority whenever the act took place.

- (5) The Scottish Ministers must, if they consider it necessary to ensure that a particular tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a public authority which is (or would be) unlawful as a result of section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16), bring forward regulations to add to—

- (a) the relief or remedies which the tribunal may grant,

@@ -224,19 +224,19 @@

- (c) such other persons as they consider appropriate.

- (8) Regulations under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/7/5/2024-01-31) are subject to the affirmative procedure.

- (9) Proceedings under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-01-31) must be brought before the end of the period of 1 year beginning with the day on which the act complained of took place.

- (10) But subsection [(9)](https://www.legislation.gov.uk/asp/2024/1/section/7/9/2024-01-31) is subject to any rule in relation to any procedure which imposes a stricter time limit in relation to that procedure.

- (11) In calculating the period of 1 year in subsection [(9)](https://www.legislation.gov.uk/asp/2024/1/section/7/9/2024-01-31), any time during which the person by or on whose behalf the proceedings are brought was under the age of 18 is to be disregarded.

- (12) Where a person would be entitled, but for subsection [(9)](https://www.legislation.gov.uk/asp/2024/1/section/7/9/2024-01-31), to bring proceedings under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-01-31), the court or tribunal may, if it considers it equitable to do so, allow the person to bring the action despite subsection [(9)](https://www.legislation.gov.uk/asp/2024/1/section/7/9/2024-01-31).

- (8) Regulations under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/7/5/2024-07-16) are subject to the affirmative procedure.

- (9) Proceedings under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-07-16) must be brought before the end of the period of 1 year beginning with the day on which the act complained of took place.

- (10) But subsection [(9)](https://www.legislation.gov.uk/asp/2024/1/section/7/9/2024-07-16) is subject to any rule in relation to any procedure which imposes a stricter time limit in relation to that procedure.

- (11) In calculating the period of 1 year in subsection [(9)](https://www.legislation.gov.uk/asp/2024/1/section/7/9/2024-07-16), any time during which the person by or on whose behalf the proceedings are brought was under the age of 18 is to be disregarded.

- (12) Where a person would be entitled, but for subsection [(9)](https://www.legislation.gov.uk/asp/2024/1/section/7/9/2024-07-16), to bring proceedings under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-07-16), the court or tribunal may, if it considers it equitable to do so, allow the person to bring the action despite subsection [(9)](https://www.legislation.gov.uk/asp/2024/1/section/7/9/2024-07-16).

- (13) In section 27A of the Court of Session Act 1988 (time limits), after subsection (1) add—

> (1A) To the extent that an application to the supervisory jurisdiction of the Court is in respect of proceedings under section [7](https://www.legislation.gov.uk/asp/2024/1/section/7/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-01-31) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, in calculating the period of 3 months in subsection (1)(a), any time during which the person by or on whose behalf the application was made was under the age of 18 is to be disregarded.

> (1A) To the extent that an application to the supervisory jurisdiction of the Court is in respect of proceedings under section [7](https://www.legislation.gov.uk/asp/2024/1/section/7/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-07-16) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, in calculating the period of 3 months in subsection (1)(a), any time during which the person by or on whose behalf the application was made was under the age of 18 is to be disregarded.

@@ -244,7 +244,7 @@

##### 8

- (1) In relation to any act (or proposed act) of a public authority which the court or tribunal finds is (or would be) unlawful under section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31), it may grant such relief or remedy, or make such order, within its powers as it considers effective, just and appropriate.

- (1) In relation to any act (or proposed act) of a public authority which the court or tribunal finds is (or would be) unlawful under section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16), it may grant such relief or remedy, or make such order, within its powers as it considers effective, just and appropriate.

- (2) But damages for an unlawful act of a public authority may be awarded only by a court or tribunal which has power to award damages in civil proceedings.

@@ -260,11 +260,13 @@

- (5) In proceedings brought or intervened in by the Commissioner for Children and Young People in Scotland or the Scottish Commission for Human Rights, no award of damages is to be made to the Commissioner or the Scottish Commission for Human Rights.

- (6) Section 288BZA of the Criminal Procedure (Scotland) Act 1995 modifies the court’s power under subsection (1) in relation to certain UNCRC compatibility issues in criminal proceedings.

#### Child’s view on effectiveness of reliefs etc.

##### 9

- (1) Where a court or tribunal is considering what relief or remedy to grant or what order to make under section [8](https://www.legislation.gov.uk/asp/2024/1/section/8/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/8/1/2024-01-31)—

- (1) Where a court or tribunal is considering what relief or remedy to grant or what order to make under section [8](https://www.legislation.gov.uk/asp/2024/1/section/8/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/8/1/2024-07-16)—

- (a) it must, in so far as it is practicable to do so, give the child to whom the proceedings relate an opportunity to express the child’s views about the effectiveness of that relief, remedy or (as the case may be) order in—

@@ -274,7 +276,7 @@

- (b) it must have regard to any views expressed by the child, taking into account the child’s age and maturity.

- (2) But the court or tribunal is not required to comply with subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/9/1/2024-01-31) if it is satisfied that the child is not capable of forming a view.

- (2) But the court or tribunal is not required to comply with subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/9/1/2024-07-16) if it is satisfied that the child is not capable of forming a view.

- (3) The child is to be presumed to be capable of forming a view unless the contrary is shown.

@@ -282,15 +284,15 @@

##### 10

- (1) Proceedings under section [7](https://www.legislation.gov.uk/asp/2024/1/section/7/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-01-31) in respect of a judicial act may be brought only—

- (1) Proceedings under section [7](https://www.legislation.gov.uk/asp/2024/1/section/7/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-07-16) in respect of a judicial act may be brought only—

- (a) by exercising a right of appeal,

- (b) on an application to the supervisory jurisdiction of the Court of Session, or

- (c) in a case where proceedings in respect of the judicial act could not be brought under paragraph [(a)](https://www.legislation.gov.uk/asp/2024/1/section/10/1/a/2024-01-31) or [(b)](https://www.legislation.gov.uk/asp/2024/1/section/10/1/b/2024-01-31), in the Court of Session.

- (2) Subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/10/1/2024-01-31) does not affect any enactment or rule of law which prevents a court or tribunal from being subject to the supervisory jurisdiction of the Court of Session.

- (c) in a case where proceedings in respect of the judicial act could not be brought under paragraph [(a)](https://www.legislation.gov.uk/asp/2024/1/section/10/1/a/2024-07-16) or [(b)](https://www.legislation.gov.uk/asp/2024/1/section/10/1/b/2024-07-16), in the Court of Session.

- (2) Subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/10/1/2024-07-16) does not affect any enactment or rule of law which prevents a court or tribunal from being subject to the supervisory jurisdiction of the Court of Session.

- (3) In proceedings under this Act, damages may not be awarded in respect of a judicial act done in good faith.

@@ -307,8 +309,8 @@

- (2) In section 4 (promoting and safeguarding rights), after subsection (2) insert—

> (2A) In exercising that general function the Commissioner may—

> (a) bring proceedings under section [7](https://www.legislation.gov.uk/asp/2024/1/section/7/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-01-31) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024,

> (b) intervene in proceedings in which a person claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31) of that Act.

> (a) bring proceedings under section [7](https://www.legislation.gov.uk/asp/2024/1/section/7/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/7/1/a/2024-07-16) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024,

> (b) intervene in proceedings in which a person claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16) of that Act.

@@ -323,8 +325,8 @@

- (2) After section 4 insert—

> (4A) For the purposes of its general duty, the Commission may—

> (b) intervene in proceedings in which a person claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16) of that Act.

@@ -352,7 +354,7 @@

- (d) include information to support public authorities and others in working together in the implementation and operation of this Part.

- (3) Before issuing guidance under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/13/1/2024-01-31), the Scottish Ministers must consult—

- (3) Before issuing guidance under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/13/1/2024-07-16), the Scottish Ministers must consult—

- (a) children,

@@ -362,11 +364,11 @@

- (d) such other persons as the Scottish Ministers consider appropriate.

- (4) The Scottish Ministers must, as soon as practicable after issuing guidance under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/13/1/2024-01-31), publish the guidance in such manner as they consider appropriate.

- (5) The Scottish Ministers must from time to time review guidance issued under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/13/1/2024-01-31) and may revise the guidance.

- (6) References in subsections [(2)](https://www.legislation.gov.uk/asp/2024/1/section/13/2/2024-01-31) to [(5)](https://www.legislation.gov.uk/asp/2024/1/section/13/5/2024-01-31) to guidance include references to revised guidance.

- (4) The Scottish Ministers must, as soon as practicable after issuing guidance under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/13/1/2024-07-16), publish the guidance in such manner as they consider appropriate.

- (5) The Scottish Ministers must from time to time review guidance issued under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/13/1/2024-07-16) and may revise the guidance.

- (6) References in subsections [(2)](https://www.legislation.gov.uk/asp/2024/1/section/13/2/2024-07-16) to [(5)](https://www.legislation.gov.uk/asp/2024/1/section/13/5/2024-07-16) to guidance include references to revised guidance.

## Part 3 — Children’s rights scheme, child rights and wellbeing impact assessments and reporting duties

@@ -378,11 +380,11 @@

- (1) The Scottish Ministers must make a scheme setting out the arrangements that are in place, or are to be put in place by the Scottish Ministers—

- (a) to ensure that they comply with the duty under [section 6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31), and

- (a) to ensure that they comply with the duty under [section 6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16), and

- (b) to secure better or further effect of the rights of children.

- (2) The scheme under [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/14/1/2024-01-31) is to be known as the Children’s Rights Scheme (and is referred to in this Act as “*the Scheme*”).

- (2) The scheme under [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/14/1/2024-07-16) is to be known as the Children’s Rights Scheme (and is referred to in this Act as “*the Scheme*”).

- (3) The Scheme must, in particular, include arrangements for the Scottish Ministers to—

@@ -402,29 +404,29 @@

- (h) ensure that their actions contribute to any national outcome for children determined by them under Part 1 of the Community Empowerment (Scotland) Act 2015,

- (i) prepare and publish child rights and wellbeing impact assessments (see [section 17](https://www.legislation.gov.uk/asp/2024/1/section/17/2024-01-31)),

- (i) prepare and publish child rights and wellbeing impact assessments (see [section 17](https://www.legislation.gov.uk/asp/2024/1/section/17/2024-07-16)),

- (j) use, and promote the use of, inclusive ways of communicating that ensure that children are able to receive information and express themselves in ways that best meet their needs (in relation to speech, language or otherwise).

- (4) The first Scheme made under [this section](https://www.legislation.gov.uk/asp/2024/1/section/14/2024-01-31) must—

- (a) specify the date by which the first report on its operation is to be published and laid before the Scottish Parliament under [section 16](https://www.legislation.gov.uk/asp/2024/1/section/16/2024-01-31), and

- (4) The first Scheme made under [this section](https://www.legislation.gov.uk/asp/2024/1/section/14/2024-07-16) must—

- (b) include any actions that the Scottish Ministers are to take in respect of the Scheme during the period beginning with the date on which the Scheme is made and ending on the date that the first report on its operation is to be published.

- (5) The Scottish Ministers may amend the Scheme or make a new scheme to replace it at any time (and references in this Act to the Scheme include the Scheme as amended or replaced).

- (6) [Section 15](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-01-31) sets out the procedure that the Scottish Ministers must follow to make, amend or remake the Scheme.

- (7) In [this Part](https://www.legislation.gov.uk/asp/2024/1/part/3/2024-01-31), “*children*” means persons under the age of 18.

- (6) [Section 15](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-07-16) sets out the procedure that the Scottish Ministers must follow to make, amend or remake the Scheme.

- (7) In [this Part](https://www.legislation.gov.uk/asp/2024/1/part/3/2024-07-16), “*children*” means persons under the age of 18.

#### Procedure for making, amending and remaking the Scheme

##### 15

- (1) In [this section](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-01-31), a reference to the proposal is a reference to (as the case may be) a proposal to—

- (a) make the first scheme under [section 14](https://www.legislation.gov.uk/asp/2024/1/section/14/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/14/1/2024-01-31),

- (1) In [this section](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-07-16), a reference to the proposal is a reference to (as the case may be) a proposal to—

- (a) make the first scheme under [section 14](https://www.legislation.gov.uk/asp/2024/1/section/14/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/14/1/2024-07-16),

- (b) amend the Scheme, or

@@ -452,7 +454,7 @@

- (d) such other persons as the Scottish Ministers consider appropriate.

- (4) The Scottish Ministers may make such changes to the proposal as they consider appropriate following the consultation under [subsection (3)](https://www.legislation.gov.uk/asp/2024/1/section/15/3/2024-01-31).

- (5) The Scottish Ministers may not—

@@ -464,15 +466,15 @@

until the proposal has been laid before the Scottish Parliament.

- (6) A proposal may not be laid before the Scottish Parliament under [subsection (5)](https://www.legislation.gov.uk/asp/2024/1/section/15/5/2024-01-31) unless a period of at least 28 days, beginning with the day on which the proposal was published under [subsection (3)](https://www.legislation.gov.uk/asp/2024/1/section/15/3/2024-01-31), has elapsed.

- (6) A proposal may not be laid before the Scottish Parliament under [subsection (5)](https://www.legislation.gov.uk/asp/2024/1/section/15/5/2024-07-16) unless a period of at least 28 days, beginning with the day on which the proposal was published under [subsection (3)](https://www.legislation.gov.uk/asp/2024/1/section/15/3/2024-07-16), has elapsed.

- (7) The Scottish Ministers must publish the Scheme, the Scheme as amended or (as the case may be) the Scheme as remade in such manner as they consider appropriate.

- (8) It is immaterial that anything done by way of preparation of, or consultation in relation to, the first scheme under [this section](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-01-31) was done—

- (a) before the Bill for this Act was passed, or

- (b) after that but before [this section](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-01-31) comes into force.

- (b) after that but before [this section](https://www.legislation.gov.uk/asp/2024/1/section/15/2024-07-16) comes into force.

#### Reviewing and reporting on the Scheme

@@ -506,11 +508,11 @@

- (c) may take into account any other document or matter that they consider to be relevant.

- (3) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/16/1/2024-01-31) must include—

- (3) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/16/1/2024-07-16) must include—

- (a) a summary of the actions taken by the Scottish Ministers for the purpose of—

- (i) ensuring compliance with the duty under [section 6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31) during the reporting period, and

- (i) ensuring compliance with the duty under [section 6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16) during the reporting period, and

- (ii) securing better or further effect of the rights of children,

@@ -518,9 +520,9 @@

- (c) a summary of any actions that they intend to take in the next reporting period.

- (4) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/16/1/2024-01-31) may include such other material as the Scottish Ministers consider appropriate, whether relating to the operation of the Scheme or to the rights of children generally.

- (5) Before publishing a report under [this section](https://www.legislation.gov.uk/asp/2024/1/section/16/2024-01-31), the Scottish Ministers must consult the following in relation to the action to be taken in pursuance of [subsection (3)](https://www.legislation.gov.uk/asp/2024/1/section/16/3/2024-01-31)[(c)](https://www.legislation.gov.uk/asp/2024/1/section/16/3/c/2024-01-31)—

- (4) A report under [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/16/1/2024-07-16) may include such other material as the Scottish Ministers consider appropriate, whether relating to the operation of the Scheme or to the rights of children generally.

- (5) Before publishing a report under [this section](https://www.legislation.gov.uk/asp/2024/1/section/16/2024-07-16), the Scottish Ministers must consult the following in relation to the action to be taken in pursuance of [subsection (3)](https://www.legislation.gov.uk/asp/2024/1/section/16/3/2024-07-16)[(c)](https://www.legislation.gov.uk/asp/2024/1/section/16/3/c/2024-07-16)—

- (a) children,

@@ -530,7 +532,7 @@

- (d) such other persons as the Scottish Ministers consider appropriate.

- (6) Each report published under [this section](https://www.legislation.gov.uk/asp/2024/1/section/16/2024-01-31) must be—

- (6) Each report published under [this section](https://www.legislation.gov.uk/asp/2024/1/section/16/2024-07-16) must be—

- (a) accompanied by a version of the report that children can understand,

@@ -538,13 +540,13 @@

- (c) laid before the Scottish Parliament as soon as practicable after it is published.

- (7) In [this section](https://www.legislation.gov.uk/asp/2024/1/section/16/2024-01-31)—

- (7) In [this section](https://www.legislation.gov.uk/asp/2024/1/section/16/2024-07-16)—

- “*General Comment*” means a comment prepared by the Committee under rule 77 of its rules of procedure,

- “*recommendations following days of general discussion*” means recommendations made by the Committee following days of general discussion under rule 79 of its rules of procedure,

- “*reporting period*” means— the period beginning with the date on which the Scheme is made and ending on the date specified for such a report in the Scheme (see [section 14](https://www.legislation.gov.uk/asp/2024/1/section/14/2024-01-31)[(4)](https://www.legislation.gov.uk/asp/2024/1/section/14/4/2024-01-31)), and each subsequent period of a year,

- “*reporting period*” means— the period beginning with the date on which the Scheme is made and ending on the date specified for such a report in the Scheme (see [section 14](https://www.legislation.gov.uk/asp/2024/1/section/14/2024-07-16)[(4)](https://www.legislation.gov.uk/asp/2024/1/section/14/4/2024-07-16)), and each subsequent period of a year,

- “*the Committee*” means the United Nations Committee on the Rights of the Child,

@@ -566,13 +568,13 @@

- (3) The Scottish Ministers must prepare and publish a child rights and wellbeing impact assessment in relation to decisions of a strategic nature relating to the rights and wellbeing of children as required by, and in accordance with, the arrangements set out in the Scheme.

- (4) Without prejudice to the generality of [subsection (3)](https://www.legislation.gov.uk/asp/2024/1/section/17/3/2024-01-31), the Scottish Ministers must prepare and publish a child rights and wellbeing impact assessment in relation to—

- (4) Without prejudice to the generality of [subsection (3)](https://www.legislation.gov.uk/asp/2024/1/section/17/3/2024-07-16), the Scottish Ministers must prepare and publish a child rights and wellbeing impact assessment in relation to—

- (a) any decision by the Scottish Ministers to restrict, for a reason relating to coronavirus, the delivery in person of education provision to children at schools,

- (b) any strategy, policy or criteria of the Scottish Ministers that is to be applied by an education authority in making a decision temporarily to remove or restrict the delivery in person of education provision to children at schools under the education authority’s management, regardless of the reason for the decision.

- (5) For the purposes of [subsection (4)](https://www.legislation.gov.uk/asp/2024/1/section/17/4/2024-01-31)—

- (5) For the purposes of [subsection (4)](https://www.legislation.gov.uk/asp/2024/1/section/17/4/2024-07-16)—

- “*coronavirus*” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),

@@ -590,27 +592,27 @@

- (a) the actions it has taken during the period—

- (i) for the purpose of ensuring compliance with the duty under [section 6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31), and

- (i) for the purpose of ensuring compliance with the duty under [section 6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16), and

- (ii) to secure better or further effect of the rights of children, and

- (b) the actions that it intends to take during the next reporting period—

- (ii) to secure better or further effect of the rights of children.

- (2) Two or more listed authorities may satisfy [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/18/1/2024-01-31) by publishing a report prepared by them jointly.

- (3) Reports under [this section](https://www.legislation.gov.uk/asp/2024/1/section/18/2024-01-31) must be published in such manner as the listed authority (or authorities) considers appropriate.

- (2) Two or more listed authorities may satisfy [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/18/1/2024-07-16) by publishing a report prepared by them jointly.

- (3) Reports under [this section](https://www.legislation.gov.uk/asp/2024/1/section/18/2024-07-16) must be published in such manner as the listed authority (or authorities) considers appropriate.

- (4) A report published under this section must be accompanied by a version of the report that children can understand.

- (5) A listed authority (or, where two or more authorities have prepared a report jointly, either or any of them) must, as soon as practicable after publishing a report under this section, send a copy of it to the Scottish Ministers.

- (6) In [this section](https://www.legislation.gov.uk/asp/2024/1/section/18/2024-01-31)—

- “*listed authority*” means an authority listed in [section 19](https://www.legislation.gov.uk/asp/2024/1/section/19/2024-01-31),

- (6) In [this section](https://www.legislation.gov.uk/asp/2024/1/section/18/2024-07-16)—

- “*listed authority*” means an authority listed in [section 19](https://www.legislation.gov.uk/asp/2024/1/section/19/2024-07-16),

- “*reporting period*” means— the period beginning with the day on which this section comes into force and ending on 31 March 2026, and each subsequent period of 3 years.

@@ -618,7 +620,7 @@

##### 19

- (1) For the purposes of [section 18](https://www.legislation.gov.uk/asp/2024/1/section/18/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/18/1/2024-01-31), the listed authorities are—

- (1) For the purposes of [section 18](https://www.legislation.gov.uk/asp/2024/1/section/18/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/18/1/2024-07-16), the listed authorities are—

- (a) a local authority,

@@ -664,7 +666,7 @@

- (v) ILF Scotland.

- (2) The Scottish Ministers may by regulations modify [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/19/1/2024-01-31) by—

- (2) The Scottish Ministers may by regulations modify [subsection (1)](https://www.legislation.gov.uk/asp/2024/1/section/19/1/2024-07-16) by—

- (a) adding a public authority or a description of public authorities as a listed authority (or authorities),

@@ -672,9 +674,9 @@

- (c) amending an entry for a listed authority (or authorities).

- (3) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/19/2/2024-01-31) are subject to the affirmative procedure.

- (4) Before laying a draft of a Scottish statutory instrument containing regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/19/2/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/19/2/a/2024-01-31) or [(b)](https://www.legislation.gov.uk/asp/2024/1/section/19/2/b/2024-01-31) before the Scottish Parliament, the Scottish Ministers must consult—

- (3) Regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/19/2/2024-07-16) are subject to the affirmative procedure.

- (4) Before laying a draft of a Scottish statutory instrument containing regulations under [subsection (2)](https://www.legislation.gov.uk/asp/2024/1/section/19/2/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/19/2/a/2024-07-16) or [(b)](https://www.legislation.gov.uk/asp/2024/1/section/19/2/b/2024-07-16) before the Scottish Parliament, the Scottish Ministers must consult—

- (a) the public authority concerned or (as the case may be) the public authorities falling within the description of public authorities concerned, and

@@ -684,9 +686,9 @@

##### 20

- (1) The Scottish Ministers must issue guidance about the carrying out of listed authorities’ functions under [section 18](https://www.legislation.gov.uk/asp/2024/1/section/18/2024-01-31).

- (2) Before issuing guidance under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/20/1/2024-01-31), the Scottish Ministers must consult—

- (1) The Scottish Ministers must issue guidance about the carrying out of listed authorities’ functions under [section 18](https://www.legislation.gov.uk/asp/2024/1/section/18/2024-07-16).

- (2) Before issuing guidance under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/20/1/2024-07-16), the Scottish Ministers must consult—

- (a) children,

@@ -696,11 +698,11 @@

- (d) such other persons as the Scottish Ministers consider appropriate.

- (3) The Scottish Ministers must, as soon as practicable after issuing guidance under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/20/1/2024-01-31), publish the guidance in such manner as they consider appropriate.

- (4) The Scottish Ministers must from time to time review guidance issued under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/20/1/2024-01-31) and may revise the guidance.

- (5) References in subsections [(2)](https://www.legislation.gov.uk/asp/2024/1/section/20/2/2024-01-31) to [(4)](https://www.legislation.gov.uk/asp/2024/1/section/20/4/2024-01-31) to guidance include references to revised guidance.

- (3) The Scottish Ministers must, as soon as practicable after issuing guidance under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/20/1/2024-07-16), publish the guidance in such manner as they consider appropriate.

- (4) The Scottish Ministers must from time to time review guidance issued under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/20/1/2024-07-16) and may revise the guidance.

- (5) References in subsections [(2)](https://www.legislation.gov.uk/asp/2024/1/section/20/2/2024-07-16) to [(4)](https://www.legislation.gov.uk/asp/2024/1/section/20/4/2024-07-16) to guidance include references to revised guidance.

### Reporting duty of the Scottish Parliament

@@ -708,7 +710,7 @@

##### 21

- (1) The Scottish Parliamentary Corporate Body must publish a report about the matters set out in subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/21/2/2024-01-31).

- (1) The Scottish Parliamentary Corporate Body must publish a report about the matters set out in subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/21/2/2024-07-16).

- (2) Those matters are—

@@ -748,7 +750,7 @@

- (2) The Scottish Ministers must make a statement in writing about the extent to which, in their view, the provisions of a relevant instrument are or (as the case may be) would be compatible with the UNCRC requirements.

- (3) In subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/23/2/2024-01-31), a “*relevant instrument*” means a Scottish statutory instrument made by the Scottish Ministers other than one which brings a provision of an Act of the Scottish Parliament or an Act of Parliament into force.

- (3) In subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/23/2/2024-07-16), a “*relevant instrument*” means a Scottish statutory instrument made by the Scottish Ministers other than one which brings a provision of an Act of the Scottish Parliament or an Act of Parliament into force.

#### Interpretation of legislation

@@ -760,7 +762,7 @@

- (b) words in subordinate legislation to which section 30 applies.

- (2) Subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/24/1/2024-01-31) does not affect—

- (2) Subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/24/1/2024-07-16) does not affect—

- (a) the validity, continuing operation or enforcement of any incompatible Act of the Scottish Parliament,

@@ -770,19 +772,19 @@

##### 25

- (1) Subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/25/2/2024-01-31) applies in any proceedings in which a court determines whether any of the following give rise to an incompatibility with the UNCRC requirements—

- (1) Subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/25/2/2024-07-16) applies in any proceedings in which a court determines whether any of the following give rise to an incompatibility with the UNCRC requirements—

- (a) words—

- (i) that are in a pre-commencement Act of the Scottish Parliament, and

- (ii) to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-01-31) applies, or

- (ii) to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-07-16) applies, or

- (b) words—

- (i) that are in subordinate legislation made by virtue of a pre-commencement Act of the Scottish Parliament, and

- (ii) to which section [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-01-31) applies.

- (ii) to which section [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-07-16) applies.

- (2) If the court is satisfied that the words give rise to an incompatibility with the UNCRC requirements, it may make a declarator stating that they cease to be law to the extent that they give rise to the incompatibility (a “strike down declarator”).

@@ -790,19 +792,19 @@

- (a) may make a strike down declarator in relation to them only if the court is satisfied that (disregarding any possibility of revocation) the Act prevents removal of the incompatibility,

- (b) may not make a strike down declarator in relation to them if the court is satisfied that (disregarding any possibility of revocation) words in another enactment to which neither section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-01-31) nor [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-01-31) apply prevent removal of the incompatibility.

- (b) may not make a strike down declarator in relation to them if the court is satisfied that (disregarding any possibility of revocation) words in another enactment to which neither section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-07-16) nor [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-07-16) apply prevent removal of the incompatibility.

- (4) A strike down declarator has effect only from the date of the declarator and does not affect anything previously done.

- (5) The court may make an order suspending the effect of a strike down declarator for any period and on any conditions to allow the incompatibility to be remedied.

- (6) In deciding whether to make an order under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/25/5/2024-01-31), the court must (among other things) have regard to the extent to which persons who are not parties to the proceedings would be adversely affected.

- (7) Where a court is considering whether to make an order under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/25/5/2024-01-31), intimation of that is to be given to the Lord Advocate (unless the Lord Advocate is a party to the proceedings).

- (6) In deciding whether to make an order under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/25/5/2024-07-16), the court must (among other things) have regard to the extent to which persons who are not parties to the proceedings would be adversely affected.

- (7) Where a court is considering whether to make an order under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/25/5/2024-07-16), intimation of that is to be given to the Lord Advocate (unless the Lord Advocate is a party to the proceedings).

- (8) The Lord Advocate may, on giving notice, take part as a party in the proceedings so far as the proceedings relate to the making of the order.

- (9) Where the determination mentioned in subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/25/1/2024-01-31) is a decision by the Supreme Court in relation to a UNCRC compatibility issue, the power to make an order under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/25/5/2024-01-31) is exercisable by the High Court of Justiciary instead of the Supreme Court.

- (9) Where the determination mentioned in subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/25/1/2024-07-16) is a decision by the Supreme Court in relation to a UNCRC compatibility issue, the power to make an order under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/25/5/2024-07-16) is exercisable by the High Court of Justiciary instead of the Supreme Court.

- (10) In this section, a reference to a pre-commencement Act of the Scottish Parliament—

@@ -810,7 +812,7 @@

- (b) refers to such an Act as at the day on which this section comes into force.

- (11) In this section and section [26](https://www.legislation.gov.uk/asp/2024/1/section/26/2024-01-31), “*court*” means—

- (11) In this section and section [26](https://www.legislation.gov.uk/asp/2024/1/section/26/2024-07-16), “*court*” means—

- (a) the Supreme Court,

@@ -822,31 +824,31 @@

##### 26

- (1) Subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/26/2/2024-01-31) applies in any proceedings in which a court determines whether any of the following give rise to an incompatibility with the UNCRC requirements—

- (1) Subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/26/2/2024-07-16) applies in any proceedings in which a court determines whether any of the following give rise to an incompatibility with the UNCRC requirements—

- (a) words—

- (i) that are in a post-commencement Act of the Scottish Parliament, and

- (ii) to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-01-31) applies,

- (ii) to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-07-16) applies,

- (b) words—

- (i) that are in a pre-commencement Act of the Scottish Parliament, having been inserted on or after the day section 25 comes into force, and

- (ii) to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-01-31) applies,

- (ii) to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-07-16) applies,

- (c) words—

- (i) that are in subordinate legislation made by virtue of a post-commencement Act of the Scottish Parliament, and

- (ii) to which section [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-01-31) applies,

- (ii) to which section [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-07-16) applies,

- (d) words—

- (i) that are in subordinate legislation made by virtue of a provision that was inserted, on or after the day section [25](https://www.legislation.gov.uk/asp/2024/1/section/25/2024-01-31) comes into force, into a pre-commencement Act of the Scottish Parliament, and

- (ii) to which section [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-01-31) applies.

- (i) that are in subordinate legislation made by virtue of a provision that was inserted, on or after the day section [25](https://www.legislation.gov.uk/asp/2024/1/section/25/2024-07-16) comes into force, into a pre-commencement Act of the Scottish Parliament, and

- (ii) to which section [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-07-16) applies.

- (2) If the court is satisfied that the words give rise to an incompatibility with the UNCRC requirements, it may make a declarator stating that incompatibility (an “incompatibility declarator”).

@@ -854,7 +856,7 @@

- (a) may make an incompatibility declarator in relation to the subordinate legislation only if the court is satisfied that (disregarding any possibility of revocation) the enactment by virtue of which the subordinate legislation is made prevents removal of the incompatibility,

- (b) may not make an incompatibility declarator in relation to the subordinate legislation if the court is satisfied that (disregarding any possibility of revocation) words in another enactment to which neither section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-01-31) nor [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-01-31) apply prevent removal of the incompatibility.

- (b) may not make an incompatibility declarator in relation to the subordinate legislation if the court is satisfied that (disregarding any possibility of revocation) words in another enactment to which neither section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-07-16) nor [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-07-16) apply prevent removal of the incompatibility.

- (4) An incompatibility declarator—

@@ -866,7 +868,7 @@

- a “*post-commencement Act of the Scottish Parliament*” means an Act of the Scottish Parliament the Bill for which received Royal Assent on or after the day on which this section comes into force,

- “*pre-commencement Act of the Scottish Parliament*” has the meaning given in section [25](https://www.legislation.gov.uk/asp/2024/1/section/25/2024-01-31)[(10)](https://www.legislation.gov.uk/asp/2024/1/section/25/10/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/25/10/a/2024-01-31).

- “*pre-commencement Act of the Scottish Parliament*” has the meaning given in section [25](https://www.legislation.gov.uk/asp/2024/1/section/25/2024-07-16)[(10)](https://www.legislation.gov.uk/asp/2024/1/section/25/10/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/25/10/a/2024-07-16).

#### Power to intervene in proceedings where strike down declarator or incompatibility declarator is being considered

@@ -874,7 +876,7 @@

- (1) Where a court is considering whether to make a strike down declarator or an incompatibility declarator, intimation of that is to be given to the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights (unless the person to whom the intimation would be given is a party to the proceedings).

- (2) A person to whom intimation is given under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/27/1/2024-01-31) may, on giving notice, take part as a party to the proceedings so far as the proceedings relate to the making of a strike down declarator or an incompatibility declarator.

- (2) A person to whom intimation is given under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/27/1/2024-07-16) may, on giving notice, take part as a party to the proceedings so far as the proceedings relate to the making of a strike down declarator or an incompatibility declarator.

#### Ministerial action following strike down declarator or incompatibility declarator

@@ -890,7 +892,7 @@

- (d) seek to make a statement to the Scottish Parliament on the contents of the report.

- (2) A report published under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/28/1/2024-01-31)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/28/1/b/2024-01-31) must be accompanied by a version of the report that children can understand.

- (2) A report published under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/28/1/2024-07-16)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/28/1/b/2024-07-16) must be accompanied by a version of the report that children can understand.

#### Primary legislation words to which this Part applies

@@ -906,7 +908,7 @@

- (ii) contained, as part of an amending provision, in the Bill for another Act of the Scottish Parliament, or

- (iii) inserted by words in subordinate legislation to which section [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-01-31) applies.

- (iii) inserted by words in subordinate legislation to which section [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-07-16) applies.

#### Subordinate legislation words to which this Part applies

@@ -920,7 +922,7 @@

- (i) the exercise of a relevant enabling power (either to make the provision containing the words, or to make the amending provision that inserted them), or

- (ii) having been inserted into the instrument by words in an Act of the Scottish Parliament to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-01-31) applies.

- (ii) having been inserted into the instrument by words in an Act of the Scottish Parliament to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-07-16) applies.

- (2) In this section, “*relevant enabling power*” means a power conferred by a provision that is not in, or derived (directly or indirectly) from, an Act of Parliament.

@@ -932,11 +934,11 @@

##### 31

- (1) In sections [33](https://www.legislation.gov.uk/asp/2024/1/section/33/2024-01-31) to [44](https://www.legislation.gov.uk/asp/2024/1/section/44/2024-01-31), a “*compatibility question*” means—

- (a) a question whether words in an enactment to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-01-31) or [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-01-31) applies give rise to an incompatibility with the UNCRC requirements,

- (b) a question whether a public authority has acted (or proposed to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31).

- (1) In sections [33](https://www.legislation.gov.uk/asp/2024/1/section/33/2024-07-16) to [44](https://www.legislation.gov.uk/asp/2024/1/section/44/2024-07-16), a “*compatibility question*” means—

- (a) a question whether words in an enactment to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-07-16) or [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-07-16) applies give rise to an incompatibility with the UNCRC requirements,

- (b) a question whether a public authority has acted (or proposed to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16).

- (2) But a question arising in criminal proceedings that would, apart from this subsection, be a compatibility question is not a compatibility question if it is a UNCRC compatibility issue.

@@ -956,11 +958,11 @@

> (288AB)

> (1) In this section and section 288AC, “*UNCRC compatibility issue*” means a question, arising in criminal proceedings as to—

> (a) whether words in an enactment to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-01-31) or [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-01-31) of the UNCRC Incorporation Act applies give rise to an incompatibility with the UNCRC requirements,

> (b) whether a public authority has acted (or proposed to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-01-31) of the UNCRC Incorporation Act.

> (a) whether words in an enactment to which section [29](https://www.legislation.gov.uk/asp/2024/1/section/29/2024-07-16) or [30](https://www.legislation.gov.uk/asp/2024/1/section/30/2024-07-16) of the UNCRC Incorporation Act applies give rise to an incompatibility with the UNCRC requirements,

> (b) whether a public authority has acted (or proposed to act) in a way which is made unlawful by section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/6/1/2024-07-16) of the UNCRC Incorporation Act.

> (2) In subsection (1)—

> - “*public authority*” has the same meaning as in section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-01-31) of the UNCRC Incorporation Act,

> - “*the UNCRC requirements*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-01-31)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/1/2/2024-01-31) of that Act,

> - “*public authority*” has the same meaning as in section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-07-16) of the UNCRC Incorporation Act,

> - “*the UNCRC requirements*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-07-16)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/1/2/2024-07-16) of that Act,

> - “*UNCRC Incorporation Act*” means the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.

> (3) Where a UNCRC compatibility issue has arisen in criminal proceedings before a court, other than a court consisting of 2 or more judges of the High Court, the court may, instead of determining it, refer the issue to the High Court.

> (4) The Lord Advocate, if a party to criminal proceedings before a court, other than a court consisting of 2 or more judges of the High Court, may require the court to refer to the High Court any UNCRC compatibility issue which has arisen in the proceedings.

@@ -1005,7 +1007,7 @@

- (1) Where a compatibility question arises in any proceedings before a court or tribunal, intimation of that is to be given to the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights (unless the person to whom the intimation would be given is a party to the proceedings).

- (2) A person to whom intimation is given under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/34/1/2024-01-31) may, on giving notice, take part as a party in the proceedings so far as the proceedings relate to a compatibility question.

- (2) A person to whom intimation is given under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/34/1/2024-07-16) may, on giving notice, take part as a party in the proceedings so far as the proceedings relate to a compatibility question.

#### Reference of compatibility question to higher court

@@ -1015,9 +1017,9 @@

- (2) A tribunal from which there is no appeal must refer any compatibility question which arises in proceedings before it to the Inner House and any other tribunal may make such a reference.

- (3) The Inner House may refer any compatibility question which arises in proceedings before it (otherwise than on a reference under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/35/1/2024-01-31) or [(2)](https://www.legislation.gov.uk/asp/2024/1/section/35/2/2024-01-31)) to the Supreme Court.

- (4) An appeal against a determination of a compatibility question by the Inner House on a reference under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/35/1/2024-01-31) or [(2)](https://www.legislation.gov.uk/asp/2024/1/section/35/2/2024-01-31) lies to the Supreme Court.

- (3) The Inner House may refer any compatibility question which arises in proceedings before it (otherwise than on a reference under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/35/1/2024-07-16) or [(2)](https://www.legislation.gov.uk/asp/2024/1/section/35/2/2024-07-16)) to the Supreme Court.

- (4) An appeal against a determination of a compatibility question by the Inner House on a reference under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/35/1/2024-07-16) or [(2)](https://www.legislation.gov.uk/asp/2024/1/section/35/2/2024-07-16) lies to the Supreme Court.

- (5) An appeal against a determination of a compatibility question by the Inner House from which there is no appeal to the Supreme Court apart from this subsection lies to the Supreme Court only—

@@ -1037,23 +1039,23 @@

- (1) The Lord Advocate may refer to the Supreme Court any compatibility question which is not the subject of proceedings.

- (2) Subsections [(3)](https://www.legislation.gov.uk/asp/2024/1/section/37/3/2024-01-31) to [(5)](https://www.legislation.gov.uk/asp/2024/1/section/37/5/2024-01-31) apply where a reference is made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/37/1/2024-01-31) in relation to a compatibility question that relates to the proposed exercise of a function by a public authority.

- (2) Subsections [(3)](https://www.legislation.gov.uk/asp/2024/1/section/37/3/2024-07-16) to [(5)](https://www.legislation.gov.uk/asp/2024/1/section/37/5/2024-07-16) apply where a reference is made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/37/1/2024-07-16) in relation to a compatibility question that relates to the proposed exercise of a function by a public authority.

- (3) The Lord Advocate must notify the public authority of the making of the reference.

- (4) The public authority may not exercise the function in the manner proposed during the period beginning with the receipt of the notification under subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/37/3/2024-01-31) and ending with the reference being decided or otherwise disposed of.

- (5) Proceedings relating to any possible failure by the public authority to comply with subsection [(4)](https://www.legislation.gov.uk/asp/2024/1/section/37/4/2024-01-31) may be instituted by the Lord Advocate.

- (4) The public authority may not exercise the function in the manner proposed during the period beginning with the receipt of the notification under subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/37/3/2024-07-16) and ending with the reference being decided or otherwise disposed of.

#### Additional expenses

##### 38

- (1) A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/38/3/2024-01-31) in deciding any question as to expenses.

- (2) In deciding any such question, the court or tribunal may award the whole or part of the additional expense as expenses to the party who incurred it (whatever the decision on the compatibility question).

- (3) The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person under section [25](https://www.legislation.gov.uk/asp/2024/1/section/25/2024-01-31)[(8)](https://www.legislation.gov.uk/asp/2024/1/section/25/8/2024-01-31), [27](https://www.legislation.gov.uk/asp/2024/1/section/27/2024-01-31)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/27/2/2024-01-31) or [34](https://www.legislation.gov.uk/asp/2024/1/section/34/2024-01-31)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/34/2/2024-01-31).

- (3) The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person under section [25](https://www.legislation.gov.uk/asp/2024/1/section/25/2024-07-16)[(8)](https://www.legislation.gov.uk/asp/2024/1/section/25/8/2024-07-16), [27](https://www.legislation.gov.uk/asp/2024/1/section/27/2024-07-16)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/27/2/2024-07-16) or [34](https://www.legislation.gov.uk/asp/2024/1/section/34/2024-07-16)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/34/2/2024-07-16).

## Part 6 — Remedial regulations

@@ -1061,7 +1063,7 @@

##### 39

- (1) In the circumstances set out in subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/39/2/2024-01-31), the Scottish Ministers may by regulations (“*remedial regulations*”) make such provision as they consider necessary or expedient in consequence of—

- (1) In the circumstances set out in subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/39/2/2024-07-16), the Scottish Ministers may by regulations (“*remedial regulations*”) make such provision as they consider necessary or expedient in consequence of—

- (a) any provision of affected legislation, or

@@ -1083,7 +1085,7 @@

- (b) modify any enactment (including this Act) or prerogative instrument or any other instrument or document relating to the exercise or purported exercise of functions by the Scottish Ministers,

- (c) create criminal offences (but see subsection [(4)](https://www.legislation.gov.uk/asp/2024/1/section/39/4/2024-01-31)),

- (c) create criminal offences (but see subsection [(4)](https://www.legislation.gov.uk/asp/2024/1/section/39/4/2024-07-16)),

- (d) make provision (other than provision creating criminal offences or increasing the punishment for criminal offences) which has retrospective effect,

@@ -1105,7 +1107,7 @@

- (b) that is wholly or partly made by virtue of an enactment mentioned in paragraph (a).

- (6) For the purposes of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/39/5/2024-01-31), an enactment that extends to Scotland and other jurisdictions is not, for that reason alone, to be regarded as outside the legislative competence of the Scottish Parliament.

- (6) For the purposes of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/39/5/2024-07-16), an enactment that extends to Scotland and other jurisdictions is not, for that reason alone, to be regarded as outside the legislative competence of the Scottish Parliament.

#### Remedial regulations: procedure

@@ -1121,21 +1123,21 @@

- (c) have regard to any written observations submitted within the comment period.

- (3) In subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/2024-01-31)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/b/2024-01-31), the “*comment period*” means the period of 60 days beginning with—

- (3) In subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/2024-07-16)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/b/2024-07-16), the “*comment period*” means the period of 60 days beginning with—

- (a) the day on which the public notice was given,

- (b) if earlier, the day on which the draft regulations were laid, or

- (c) if both [(a)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/a/2024-01-31) and [(b)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/b/2024-01-31) happened on the same day, that day.

- (c) if both [(a)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/a/2024-07-16) and [(b)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/b/2024-07-16) happened on the same day, that day.

- (4) Along with a draft of a Scottish statutory instrument containing remedial regulations, the Scottish Ministers must also lay before the Scottish Parliament a document which—

- (a) summarises the observations to which they had regard under subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/2024-01-31)[(c)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/c/2024-01-31), and

- (a) summarises the observations to which they had regard under subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/2024-07-16)[(c)](https://www.legislation.gov.uk/asp/2024/1/section/40/2/c/2024-07-16), and

- (b) sets out the changes (if any) which they have made to the remedial regulations and the reasons for them.

- (5) In calculating the period of 60 days for the purpose of subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/40/3/2024-01-31), no account is to be taken of any period during which the Scottish Parliament is—

- (5) In calculating the period of 60 days for the purpose of subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/40/3/2024-07-16), no account is to be taken of any period during which the Scottish Parliament is—

- (a) in recess for more than 4 days, or

@@ -1145,7 +1147,7 @@

##### 41

- (1) Where it appears to the Scottish Ministers that, for reasons of urgency, it is necessary to make remedial regulations without following the procedure in section [40](https://www.legislation.gov.uk/asp/2024/1/section/40/2024-01-31), they may do so.

- (2) Immediately after making such remedial regulations, the Scottish Ministers must—

@@ -1153,25 +1155,25 @@

- (b) lay the regulations, together with a statement of their reasons for having made them, before the Scottish Parliament.

- (3) The Scottish Ministers must have regard to any written observations submitted within the period mentioned in subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/41/2/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/41/2/a/2024-01-31).

- (3) The Scottish Ministers must have regard to any written observations submitted within the period mentioned in subsection [(2)](https://www.legislation.gov.uk/asp/2024/1/section/41/2/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/41/2/a/2024-07-16).

- (4) As soon as practicable after the end of that period, the Scottish Ministers must lay before the Scottish Parliament a document which—

- (a) summarises the observations to which they had regard under subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/41/3/2024-01-31), and

- (a) summarises the observations to which they had regard under subsection [(3)](https://www.legislation.gov.uk/asp/2024/1/section/41/3/2024-07-16), and

- (b) sets out the changes (if any) which they consider it appropriate to make to the remedial regulations.

- (5) If changes have been specified under subsection [(4)](https://www.legislation.gov.uk/asp/2024/1/section/41/4/2024-01-31)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/41/4/b/2024-01-31), the Scottish Ministers must make remedial regulations by virtue of this subsection giving effect to those changes and replacing the remedial regulations made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/41/1/2024-01-31).

- (6) Regulations under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/41/5/2024-01-31) simply revoking remedial regulations made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/41/1/2024-01-31) are subject to the negative procedure.

- (7) Other regulations under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/41/5/2024-01-31) are subject to the affirmative procedure.

- (8) If, at the end of the period of 120 days beginning with the day on which remedial regulations were made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/41/1/2024-01-31), the Scottish Parliament has not, by resolution, approved the remedial regulations or any remedial regulations made by virtue of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/41/5/2024-01-31) replacing them, then the remedial regulations or (as the case may be) the replacement remedial regulations cease to have effect (but without that affecting anything done under those regulations or the power to make fresh remedial regulations, whether under the procedure set out in section [40](https://www.legislation.gov.uk/asp/2024/1/section/40/2024-01-31) or this section).

- (9) Subsection [(8)](https://www.legislation.gov.uk/asp/2024/1/section/41/8/2024-01-31) has no effect where the Scottish Ministers have, before the end of the period referred to in that subsection, simply revoked the remedial regulations made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/41/1/2024-01-31).

- (10) In calculating the periods of 60 or 120 days for the purposes of subsections [(2)](https://www.legislation.gov.uk/asp/2024/1/section/41/2/2024-01-31)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/41/2/a/2024-01-31), [(8)](https://www.legislation.gov.uk/asp/2024/1/section/41/8/2024-01-31) and [(9)](https://www.legislation.gov.uk/asp/2024/1/section/41/9/2024-01-31) no account is to be taken of any period during which the Scottish Parliament is—

- (5) If changes have been specified under subsection [(4)](https://www.legislation.gov.uk/asp/2024/1/section/41/4/2024-07-16)[(b)](https://www.legislation.gov.uk/asp/2024/1/section/41/4/b/2024-07-16), the Scottish Ministers must make remedial regulations by virtue of this subsection giving effect to those changes and replacing the remedial regulations made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/41/1/2024-07-16).

- (6) Regulations under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/41/5/2024-07-16) simply revoking remedial regulations made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/41/1/2024-07-16) are subject to the negative procedure.

- (7) Other regulations under subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/41/5/2024-07-16) are subject to the affirmative procedure.

- (8) If, at the end of the period of 120 days beginning with the day on which remedial regulations were made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/41/1/2024-07-16), the Scottish Parliament has not, by resolution, approved the remedial regulations or any remedial regulations made by virtue of subsection [(5)](https://www.legislation.gov.uk/asp/2024/1/section/41/5/2024-07-16) replacing them, then the remedial regulations or (as the case may be) the replacement remedial regulations cease to have effect (but without that affecting anything done under those regulations or the power to make fresh remedial regulations, whether under the procedure set out in section [40](https://www.legislation.gov.uk/asp/2024/1/section/40/2024-07-16) or this section).

- (9) Subsection [(8)](https://www.legislation.gov.uk/asp/2024/1/section/41/8/2024-07-16) has no effect where the Scottish Ministers have, before the end of the period referred to in that subsection, simply revoked the remedial regulations made under subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/41/1/2024-07-16).

- (10) In calculating the periods of 60 or 120 days for the purposes of subsections [(2)](https://www.legislation.gov.uk/asp/2024/1/section/41/2/2024-07-16)[(a)](https://www.legislation.gov.uk/asp/2024/1/section/41/2/a/2024-07-16), [(8)](https://www.legislation.gov.uk/asp/2024/1/section/41/8/2024-07-16) and [(9)](https://www.legislation.gov.uk/asp/2024/1/section/41/9/2024-07-16) no account is to be taken of any period during which the Scottish Parliament is—

- (a) in recess for more than 4 days, or

@@ -1185,25 +1187,25 @@

- (1) In this Act—

- “*compatibility question*” has the meaning given in section [31](https://www.legislation.gov.uk/asp/2024/1/section/31/2024-01-31),

- “*incompatibility declarator*” has the meaning given in section [26](https://www.legislation.gov.uk/asp/2024/1/section/26/2024-01-31)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/26/2/2024-01-31),

- “*public authority*” has the meaning given in section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-01-31)[(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-01-31) and [(8)](https://www.legislation.gov.uk/asp/2024/1/section/6/8/2024-01-31),

- “*remedial regulations*” has the meaning given in section [39](https://www.legislation.gov.uk/asp/2024/1/section/39/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/39/1/2024-01-31),

- “*strike down declarator*” has the meaning given in section [25](https://www.legislation.gov.uk/asp/2024/1/section/25/2024-01-31)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/25/2/2024-01-31),

- “*compatibility question*” has the meaning given in section [31](https://www.legislation.gov.uk/asp/2024/1/section/31/2024-07-16),

- “*incompatibility declarator*” has the meaning given in section [26](https://www.legislation.gov.uk/asp/2024/1/section/26/2024-07-16)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/26/2/2024-07-16),

- “*public authority*” has the meaning given in section [6](https://www.legislation.gov.uk/asp/2024/1/section/6/2024-07-16)[(5)](https://www.legislation.gov.uk/asp/2024/1/section/6/5/2024-07-16) and [(8)](https://www.legislation.gov.uk/asp/2024/1/section/6/8/2024-07-16),

- “*remedial regulations*” has the meaning given in section [39](https://www.legislation.gov.uk/asp/2024/1/section/39/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/39/1/2024-07-16),

- “*strike down declarator*” has the meaning given in section [25](https://www.legislation.gov.uk/asp/2024/1/section/25/2024-07-16)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/25/2/2024-07-16),

- “*Supreme Court*” means the Supreme Court of the United Kingdom,

- “*the Convention*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/1/1/2024-01-31),

- “*the first optional protocol*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/1/1/2024-01-31),

- “*the second optional protocol*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-01-31)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/1/1/2024-01-31),

- “*the UNCRC requirements*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-01-31)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/1/2/2024-01-31),

- “*the Convention*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/1/1/2024-07-16),

- “*the first optional protocol*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/1/1/2024-07-16),

- “*the second optional protocol*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-07-16)[(1)](https://www.legislation.gov.uk/asp/2024/1/section/1/1/2024-07-16),

- “*the UNCRC requirements*” has the meaning given in section [1](https://www.legislation.gov.uk/asp/2024/1/section/1/2024-07-16)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/1/2/2024-07-16),

- “*UNCRC compatibility issue*” has the meaning given in section 288AB(1) of the Criminal Procedure (Scotland) Act 1995.

@@ -1241,7 +1243,7 @@

- (b) different provision for different purposes.

- (2) Subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/45/1/2024-01-31) does not apply to regulations under section [47](https://www.legislation.gov.uk/asp/2024/1/section/47/2024-01-31)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/2024-01-31).

- (2) Subsection [(1)](https://www.legislation.gov.uk/asp/2024/1/section/45/1/2024-07-16) does not apply to regulations under section [47](https://www.legislation.gov.uk/asp/2024/1/section/47/2024-07-16)[(2)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/2024-07-16).

#### Ancillary provision

@@ -1263,15 +1265,15 @@

- (1) The following provisions come into force on the day after Royal Assent—

- (a) section [42](https://www.legislation.gov.uk/asp/2024/1/section/42/2024-01-31),

- (b) section [45](https://www.legislation.gov.uk/asp/2024/1/section/45/2024-01-31),

- (c) section [46](https://www.legislation.gov.uk/asp/2024/1/section/46/2024-01-31),

- (a) section [42](https://www.legislation.gov.uk/asp/2024/1/section/42/2024-07-16),

- (b) section [45](https://www.legislation.gov.uk/asp/2024/1/section/45/2024-07-16),

- (c) section [46](https://www.legislation.gov.uk/asp/2024/1/section/46/2024-07-16),

- (d) this section,

- (e) section [48](https://www.legislation.gov.uk/asp/2024/1/section/48/2024-01-31).

- (e) section [48](https://www.legislation.gov.uk/asp/2024/1/section/48/2024-07-16).

- (2) The other provisions of this Act come into force—

@@ -2085,80 +2087,6 @@

## Editorial notes

[^key-80f9c3441ff3f04092c9675ecb9eff3e]: S. 3 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-9ed9db7c6b449575b3194755fef67e7c]: S. 4 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-06113db9f4c898aaa2d379a6909d4ede]: S. 5 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-2e189abdf32fe8b987ab12204eb04c22]: S. 6 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-fec667c82a991b2e7408b3a69fdbeb93]: S. 7 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-66bf94ad77b6d465cc09553931ee2712]: S. 8 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-8964b29fa4616c5dc541330501c1c300]: S. 9 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-5e0123e243205dc14739a8c769745b07]: S. 10 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-dac746aea77f26e1eb648b8875296307]: S. 11 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-5446f455ff044ab214245315ab13bead]: S. 12 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-2b4dcd14e5523eb200bea0f320c03966]: S. 14 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-b747eac1ca745afff529137251e9c8d5]: S. 15 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-b0dd4eb5e5a754757cb668522430c9ee]: S. 16 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-dce3d898c38832d16917403acc31916a]: S. 17 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-105cfac2fca3fee6ded0741cff6733df]: S. 18 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-2cef907e267ebadbdcf1bb2bba8ce0a7]: S. 19 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-25f6cca7c0aad044eb3a7d454f48ef1b]: S. 21 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-23377bd1c91731369b25617fddc9c5dd]: S. 22 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-155b9459a0a89526baef834bd776d9b7]: S. 23 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-c575a55400d85a79a72a1ef39c9c36c3]: S. 24 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-328cd7e7e1fbf547fed306792f09365f]: S. 25 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-4eeabbd1b457736955642764dcbbcf57]: S. 26 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-84cf0c663db5f81fb853bff0d3a27dd5]: S. 27 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-ca21e1fa0b89989e8db06fb3bbce4d27]: S. 28 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-792521435b2dbeaee142a4463c8a3ff4]: S. 29 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-7c6f365717cd93292375584181255a3f]: S. 30 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-5a534ae84cda2986b65e1bb64baf3382]: S. 31 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-38fd6d1f7a7cad5863e82698fdc1fc46]: S. 32 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-93e2f3e116889fb9d6c4c1be643ba5a2]: S. 33 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-8dfc7cfed870d5edcdc6d56c69cba335]: S. 34 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-bc5c1b3aeb7c6d79f712a72e69216c56]: S. 35 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-b37e35bc3651b06582e51fad81f2d4cb]: S. 36 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-ceb4e6080fb4cc65f8c434d1df3139e2]: S. 37 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-eca70a857fa68245454cd2def360a535]: S. 38 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-c6d30186b2fc27110141ca41b21e9652]: S. 39 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-7be0f9ba517b0e1360b9b590b29b9a7e]: S. 40 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-847bd2b608d0d4f44b4b740e5626c1d3]: S. 41 in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-dc4ffab32108a93dec6f122ffe8a2f9d]: S. 42 in force at 17.1.2024, see [s. 47(1)](https://www.legislation.gov.uk/asp/2024/1/section/47/1)

[^key-db06ff59828bb47575da6d3c53e1b329]: S. 43 in force at 17.1.2024, see [s. 47(1)](https://www.legislation.gov.uk/asp/2024/1/section/47/1)

@@ -2183,6 +2111,82 @@

[^key-665edc4cd5e84300bd19a2f4bc769a77]: [Sch.](https://www.legislation.gov.uk/asp/2024/1/schedule) in force at 31.1.2024, see [s. 47(2)(b)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/b) and [S.S.I. 2024/13](https://www.legislation.gov.uk/ssi/2024/13), [reg. 2](https://www.legislation.gov.uk/ssi/2024/13/regulation/2)

[^key-80f9c3441ff3f04092c9675ecb9eff3e]: [S. 3](https://www.legislation.gov.uk/asp/2024/1/section/3) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-9ed9db7c6b449575b3194755fef67e7c]: [S. 4](https://www.legislation.gov.uk/asp/2024/1/section/4) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-06113db9f4c898aaa2d379a6909d4ede]: [S. 5](https://www.legislation.gov.uk/asp/2024/1/section/5) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-2e189abdf32fe8b987ab12204eb04c22]: [S. 6](https://www.legislation.gov.uk/asp/2024/1/section/6) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-fec667c82a991b2e7408b3a69fdbeb93]: [S. 7](https://www.legislation.gov.uk/asp/2024/1/section/7) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-66bf94ad77b6d465cc09553931ee2712]: [S. 8](https://www.legislation.gov.uk/asp/2024/1/section/8) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-8964b29fa4616c5dc541330501c1c300]: [S. 9](https://www.legislation.gov.uk/asp/2024/1/section/9) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-5e0123e243205dc14739a8c769745b07]: [S. 10](https://www.legislation.gov.uk/asp/2024/1/section/10) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-dac746aea77f26e1eb648b8875296307]: [S. 11](https://www.legislation.gov.uk/asp/2024/1/section/11) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-5446f455ff044ab214245315ab13bead]: [S. 12](https://www.legislation.gov.uk/asp/2024/1/section/12) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-2b4dcd14e5523eb200bea0f320c03966]: [S. 14](https://www.legislation.gov.uk/asp/2024/1/section/14) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-b747eac1ca745afff529137251e9c8d5]: [S. 15](https://www.legislation.gov.uk/asp/2024/1/section/15) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-b0dd4eb5e5a754757cb668522430c9ee]: [S. 16](https://www.legislation.gov.uk/asp/2024/1/section/16) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-dce3d898c38832d16917403acc31916a]: [S. 17](https://www.legislation.gov.uk/asp/2024/1/section/17) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-105cfac2fca3fee6ded0741cff6733df]: [S. 18](https://www.legislation.gov.uk/asp/2024/1/section/18) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-2cef907e267ebadbdcf1bb2bba8ce0a7]: [S. 19](https://www.legislation.gov.uk/asp/2024/1/section/19) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-25f6cca7c0aad044eb3a7d454f48ef1b]: [S. 21](https://www.legislation.gov.uk/asp/2024/1/section/21) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-23377bd1c91731369b25617fddc9c5dd]: [S. 22](https://www.legislation.gov.uk/asp/2024/1/section/22) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-155b9459a0a89526baef834bd776d9b7]: [S. 23](https://www.legislation.gov.uk/asp/2024/1/section/23) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-c575a55400d85a79a72a1ef39c9c36c3]: [S. 24](https://www.legislation.gov.uk/asp/2024/1/section/24) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-328cd7e7e1fbf547fed306792f09365f]: [S. 25](https://www.legislation.gov.uk/asp/2024/1/section/25) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-4eeabbd1b457736955642764dcbbcf57]: [S. 26](https://www.legislation.gov.uk/asp/2024/1/section/26) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-84cf0c663db5f81fb853bff0d3a27dd5]: [S. 27](https://www.legislation.gov.uk/asp/2024/1/section/27) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-ca21e1fa0b89989e8db06fb3bbce4d27]: [S. 28](https://www.legislation.gov.uk/asp/2024/1/section/28) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-792521435b2dbeaee142a4463c8a3ff4]: [S. 29](https://www.legislation.gov.uk/asp/2024/1/section/29) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-7c6f365717cd93292375584181255a3f]: [S. 30](https://www.legislation.gov.uk/asp/2024/1/section/30) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-5a534ae84cda2986b65e1bb64baf3382]: [S. 31](https://www.legislation.gov.uk/asp/2024/1/section/31) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-38fd6d1f7a7cad5863e82698fdc1fc46]: [S. 32](https://www.legislation.gov.uk/asp/2024/1/section/32) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-93e2f3e116889fb9d6c4c1be643ba5a2]: [S. 33](https://www.legislation.gov.uk/asp/2024/1/section/33) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-8dfc7cfed870d5edcdc6d56c69cba335]: [S. 34](https://www.legislation.gov.uk/asp/2024/1/section/34) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-bc5c1b3aeb7c6d79f712a72e69216c56]: [S. 35](https://www.legislation.gov.uk/asp/2024/1/section/35) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-b37e35bc3651b06582e51fad81f2d4cb]: [S. 36](https://www.legislation.gov.uk/asp/2024/1/section/36) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-ceb4e6080fb4cc65f8c434d1df3139e2]: [S. 37](https://www.legislation.gov.uk/asp/2024/1/section/37) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-eca70a857fa68245454cd2def360a535]: [S. 38](https://www.legislation.gov.uk/asp/2024/1/section/38) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-c6d30186b2fc27110141ca41b21e9652]: [S. 39](https://www.legislation.gov.uk/asp/2024/1/section/39) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-7be0f9ba517b0e1360b9b590b29b9a7e]: [S. 40](https://www.legislation.gov.uk/asp/2024/1/section/40) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-847bd2b608d0d4f44b4b740e5626c1d3]: [S. 41](https://www.legislation.gov.uk/asp/2024/1/section/41) in force at 16.7.2024, see [s. 47(2)(a)](https://www.legislation.gov.uk/asp/2024/1/section/47/2/a)

[^key-4bc8fa1e4867a5e03f2a8f03a396b998]: [S. 8(6)](https://www.legislation.gov.uk/asp/2024/1/section/8/6) inserted (16.7.2024) by [Children (Care and Justice) (Scotland) Act 2024 (asp 5)](https://www.legislation.gov.uk/asp/2024/5), [ss. 33(3)](https://www.legislation.gov.uk/asp/2024/5/section/33/3), [38(2)](https://www.legislation.gov.uk/asp/2024/5/section/38/2)

#### Meaning of references to States Parties and related expressions in the UNCRC requirements

#### Power to modify the schedule

@@ -2197,10 +2201,88 @@

#### Judicial remedies

#### Restriction on proceedings in respect of judicial acts

#### Power for Commissioner to bring or intervene in proceedings

#### Power for Scottish Commission for Human Rights to bring or intervene in proceedings

#### Guidance on this Part

#### Children’s Rights Scheme

#### Procedure for making, amending and remaking the Scheme

#### Reviewing and reporting on the Scheme

#### Child rights and wellbeing impact assessments

#### Reporting duty of listed authorities

#### Listed authorities

#### Guidance on section 18

#### Reporting duty of the Scottish Parliament

#### Consequential amendments of Children and Young People (Scotland) Act 2014

#### Statements of compatibility in relation to legislation

#### Interpretation of legislation

#### Strike down declarators

#### Incompatibility declarators

#### Power to intervene in proceedings where strike down declarator or incompatibility declarator is being considered

#### Ministerial action following strike down declarator or incompatibility declarator

#### Primary legislation words to which this Part applies

#### Subordinate legislation words to which this Part applies

#### Meaning of “compatibility question”

#### UNCRC compatibility issues in criminal proceedings

#### Power to institute proceedings to determine compatibility question

#### Power to intervene in proceedings where compatibility question arises

#### Direct references to Supreme Court: compatibility question arising in proceedings

#### Direct references to Supreme Court: compatibility question not arising in proceedings

#### Additional expenses

#### Remedial regulations

#### Urgent remedial regulations

#### Interpretation

#### No modification of the Human Rights Act 1998

#### Rules of court

#### Regulations

#### Ancillary provision

#### Commencement

#### Short title

For the purposes of the present Convention, a child means every human being below the age of eighteen years.

#### Child’s view on effectiveness of reliefs etc.

#### Restriction on proceedings in respect of judicial acts

#### Power for Commissioner to bring or intervene in proceedings

#### Power for Scottish Commission for Human Rights to bring or intervene in proceedings

@@ -2251,14 +2333,14 @@

#### Reference of compatibility question to higher court

#### Direct references to Supreme Court: compatibility question arising in proceedings

#### Direct references to Supreme Court: compatibility question not arising in proceedings

#### Additional expenses

#### Remedial regulations

#### Remedial regulations: procedure

#### Urgent remedial regulations

#### Interpretation

2024-01-31

United Nations Convention on the Rights of the Child (Incorporation) (S

View changes Text at this date

2024-01-17

United Nations Convention on the Rights of the Child (Incorporation) (S

View changes Text at this date

2024-01-16

United Nations Convention on the Rights of the Child (Incorporation)

original version Text at this date