The Children and Young People (Scotland) Act 2014 (Commencement No. 5 and Saving Provision) Order 2014

Made: 9th December 2014

Laid before the Scottish Parliament: 10th December 2014

Coming into force: 9th January 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 102(3) and (4) of the Children and Young People (Scotland) Act 2014[^f00001].

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 5 and Saving Provision) Order 2014 and comes into force on 9th January 2015.

• (2) In this Order—

• “the 2014 Act” means the Children and Young People (Scotland) Act 2014;

• “the 2011 Act” means the Children’s Hearings (Scotland) Act 2011[^f00002]; and

• “the 2010 Act” means the Schools (Consultation) (Scotland) Act 2010[^f00003].

Appointed day

2

• (1) 9th January 2015 is the day appointed for the coming into force of—

• (a) section 81(4) and (5) of the 2014 Act (school closure review panels) for the purpose of bringing into force section 17A(5) of, and schedule 2A to, the 2010 Act[^f00004] (in so far as not already in force); and

• (b) section 81(7), (10), (11)(a) and (12) of the 2014 Act.

• (2) 26th January 2015 is the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (the subject-matter of which is described in column 2 of the Schedule).

• (3) Where a purpose is specified in column 3 of the Schedule to this Order in relation to any provision specified in column 1 of that Schedule, that provision comes into force on 26th January 2015 for that purpose only.

Saving provision

3

• (1) Where paragraph (2) applies, section 54(c) and (d) of the 2011 Act (termination of order after maximum of 8 working days) continue to have effect on and after 26th January 2015 as they had effect immediately before that date.

• (2) This paragraph applies in the case of a child protection order[^f00005] made before 26th January 2015.

SCHEDULE

Signed

AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 9th December 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force section 81(4) and (5) (school closure review panels) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) on 9th January 2015, for the purpose of bringing into force section 17A(5) of, and schedule 2A to, the Schools (Consultation) (Scotland) Act 2010 (so far as not already in force), and section 81(7), (10), (11)(a) and (12) of the 2014 Act.

This Order also brings into force the following provisions of the 2014 Act on 26th January 2015: sections 82, 83, 84, 85, 86, 87, 88, 89 and 90, which make amendments to the Children’s Hearings (Scotland) Act 2011 (asp 1) (“the 2011 Act”); paragraphs 3(1) and (2) and 12(1) to (9) of schedule 5, which make further consequential amendments to the 2011 Act; and section 98 for the purpose of commencing those paragraphs in schedule 5 to the 2014 Act.

Article 3 makes saving provision in relation to the commencement of section 83 of the 2014 Act. It provides that where a child protection order was made before 26th January 2015 but had not, by that date, ceased to have effect, section 54(c) and (d) will continue to have effect as it did before that date.

Footnotes

[^f00001]: 2014 asp 8.

[^f00002]: 2011 asp 1.

[^f00003]: 2010 asp 2.

[^f00004]: Paragraphs 1(9) and 2(5) of schedule 2A were brought into force on 1st August 2014 by S.S.I. 2014/165 so far as is necessary to enable the Scottish Ministers to make Regulations.

[^f00005]: As defined in section 37(2) of the 2011 Act. Section 54 of the 2011 Act makes provision in respect of termination of child protection orders.