The Children and Young People (Scotland) Act 2014 (Commencement No. 9 and Saving Provision) Order 2015

Made: 1st September 2015

Laid before the Scottish Parliament: 3rd September 2015

Coming into force: 30th September 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. 9 and Saving Provision) Order 2015 and comes into force on 30th September 2015.

• (2) In this Order, “the 2014 Act” means the Children and Young People (Scotland) Act 2014.

Appointed day

2

• (1) 30th September 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).

• (2) Where a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1 of the Schedule, that provision comes into force on 30th September 2015 for that purpose only.

Saving provision

3

Despite article 2 appointing 30th September 2015 as the day on which paragraph 4(4) of schedule 5 to the 2014 Act (modification of the 1995 Act) comes into force, section 44 of the 1995 Act (prohibition of publication of proceedings at children’s hearing)[^f00002] continues to have effect on and after that date as it had effect immediately before that date in relation to any proceedings or appeal mentioned in subsection (1) of that section which—

• (a) have or has concluded as at that date; or

• (b) are or is continuing on that date.

SCHEDULE

Signed

AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 1st September 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force provisions of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”).

It partially commences section 8 of the 2014 Act on 30th September 2015 for the limited purpose of enabling Scottish Ministers to make orders in accordance with the powers contained in that provision (article 2 and the Schedule). This section relates to powers in Part 3 of the 2014 Act (children’s services planning).

Section 75 of the 2014 Act (Scotland’s Adoption Register) and paragraphs 11(1), (5) and (6) of schedule 5 to the 2014 Act are partially commenced by this Order on 30th September 2015 so far as necessary to enable Scottish Ministers to make regulations under section 13A(2) of the Adoption Children (Scotland) Act 2007.

This Order also partially commences section 98 of the 2014 Act (modification of enactments) for the purpose of commencing paragraphs 4(1) and (4), 5(1) and (2), and 12(10) of schedule 5 to the 2014 Act on 30th September 2015.

Article 3 makes saving provision so that, despite this Order commencing paragraph 4(4) of schedule 5 to the 2014 Act on 30th September 2015, section 44 of the Children (Scotland) Act 1995 (prohibition of publication of proceedings at children’s hearing) continues to have the same effect on and after that date as it had immediately before that date in relation to any proceedings or appeals mentioned in section 44(1) which have concluded, or are continuing, on that date.

Footnotes

[^f00001]: 2014 asp 8.

[^f00002]: Section 97(1) of the 2014 Act defines “the 1995 Act” as meaning the Children (Scotland) Act (c.36). Section 44 is amended by the Criminal Justice (Scotland) Act 2003 (asp 7), section 52(a); the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 9(5); and the 2014 Act, schedule 5, paragraph 4(4).

[^f00003]: 2007 asp 4. Section 13A is inserted by section 75 of the 2014 Act.