LegalizeThe Children and Young People (Scotland) Act 2014 (Commencement No. 10 and Saving Provision) Order 2015
Made: 1st December 2015
Laid before the Scottish Parliament: 3rd December 2015
Coming into force: 5th January 2016
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 102(3) and (4) of the Children and Young People (Scotland) Act 2014[^f00001] and all other powers enabling them to do so.
Citation, commencement and interpretation
1
This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 10 and Saving Provision) Order 2015 and comes into force on 5th January 2016.
2
In this Order—
- “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995[^f00002]; and
- “the 2014 Act” means the Children and Young People (Scotland) Act 2014.
Days appointed
3
- (1) 1st February 2016 is the day appointed for the coming into force of section 91 of the 2014 Act, in so far as not already in force.
- (2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the 2014 Act specified in—
- (a) column 1 of Part 1 of the Schedule (the subject matter of which is described in column 2 of that Part) is 5th January 2016; and
- (b) column 1 of Part 2 of the Schedule (the subject matter of which is described in column 2 of that Part) is 1st April 2016.
- (3) Where a purpose is specified in column 3 of the Schedule in relation to any provision specified in column 1 of Part 1 or 2, that provision comes into force in accordance with paragraph (2) for that purpose only.
Saving provision
4
Despite article 3(1) appointing 1st February 2016 as the day on which section 91 of the 2014 Act (which inserts section 44A into the 1995 Act) comes into force, the 1995 Act continues to have effect on or after that date as it had effect immediately before that date in relation to any decision to detain a child in secure accommodation in pursuance of an order made under section 44 of the 1995 Act, where that decision was taken before 1st February 2016.
SCHEDULE
PART 1 — Provisions of the 2014 Act for which the day appointed for coming into force is 5th January 2016
| Column 1 Provisions of the 2014 Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
| Section 19 | Named person service | So far as is necessary to enable the Scottish Ministers to make orders under section 19(3)(b) of the 2014 Act |
| Section 30 | Complaints in relation to Part 4 | So far as is necessary to enable the Scottish Ministers to make orders under section 30(1) of the 2014 Act |
| Section 31 | Relevant authorities | So far as is necessary to enable the Scottish Ministers to make orders under section 31(2) of the 2014 Act |
| Section 33 | Child’s plan: requirement | So far as is necessary to enable the Scottish Ministers to make orders under section 33(6) of the 2014 Act |
| Section 34 | Content of a child’s plan | So far as is necessary to enable the Scottish Ministers to make orders under section 34(4) of the 2014 Act |
| Section 35 | Preparation of a child’s plan | So far as is necessary to enable the Scottish Ministers to make orders under section 35(6) and (8) of the 2014 Act |
| Section 37 | Responsible authority: special cases | So far as is necessary to enable the Scottish Ministers to make orders under section 37(7) of the 2014 Act |
| Section 39 | Child’s plan: management | So far as is necessary to enable the Scottish Ministers to make orders under section 39(2) and (6) of the 2014 Act |
| Section 43 | Complaints in relation to Part 5 | So far as is necessary to enable the Scottish Ministers to make orders under section 43(1) of the 2014 Act |
| Section 44 | Listed authorities | So far as is necessary to enable the Scottish Ministers to make orders under section 44(2) of the 2014 Act |
| Section 96 (so far as not already in force) | Assessment of wellbeing |
PART 2 — Provisions of the 2014 Act for which the day appointed for coming into force is 1st April 2016
| Column 1 Provisions of the 2014 Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
| Section 71 (so far as not already in force) | Assistance in relation to kinship care orders | |
| Section 73 (so far as not already in force) | Kinship care assistance: further provision | |
| Section 75 (so far as not already in force) | Scotland’s Adoption Register | |
| Section 98 | Modification of enactments (consequential amendments) | For the purpose of commencing paragraph 11(1), (5) and (6) of schedule 5 to the 2014 Act |
| Schedule 5, paragraph 11(1), (5) and (6) (so far as not already in force) | Consequential amendments |
Signed
AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 1st December 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 commences section 91 of the 2014 Act (which inserts a new section 44A into the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), so far as not already in force, with effect from 1st February 2016. This section was partially commenced by an earlier commencement order for the purpose of enabling the Scottish Ministers to make regulations under section 44A(5).
Article 4 makes saving provision so that, despite the Order commencing section 91 of the 2014 Act on 1st February 2016, the 1995 Act will continue to apply as it did before that date (ie without section 44A) in relation to any decision to detain a child in secure accommodation in pursuance of an order made under section 44 of the 1995 Act, where that decision was taken before 1st February 2016.
The Order partially commences provisions within Parts 4 (provision of named persons) and 5 (child’s plan) of the 2014 Act, with effect from 5th January 2016, for the limited purpose of enabling the Scottish Ministers to make orders in accordance with the powers contained in those Parts.
The Order commences section 96 of the 2014 Act (which relates to the assessment of wellbeing under the Act), so far as not already in force, with effect from 5th January 2016. This section has been partially commenced by earlier commencement orders.
Sections 71 and 73 of the 2014 Act are commenced, so far as not already in force, with effect from 1st April 2016. These sections are contained within Part 13 of the 2014 Act (support for kinship care) and were partially commenced by an earlier commencement order for the purpose of enabling the Scottish Ministers to make orders under the sections.
The Order also commences section 75 of, and paragraph 11(1), (5) and (6) of schedule 5 to, the 2014 Act so far as not already in force, with effect from 1st April 2016. These provisions relate to Scotland’s Adoption Register, and amendments to the Adoption and Children (Scotland) Act 2007 (“the 2007 Act”). They were partially commenced by an earlier commencement order for the purpose of enabling the Scottish Ministers to make regulations under section 13A(2) of the 2007 Act. Section 98 of the 2014 Act is partially commenced to allow paragraph 11(1), (5) and (6) of the schedule to operate.
Footnotes
[^f00001]: 2014 asp 8.
[^f00002]: 1995 c.46.
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