The Children and Young People (Scotland) Act 2014 (Commencement No. 12 and Saving Provision) Order 2016

Made: 6th September 2016

Laid before the Scottish Parliament: 8th September 2016

Coming into force: 7th October 2016

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 and commencement

1

This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 12 and Saving Provision) Order 2016 and comes into force on 7th October 2016.

Interpretation

2

In this Order—

• “the 2003 Act” means the Commissioner for Children and Young People (Scotland) Act 2003[^f00002]; and

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

Days appointed

3

• (1) 7th October 2016 is the day appointed for the coming into force of the following provisions of the 2014 Act—

• (a) section 7 and sections 9 to 18; and

• (b) so far as not already in force, section 8.

• (2) 28th November 2016 is the day appointed for the coming into force of the following provisions of the 2014 Act—

• (a) section 92; and

• (b) paragraph 3(3) of schedule 5.

• (3) 1st April 2017 is the day appointed for the coming into force of the following provisions of the 2014 Act—

• (a) sections 2 and 3;

• (b) schedule 1; and

• (c) paragraphs 4(2), 4(3), 5(3), 9, 11(2), 11(3) and 11(4) of schedule 5.

• (4) 7th August 2017 is the day appointed for the coming into force of sections 5 and 6 of the 2014 Act.

Saving provision

4

Despite article 3(4) appointing 7th August 2017 as the day on which section 5 (investigations) of the 2014 Act comes into force, the 2003 Act continues to have effect on and after that date as it had effect immediately before that date in relation to any investigation under section 7 of the 2003 Act which—

• (a) has commenced prior to that date; and

• (b) has not concluded by that date.

Signed

MARK McDONALD — Authorised to sign by the Scottish Ministers — 6th September 2016

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”).

The Order commences all of the sections in Parts 1 (rights of children), 2 (commissioner for children and young people in Scotland) and 3 (children’s services planning) of the 2014 Act, so far as not already in force. It also commences section 92 (power of Scottish Ministers to modify circumstances in which children’s legal aid to be made available).

Article 3 (1) appoints 7th October 2016 as the day for the coming into force of sections 7 and 9 to 18 and, so far as not already in force, section 8 of the 2014 Act. Section 8 was partially commenced by an earlier commencement order for the purpose of enabling the Scottish Ministers to make orders under that section. These provisions all relate to children’s services planning.

Article 3 (2) appoints 28th November 2016 as the day for the coming into force of section 92 and paragraph 3(3) of schedule 5 of the 2014 Act. These provisions amend the Legal Aid (Scotland) Act 1986.

Article 3 (3) appoints 1st April 2017 as the day for the coming into force of sections 2 and 3 and schedule 1 of the 2014 Act. These provisions relate to the rights of children. In addition, article 3(3) appoints 1st April 2017 as the day for the coming into force of paragraphs 4(2) and (3), 5(3), 9 and 11(2) to (4) of schedule 5 of the 2014 Act. These provisions all relate to children’s services planning.

Article 3 (4) appoints 7th August 2017 as the day for the coming into force of sections 5 and 6 of the 2014 Act. These provisions relate to the Commissioner for Children and Young People in Scotland.

Footnotes

[^f00001]: 2014 asp 8.

[^f00002]: 2003 asp 17.