Children (Scotland) Act 1995 (c. 36)

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Children and Young Persons Act 1969 (c. 54)

16 In Schedule 5 to the Children and Young Persons Act 1969, paragraphs 57 and 65(1) (which relate to the provision of accommodation for children outside Scotland) shall cease to have effect.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

17 (1) The Chronically Sick and Disabled Persons Act 1970 shall be amended in accordance with this paragraph.

(2) In section 18(2) (information as to accommodation of younger with older persons), for the words “having functions under the Social Work (Scotland) Act 1968” substitute “, in respect of their functions both under the Social Work (Scotland) Act 1968 and under the Children (Scotland) Act 1995,”.

(3) In section 29(2) (modifications of provisions of the Act in their application to Scotland)—

(a) in paragraph (a), at the end add “except that in the case of persons under eighteen years of age such references shall instead be construed as references to duties to disabled children (within the meaning of Chapter 1 of Part II of the Children (Scotland) Act 1995)”; and

(b) for paragraph (b) substitute—

“(b) any references to services provided under arrangements made by a local authority under the said section 29 shall be construed as references to services for—

(i) such chronically sick or disabled, or such mentally disordered, persons provided by virtue of the said section 12; or

(ii) such disabled children provided under section 22(1) of the said Act of 1995,

by a local authority;”.

Sheriff Courts (Scotland) Act 1971 (c. 58)

18 (1) The Sheriff Courts (Scotland) Act 1971 shall be amended in accordance with this paragraph.

(2) In section 32(1) (power of Court of Session to regulate civil procedure in the sheriff court), after paragraph (i) insert—

“(j) permitting a person who is not an advocate or solicitor and is not represented by an advocate or solicitor to transmit, whether orally or in writing, the views of a child to the sheriff for the purposes of any enactment which makes provision (however expressed) for the sheriff to have regard to those views.”.

(3) In section 37(2A) (remit to Court of Session), for the words “the custody” substitute “parental responsibilities or parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to a child or the”.

Employment of Children Act 1973 (c. 24)

19 In section 2(2A) of the Employment of Children Act 1973 (supervision by education authorities), for paragraph (b) substitute—

“(b) in Scotland, if he has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the child or care of him.”.

Domicile and Matrimonial Proceedings Act 1973 (c. 45)

20 (1) The Domicile and Matrimonial Proceedings Act 1973 shall be amended in accordance with this paragraph.

(2) In section 10 (ancillary and collateral orders)—

(a) in subsection (1)—

(i) for the words from the beginning to “in connection with” substitute “Where after the commencement of this Act an application is competently made to the Court of Session or to a sheriff court for the making, or the variation or recall, of an order which is ancillary or collateral to”;

(ii) the words “as respects the person or property in question” shall cease to have effect; and

(b) after subsection (1) insert—

“(1A) For the purposes of subsection (1) above, references to an application for the making, or the variation or recall, of an order are references to the making, or the variation or recall, of an order relating to children, aliment, financial provision on divorce, judicial separation, nullity of marriage or expenses.”.

(3) In paragraph 11 of Schedule 3 (sisting of consistorial action)—

(a) in sub-paragraph (1), in the definition of “the relevant order”, for the words from “made” to the end substitute “relating to aliment or children”; and

(b) in sub-paragraph (3), for the words “custody of a child, and the education of a child” substitute “arrangements to be made as to with whom a child is to live, contact with a child, and any other matter relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act”.

Land Compensation (Scotland) Act 1973 (c. 56)

21 (1) The Land Compensation (Scotland) Act 1973 shall be amended in accordance with this paragraph.

(2) In section 35(3) (disturbance payments where modification of dwelling required for disabled person), in paragraph (a), after “1968” insert “or section 23 of the Children (Scotland) Act 1995”.

(3) In section 80(1) (interpretation), in the definition of “disabled person”—

(a) after “means” insert “—

(a)”; and

(b) after “1972” insert “; and

(b) a child in need within the meaning of section 93(4)(a)(iii) of the Children (Scotland) Act 1995”.

Local Government (Scotland) Act 1973 (c. 65)

22 (1) The Local Government (Scotland) Act 1973 shall be amended in accordance with this paragraph.

(2) In section 56(9) (enactments exempted from repeal by virtue of that section), for paragraph (d) substitute—

“(d) paragraphs 3 and 8 of Schedule 1 to the Children (Scotland) Act 1995 (Children’s Panel Advisory Committees and joint advisory committees);”.

(3) In Schedule 25, paragraph 41 shall cease to have effect.

(4) In Schedule 27, paragraphs 185 and 187 shall cease to have effect.

Rehabilitation of Offenders Act 1974 (c. 53)

23 (1) The Rehabilitation of Offenders Act 1974 shall be amended in accordance with this paragraph.

(2) In section 3 (special provision with respect to certain disposals by children’s hearings)—

(a) for the words “Social Work (Scotland) Act 1968 is that mentioned in section 32(2)(g)” substitute “Children (Scotland) Act 1995 is that mentioned in section 51(2)(i)”; and

(b) for the words “to the satisfaction of the sheriff under section 42 of that Act, the acceptance or establishment” substitute “(or deemed established) to the satisfaction of the sheriff under section 62 or (Application for review of establishment of grounds of referral) of that Act, the acceptance, establishment (or deemed establishment)”.

(3) In section 5 (rehabilitation periods for particular sentences)—

(a) in subsection (3)(b), for the words “43(2) of the Social Work (Scotland) Act 1968” substitute “69(1)(b) and (12) of the Children (Scotland) Act 1995”;

(b) in subsection (5)(f), for the words “Social Work (Scotland) Act 1968” substitute “Children (Scotland) Act 1995”;

(d) subsection (10A) shall cease to have effect.

(4) In section 7(2) (limitations on rehabilitation)—

(a) for paragraph (c) substitute—

“(c) in any proceedings relating to parental responsibilities or parental rights (within the meaning of section 1(3) and section 2(4) respectively of the Children (Scotland) Act 1995), guardianship, adoption or the provision by any person of accommodation, care or schooling for children under the age of 18 years;

(cc) in any proceedings under Part II of the Children (Scotland) Act 1995;”;

(b) paragraph (e) shall cease to have effect; and

Criminal Procedure (Scotland) Act 1975 (c. 21)

24 (1) The Criminal Procedure (Scotland) Act 1975 shall be amended in accordance with this paragraph.

(2) Section 14 shall cease to have effect.

(3) In section 23 (which, as amended by the [1995 c. 20.] Criminal Justice (Scotland) Act 1995, provides for remand of persons under twenty one in secure accommodation)—

(a) in sub-paragraph (i) of paragraph (a) of subsection (1), for the words “the [1968 c. 49.] Social Work (Scotland) Act 1968” substitute “Part II of the Children (Scotland) Act 1995”; and

(b) in paragraph (a) of subsection (4), for the words “the Social Work (Scotland) Act 1968” substitute “Part II of the Children (Scotland) Act 1995”.

(4) In section 37 (power to order parent to give security for child’s good behaviour) after subsection (3) add—

“(4) In this section “parent” means either of the child’s parents, if that parent has parental responsibilities or parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to him.”.

(5) In section 39 (attendance at court of parent of child charged with an offence: solemn procedure)—

(a) for subsection (4) substitute—

“(4) The parent or guardian whose attendance shall be required under this section shall be—

(a) any parent who has parental responsibilities or parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to the child; or

(b) the guardian having actual possession and control of him.”; and

(b) in subsection (5), for the word “custody” substitute “care”.

(6) In section 168 (power of court to refer child to reporter where accused convicted of certain offences: solemn proceedings)—

(a) in paragraph (c), the word “female” shall cease to have effect;

(b) in paragraph (ii), after the word “above” insert “or the person in respect of whom the offence so mentioned was committed”; and

(c) for the words “Part III of the [1968 c. 49.] Social Work (Scotland) Act 1968” substitute “Chapter 3 of Part II of the Children (Scotland) Act 1995”.

(7) In section 171(2) (regard to be had to certain provisions in presumption of age of child: solemn proceedings)—

(a) for the words “application of the provisions of section 30(1) of the Social Work (Scotland) Act 1968” substitute “definition of a child for the purposes of Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995”; and

(b) for the words “under Part V of that Act” substitute “by virtue of regulations made under that Act for the purpose of giving effect to orders made in different parts of the United Kingdom”.

(8) In section 177 (directions by court in solemn proceedings as to conveyance of person to residential establishment), the words “provided by a local authority under Part IV of the Social Work (Scotland) Act 1968” shall cease to have effect.

(9) In section 296 (powers of police in relation to children apprehended)—

(a) in subsection (3), the words from “and the child” to the end shall cease to have effect; and

(b) subsection (4) shall cease to have effect.

(10) In section 304 (power to require parent to give security for child’s good behaviour), after subsection (3) add—

(11) In section 307 (attendance at court of parent of child charged with an offence: summary procedure)—

(a) for subsection (4) substitute—

“(4) The parent or guardian whose attendance shall be required under this section shall be—

(a) any parent who has parental responsibilities or parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to the child; or

(b) the guardian having actual possession and control of him.”; and

(b) in subsection (5), for the word “custody” substitute “care”.

(12) Section 323 shall cease to have effect.

(13) In section 329 (which, as amended by the [1995 c. 20.] Criminal Justice (Scotland) Act 1995, provides for remand of persons under twenty one in secure accommodation)—

(a) in sub-paragraph (i) of paragraph (a) of subsection (1), for the words “the Social Work (Scotland) Act 1968” substitute “Part II of the Children (Scotland) Act 1995”; and

(b) in paragraph (a) of subsection (4), for the words “the Social Work (Scotland) Act 1968” substitute “Part II of the Children (Scotland) Act 1995”.

(14) In section 364 (power of court to refer child to reporter where accused convicted of certain offences: summary proceedings)—

(a) in paragraph (c) the word “female” shall cease to have effect;

(b) in paragraph (ii), after the word “above” insert “or the person in respect of whom the offence so mentioned was committed”; and

(c) for the words “Part III of the Social Work (Scotland) Act 1968” substitute “Chapter 3 of Part II of the Children (Scotland) Act 1995”.

(15) In section 368(2) (regard to be had to certain provisions in presumption of age of child: summary proceedings)—

(a) for the words “application of the provisions of section 30(1) of the [1968 c. 49.] Social Work (Scotland) Act 1968” substitute “definition of a child for the purposes of Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995”; and

(16) In section 378 (directions by court in summary proceedings as to conveyance of person to residential establishment), the words “provided by a local authority under Part IV of the Social Work (Scotland) Act 1968” shall cease to have effect.

(17) In section 413 (detention of children found guilty in summary proceedings)—

(a) in subsection (1), for the words “residential care” substitute “residential accommodation provided under Part II of the Children (Scotland) Act 1995”;

(b) in subsection (3)—

(i) the definitions of “care” and of “the 1968 Act” shall cease to have effect; and

(ii) after the definition of “the appropriate local authority” insert—

““secure accommodation” has the meaning assigned to it in Part II of the Children (Scotland) Act 1995”;

“(3A) Where a child in respect of whom an order is made under this section is detained by the appropriate local authority, that authority shall have the same powers and duties in respect of the child as they would have if he were subject to a supervision requirement.”;

(d) in subsection (4), the words “within the meaning of the 1968 Act” shall cease to have effect;

(e) in subsection (5), the words “(within the meaning of the 1968 Act)” shall cease to have effect;

(f) in subsection (6), for the word “care” substitute “accommodation”;

(g) in subsection (6A), the words “within the meaning of the 1968 Act” shall cease to have effect;

(h) in subsection (6B)—

(i) for the words “care of” substitute “accommodation provided by”; and

(ii) for the words “their care” substitute “that accommodation or any other such accommodation provided by that authority”; and

(i) in subsection (6C)—

(i) for the word “care” where it first occurs substitute “accommodation provided by the appropriate local authority”;

(ii) in paragraph (a), for the word “care” substitute “accommodation”; and

(iii) in paragraph (b), for the words “residential care” where they first occur substitute “detention in residential accommodation” and for those words where they secondly occur substitute “such detention”.

(18) In section 462 (interpretation) in the definition of—

(a) “child”, for the words “by section 30 of the [1968 c. 49.] Social Work (Scotland) Act 1968” substitute “for the purposes of Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995”;

(b) “children’s hearing”, for the words “by section 34(1) of the Social Work (Scotland) Act 1968” substitute “in Part II of the Children (Scotland) Act 1995”;

(c) “place of safety”, for the words “section 94(1) of the Social Work (Scotland) Act 1968” substitute “Part II of the Children (Scotland) Act 1995”;

(d) “residential establishment”, for the words from “has” to the end substitute “means an establishment within the meaning of that expression for the purposes of the Social Work (Scotland) Act 1968 or, as the case may be, of Part II of the Children (Scotland) Act 1995”; and

(e) “supervision requirement”, for the words “by section 44(1) of the Social Work (Scotland) Act 1968” substitute “in Part II of the Children (Scotland) Act 1995”.

Local Government (Scotland) Act 1975 (c. 30)

25 In section 23(2) of the Local Government (Scotland) Act 1975 (bodies subject to investigation by Commissioner for Local Administration in Scotland), for paragraph (d) substitute—

“(d) any Children’s Panel Advisory Committee formed under paragraph 3, or joint advisory committee formed under paragraph 8, of Schedule 1 to the Children (Scotland) Act 1995;”.

Children Act 1975 (c. 72)

26 (1) The Children Act 1975 shall be amended in accordance with this paragraph.

(2) Sections 47 to 49 shall cease to have effect.

(3) In section 50 (payments towards maintenance for children), for the words from “custody” to “authority” substitute “a child under the age of sixteen is residing with and being cared for (other than as a foster child) by a person other than a parent of the child, a council constituted under section 2 of the [1994 c. 39.] Local Government (Scotland) Act 1994”.

(4) In section 51 (restriction on removal of child where applicant has provided home for three years)—

(a) in subsection (1), for the words “custody of” substitute “a residence order in relation to”;

(b) for subsection (2) substitute—

“(2) In any case where subsection (1) applies, and the child—

(a) was being looked after by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 before he began to have his home with the applicant, and

(b) continues to be looked after by such a council,

the council by whom the child is being looked after shall not remove him from the applicant’s care and possession except—

(i) with the applicant’s consent;

(ii) with the leave of the court; or

(iii) in accordance with an order made, or authority or warrant granted, under Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995.”; and

“(5) In this section “looked after” and “residence order” have the meanings given respectively by section 17(6) and section 11(2)(c) of the Children (Scotland) Act 1995; and “residence order” shall have the same meaning in sections 52 and 53 of this Act.”.

(5) In section 52 (return of child taken away in breach of section 51), for the words “custody of” substitute “a residence order in relation to”.

(6) Section 53 (custody order on application for adoption in Scotland) shall cease to have effect.

(7) In section 55 (interpretation and extent), for the words “sections 47 to 54”, in both places where they occur, substitute “sections 50 to 53”.

(8) Sections 73 to 84, 89, 99, 100, 102 and 103 shall cease to have effect.

(9) Section 107 (interpretation), except in so far as subsection (1) defines “adoption society”, “child” and “voluntary organisation”, shall cease to have effect.

(10) In Schedule 3 (minor and consequential amendments), paragraph 52 to 57 shall cease to have effect.

Sexual Offences (Scotland) Act 1976 (c. 67)

27 (1) The Sexual Offences (Scotland) Act 1976 shall be amended in accordance with this paragraph.

(2) In section 11(1) (causing or encouraging seduction, prostitution etc. of girls under sixteen), for the words “the custody” substitute “parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995), in relation to, or having”.

(3) In section 14(1) (allowing child to be in brothel), for the words “the custody” substitute “parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995), in relation to, or having”.

Education (Scotland) Act 1980 (c. 44)

28 (1) The Education (Scotland) Act 1980 shall be amended in accordance with this paragraph.

(2) In section 36(3) (referral to reporter of case of irregular school attendance), for the words from “may” to the end substitute “, where no requirement arises under section 53(1) of the Children (Scotland) Act 1995 to give information about the child to the Principal Reporter, may under this subsection provide the Principal Reporter with such information.”.

(3) In section 44—

(a) subsection (1) (referral by court to Principal Reporter of case involving offence against section 35) shall cease to have effect; and

(b) in subsection (2) (powers of court where no referral to Principal Reporter), for the words “subsection (1) above, make a direction” substitute “section 54(1) of the Children (Scotland) Act 1995, refer the matter to the Principal Reporter”.

(4) In section 65B(6) (sending of report in relation to recorded child)—

(a) paragraph (a) shall cease to have effect; and

(b) at the end add— “and the local authority as education authority shall also ensure that the local authority for the purposes of Part II of the Children (Scotland) Act 1995 receive such a copy.”.

(5) In section 135(1) (interpretation)—

(a) in the definition of “parent”, for the words “the actual custody of” substitute “parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to, or has care of”.

(b) the definition of “reporter of the appropriate local authority” shall cease to have effect;

““residential establishment” has the meaning given by paragraph (a) of the definition of that expression in section 93(1) of the Children (Scotland) Act 1995;”; and

(d) for the definition of “supervision requirement” substitute—

““supervision requirement” has the meaning given by section 70(1) of the said Act of 1995;”.

Criminal Justice (Scotland) Act 1980 (c. 62)

29 (1) The Criminal Justice (Scotland) Act 1980 shall be amended in accordance with this paragraph.

(2) In section 3 (right to have someone informed when arrested or detained), in subsection (5)(b), for the words “actual custody” substitute “care”.

(3) In Schedule 7, paragraph 21 (which confers jurisdiction on a sheriff for the purposes of certain applications under section 42 of the [1968 c. 49.] Social Work (Scotland) Act 1968) shall cease to have effect.

Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

30 In section 22 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (interpretation), in the definition of “child”, for the word “accepted” substitute “treated”.

Civil Jurisdiction and Judgments Act 1982 (c. 27)

31 In Schedule 9 to the Civil Jurisdiction and Judgments Act 1982 (excluded proceedings), after paragraph 2 insert—

“2A Proceedings relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act.”.

Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

32 In Schedule 2 to the Health and Social Services and Social Security Adjudications Act 1983, paragraphs 4 to 6 and 8 (which amend provisions of the Social Work (Scotland) Act 1968 repealed by this Act) shall cease to have effect.

Mental Health (Scotland) Act 1984 (c. 36)

33 (1) The Mental Health (Scotland) Act 1984 shall be amended in accordance with this paragraph.

(2) In section 10(1) (application of provisions relating to certain patients suffering from mental disorder)—

(a) in paragraph (a), sub-paragraph (i), and the word “or” immediately following that sub-paragraph, shall cease to have effect; and

(b) after paragraph (a) insert—

“(aa) a child or young person in relation to whom parental rights and responsibilities have been transferred to a local authority by virtue of section 86(1) of the Children (Scotland) Act 1995;”.

(3) In section 54 (local authority to be deemed nearest relative of certain children and young persons), for paragraph (a) substitute—

“(a) the parental rights and responsibilities in relation to a patient who is a child or young person have been transferred to a local authority by virtue of section 86(1) of the Children (Scotland) Act 1995;”.

(4) In section 55 (nearest relative of child under guardianship etc.)—

(a) for subsection (1) substitute—

“(1) Where—

(a) a guardian has been appointed for a child who has not attained the age of eighteen years; or

(b) there is in force a residence order, or a custody order, granted by a court in the United Kingdom, or an analogous order granted by a court outwith the United Kingdom (being an order which is entitled to recognition in Scotland), identifying a person as the person with whom a child under the age of sixteen years is to live,

that guardian or person shall, to the exclusion of any other person, be deemed to be the child’s nearest relative.”;

(b) for subsection (3) substitute—

“(3) In this section “guardian” does not include a guardian under this Part of this Act or, in relation to a child, a guardian whose appointment takes effect under section 7, or on an order under section 11(1), of the Children (Scotland) Act 1995 where there is a parent who has parental responsibilities and parental rights in relation to the child.”; and

Child Abduction Act 1984 (c. 37)

34 In section 6 of the Child Abduction Act 1984 (offence in Scotland of person connected with a child taking or sending that child out of United Kingdom)—

(a) in subsection (1)(a)(i), after the word “person” insert “or naming any person as the person with whom the child is to live”;

(b) in subsection (2)(b), after the words “to him” insert “or naming him as the person with whom the child is to live”; and

(c) in subsection (3)(a)(i)(b), for the word “(whether” substitute “or who is named as the person with whom the child is to live (whether the award is made, or the person so named is named”.

Foster Children (Scotland) Act 1984 (c. 56)

35 (1) The Foster Children (Scotland) Act 1984 shall be amended in accordance with this paragraph.

(2) In section 2 (exceptions to definition of “foster child”)—

(a) in subsection (1), for the words “in the care of a local authority or a voluntary organisation” substitute “being looked after by a local authority”;

(b) in subsection (3), the words “within the meaning of the Social Work (Scotland) Act 1968” shall cease to have effect;

(c) in subsection (5), the words “; or (b) while he is a protected child within the meaning of section 32 of the said Act of 1978” shall cease to have effect; and

(d) after subsection (5) add—

“(6) The reference in subsection (1) above to a child being looked after by a local authority shall be construed as if it were a reference to which section 17(6) of the Children (Scotland) Act 1995 applies.”.

(3) In section 3(4) (saving for [1968 c. 49.] Social Work (Scotland) Act 1968), for the words “the Social Work (Scotland) Act 1968” substitute “Part II of the Children (Scotland) Act 1995”.

(4) In section 7(1) (persons disqualified from keeping foster children)—

(a) in paragraph (b), after the word “1968” insert “or under section 70 of the Children (Scotland) Act 1995”; and

(b) after paragraph (d) insert—

“(dd) his parental rights and parental responsibilities (within the meaning of the Children (Scotland) Act 1995) have been transferred, by an order under section 85(1) of that Act, to a local authority;”.