| Guvnor

Enforced by: Care Inspectorate
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person2

Plus 31 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Rights of children

0 of 4 sections shown

4 other sections in this Part — procedural and definitional

s.001 Duties of Scottish Ministers in relation to the rights of children

s.002 Duties of public authorities in relation to the UNCRC

s.003 Authorities to which section 2 applies

s.004 Interpretation of Part 1

Part 2

Commissioner for Children and Young People in Scotland

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.005 Investigations by the Commissioner

s.006 Requirement to respond to Commissioner's recommendations

Part 3

Children's services planning

8 of 12 sections shown

s.008 Requirement to prepare children's services plan Regulated

Other duties (1) — Crown / regulator

Local authority and health board must prepare children's services plan every 3 yearsLocal authority

s.010 Children's services plan: process Regulated

Other duties (1) — Crown / regulator

Local authority and health board must consult on children's services planLocal authority

s.011 Children's services plan: review Regulated

Other duties (1) — Crown / regulator

Local authority and health board must keep children's services plan under reviewLocal authority

s.012 Implementation of children's services plan Regulated

Other duties (1) — Crown / regulator

Local authority and partners must deliver children's services in line with the planLocal authority

s.013 Reporting on children's services plan Regulated

Other duties (1) — Crown / regulator

Local authority and health board must publish children's services plan reportLocal authority

s.014 Assistance in relation to children's services planning Regulated

Other duties (1) — Crown / regulator

Service providers must assist with children's services planning requestsCrown / Minister / Government department

s.015 Guidance in relation to children's services planning Regulated

Other duties (1) — Crown / regulator

Local authorities and service providers must have regard to Scottish Ministers' guidanceLocal authority

s.016 Directions in relation to children's services planning Regulated

Other duties (1) — Crown / regulator

Local authorities and service providers must comply with Scottish Ministers' directions on children's services planningLocal authority

4 other sections in this Part — procedural and definitional

s.007 Introductory

s.009 Aims of children's services plan

s.017 Children's services planning: default powers of Scottish Ministers

s.018 Interpretation of Part 3

Part 4

Provision of named persons

0 of 14 sections shown

14 other sections in this Part — procedural and definitional

s.019 Named person service

s.020 Named person service in relation to pre-school child

s.021 Named person service in relation to children not falling within section 20

s.022 Continuation of named person service in relation to certain young people

s.023 Communication in relation to movement of children and young people

s.024 Duty to communicate information about role of named persons

s.025 Duty to help named person

s.026 Information sharing

s.027 Disclosure of information

s.028 Guidance in relation to named person service

s.029 Directions in relation to named person service

s.030 Complaints in relation to Part 4

s.031 Relevant authorities

s.032 Interpretation of Part 4

Part 5

Child's plan

0 of 13 sections shown

13 other sections in this Part — procedural and definitional

s.033 Child's plan: requirement

s.034 Content of a child's plan

s.035 Preparation of a child's plan

s.036 Responsible authority: general

s.037 Responsible authority: special cases

s.038 Delivery of a child's plan

s.039 Child's plan: management

s.040 Assistance in relation to child's plan

s.041 Guidance on child's plans

s.042 Directions in relation to child's plans

s.043 Complaints in relation to Part 5

s.044 Listed authorities

s.045 Interpretation of Part 5

Part 6

Early learning and childcare

5 of 8 sections shown

s.047 Duty to secure provision of early learning and childcare Regulated

Other duties (1) — Crown / regulator

Secure early learning and childcare for eligible pre-school childrenLocal authority

s.049 Looked after 2 year olds: alternative arrangements to meet wellbeing needs Regulated

Other duties (1) — Crown / regulator

Local authority must arrange alternative education and care for looked-after 2-year-oldsLocal authority

s.050 Duty to consult and plan on delivery of early learning and childcare Regulated

Other duties (1) — Crown / regulator

Education authorities must consult parents and publish childcare plans every 2 yearsLocal authority

s.051 Method of delivery of early learning and childcare Regulated

Other duties (1) — Crown / regulator

Education authority must provide early learning and childcare in 10-hour sessions over 38 weeks per yearLocal authority

s.052 Flexibility in way in which early learning and childcare is made available Regulated

Other duties (1) — Crown / regulator

Education authorities must consider flexible delivery of early learning and childcareLocal authority

3 other sections in this Part — procedural and definitional

s.046 Early learning and childcare

s.048 Mandatory amount of early learning and childcare

s.053 Interpretation of Part 6

Part 7

Power to provide school education for pre-school children

1 of 1 section shown

s.054 Duty to consult and plan in relation to power to provide school education for pre-school children Regulated

Other duties (1) — Crown / regulator

Education authority must consult parents and publish pre-school plans every 2 yearsLocal authority

Part 8

Day care and out of school care

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.055 Duty to consult and plan in relation to day care and out of school care

Part 9

Corporate parenting

8 of 10 sections shown

s.058 Corporate parenting responsibilities Regulated

Other duties (1) — Crown / regulator

Corporate parents must promote and safeguard the wellbeing of looked-after childrenLocal authority

s.059 Planning by corporate parents Regulated

Other duties (1) — Crown / regulator

Corporate parents must prepare, review and publish their corporate parenting planCrown / Minister / Government department

s.060 Collaborative working among corporate parents Regulated

Other duties (1) — Crown / regulator

Corporate parents must collaborate to safeguard children's wellbeingCrown / Minister / Government department

s.061 Reports by corporate parents Regulated

Other duties (1) — Crown / regulator

Corporate parents must publish reports on their corporate parenting responsibilitiesCrown / Minister / Government department

s.062 Duty to provide information to Scottish Ministers Regulated

Other duties (1) — Crown / regulator

Corporate parents must provide information to Scottish MinistersLocal authority

s.063 Guidance on corporate parenting Regulated

Other duties (1) — Crown / regulator

Corporate parents must have regard to Scottish Ministers' guidanceCrown / Minister / Government department

s.064 Directions to corporate parents Regulated

Other duties (1) — Crown / regulator

Corporate parents must comply with Scottish Ministers' directionsCrown / Minister / Government department

s.065 Reports by Scottish Ministers Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must lay 3-yearly corporate parenting reports before ParliamentCrown / Minister / Government department

2 other sections in this Part — procedural and definitional

s.056 Corporate parents

s.057 Application of Part: children and young people

Part 10

Aftercare

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.066 Provision of aftercare to young people

Part 11

Continuing care

0 of 1 section shown

1 other section in this Part — procedural and definitional

s.067 Continuing care: looked after children

Part 12

Services in relation to children at risk of becoming looked after, etc.

1 of 3 sections shown

s.068 Provision of relevant services to parents and others Regulated

Other duties (1) — Crown / regulator

Local authorities must arrange services for eligible children and pregnant womenLocal authority

2 other sections in this Part — procedural and definitional

s.069 Relevant services: further provision

s.070 Interpretation of Part 12

Part 13

Support for kinship care

1 of 4 sections shown

s.071 Assistance in relation to kinship care orders Regulated

Other duties (1) — Crown / regulator

Local authorities must arrange kinship care assistanceLocal authority

3 other sections in this Part — procedural and definitional

s.072 Orders which are kinship care orders

s.073 Kinship care assistance: further provision

s.074 Interpretation of Part 13

Part 14

Adoption register

1 of 1 section shown

s.075 Scotland's Adoption Register Regulated

Do not disclose Scotland's Adoption Register data without authorityAny Person

Part 15

School closure proposals, etc.

1 of 6 sections shown

s.077 Restriction on closure proposals Regulated

Other duties (1) — Crown / regulator

Education authority cannot re-propose school closure for 5 yearsLocal authority

5 other sections in this Part — procedural and definitional

s.076 References to the Schools (Consultation) (Scotland) Act 2010

s.078 Financial implications of closure proposals

s.079 Correction of proposal paper

s.080 Special provision for rural school closure proposals

s.081 Call-in of closure proposals

Part 16

Children's hearings

1 of 9 sections shown

s.085 Grounds hearing: non-acceptance of facts supporting ground Regulated

Other duties (1) — Crown / regulator

Children's hearing must confirm acceptance of supporting facts and amend groundsTribunal / Court

8 other sections in this Part — procedural and definitional

s.082 Safeguarders: exceptions to duty to prepare report on appointment

s.083 Maximum period of child protection order

s.084 Power to determine that deeming of person as relevant person to end

s.086 Failure of child to attend grounds hearing: power to make interim order

s.087 Limit on number of further interim compulsory supervision orders

s.088 Area support teams: establishment

s.089 Area support teams: administrative support by local authorities

s.090 Interpretation of Part 16

Part 16

Secure transportation

3 of 3 sections shown

s.090 Secure transportation: duty of Scottish Ministers to prepare and publish standards Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must prepare and publish secure transportation standardsCrown / Minister / Government department

s.090 Secure transportation: duty of providers to meet standards Regulated

Meet applicable standards for secure transportation servicesAny Person

s.090 Secure transportation: reports Regulated

Other duties (1) — Crown / regulator

Local authorities must report on secure transport services every 3 yearsLocal authority

Part 17

Other reforms

1 of 5 sections shown

s.095 Consideration of wellbeing in exercising certain functions Regulated

Other duties (1) — Crown / regulator

Local authority must consider children's wellbeing in certain functionsLocal authority

4 other sections in this Part — procedural and definitional

s.091 Appeal against detention of child in secure accommodation

s.092 Power of Scottish Ministers to modify circumstances in which children's legal aid to be made available

s.093 Provision of free school lunches

s.094 Extension of licensing of child performances to children under 14

Part 18

General

2 of 8 sections shown

s.096 Assessment of wellbeing Regulated

Other duties (1) — Crown / regulator

Use the statutory wellbeing indicators when assessing a child's wellbeingLocal authority

s.100 Guidance and directions Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must publish guidance and directions issued under the ActCrown / Minister / Government department

6 other sections in this Part — procedural and definitional

s.097 Interpretation

s.098 Modification of enactments

s.099 Subordinate legislation

s.101 Ancillary provision

s.102 Commencement

s.103 Short title

Schedules

0 of 91 shown

91 other schedules

s.sch001 . . . . . . . . . ....

s.sch002 NHS 24

s.sch002 The Scottish Police Authority

s.sch002 The Scottish Fire and Rescue Service

s.sch002 The Commissioner for Children and Young People in Scotland

s.sch002 A body which is a “post-16 education body” for the...

s.sch002 An integration joint board to which functions in relation to...

s.sch002 The Principal Reporter.

s.sch002 NHS National Services Scotland

s.sch002 Scottish Ambulance Service Board

s.sch002 State Hospitals Board for Scotland

s.sch002 The National Waiting Times Centre Board

s.sch002 Skills Development Scotland Co. Ltd (registered number SC 202659)

s.sch002 Social Care and Social Work Improvement Scotland

s.sch002 The Scottish Sports Council

s.sch002 The chief constable of the Police Service of Scotland

s.sch003 The Scottish Ministers

s.sch003 The chief constable of the Police Service of Scotland

s.sch003 The Scottish Police Authority

s.sch003 The Scottish Fire and Rescue Service

s.sch003 The Commissioner for Children and Young People in Scotland

s.sch003 A body which is a “post-16 education body” for the...

s.sch003 An integration joint board to which functions in relation to...

s.sch003 The Principal Reporter.

s.sch003 ILF Scotland

s.sch003 NHS 24

s.sch003 NHS National Services Scotland

s.sch003 Scottish Ambulance Service Board

s.sch003 State Hospitals Board for Scotland

s.sch003 The National Waiting Times Centre Board

s.sch003 Skills Development Scotland Co. Ltd (registered number SC 202659)

s.sch003 Social Care and Social Work Improvement Scotland

s.sch003 The Scottish Sports Council

s.sch004 The Scottish Ministers

s.sch004 The Scottish Qualifications Authority

s.sch004 Skills Development Scotland Co. Ltd (registered number SC 202659)

s.sch004 Social Care and Social Work Improvement Scotland

s.sch004 The Scottish Social Services Council

s.sch004 The Scottish Sports Council

s.sch004 The chief constable of the Police Service of Scotland

s.sch004 The Scottish Police Authority

s.sch004 The Scottish Fire and Rescue Service

s.sch004 The Scottish Legal Aid Board

s.sch004 The Commissioner for Children and Young People in Scotland

s.sch004 A local authority

s.sch004 The Mental Welfare Commission for Scotland

s.sch004 The Scottish Housing Regulator

s.sch004 Bòrd na Gàidhlig

s.sch004 Creative Scotland

s.sch004 A body which is a “post-16 education body” for the...

s.sch004 ILF Scotland

s.sch004 An integration joint board to which functions in relation to...

s.sch004 The National Convener of Children's Hearings Scotland

s.sch004 Children's Hearings Scotland

s.sch004 The Principal Reporter

s.sch004 The Scottish Children's Reporter Administration

s.sch004 A health board

s.sch004 A board constituted under section 2(1)(b) of the National Health...

s.sch004 Healthcare Improvement Scotland

s.sch005 In section 5 of the Social Work (Scotland) Act 1968—...

s.sch005 (1) The Education (Additional Support for Learning) (Scotland) Act 2004...

s.sch005 (1) The Adoption and Children (Scotland) Act 2007 is amended...

s.sch005 (1) The Children's Hearings (Scotland) Act 2011 is amended as...

s.sch005 (1) The 1980 Act is amended as follows.

s.sch005 (1) The Legal Aid (Scotland) Act 1986 is amended as...

s.sch005 (1) The 1995 Act is amended as follows.

s.sch005 (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

s.sch005 Paragraph 11 of Schedule 37 to the Education Act 1996...

s.sch005 In section 34 of the Standards in Scotland's Schools Act...

s.sch005 In section 73(2)(a) of the Regulation of Care (Scotland) Act...

s.sch005 In section 329(1) of the Mental Health (Care and Treatment)...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Children and Young People (Scotland) Act 2014

Does it bind you?

Other Acts binding the same actors

What it requires

Rights of children

Commissioner for Children and Young People in Scotland

Children's services planning

Provision of named persons

Child's plan

Early learning and childcare

Power to provide school education for pre-school children

Day care and out of school care

Corporate parenting

Aftercare

Continuing care

Services in relation to children at risk of becoming looked after, etc.

Support for kinship care

Adoption register

School closure proposals, etc.

Children's hearings

Secure transportation

Other reforms

General

Schedules