UK Act of Parliament
1995
Scotland
Children (Scotland) Act 1995
At a glance
Enforced by
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Parents, Children and Guardians
Browse 17 other sections in this Part — procedural / definitional / commencement
Parental rights.
Provisions relating both to parental responsibilities and to parental rights.
Acquisition of parental rights and responsibilities by natural father.
Acquisition of parental responsibilities and parental rights by second female parent by agreement with mother
Care or control of child by person without parental responsibilities or parental rights.
Views of children.
Appointment of guardians.
Revocation and other termination of appointment.
Safeguarding of child’s property.
Obligations and rights of person administering child’s property.
Court orders relating to parental responsibilities etc.
Restriction on making of orders under section 11
Restrictions on decrees for divorce, separation or annulment affecting children.
Awards of damages to children.
Jurisdiction and choice of law in relation to certain matters.
Interpretation of Part I.
Part II — Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings
Browse 89 other sections in this Part — procedural / definitional / commencement
Welfare of child and consideration of his views.
Duty of local authority to child looked after by them.
Detained children to be treated as looked after children
Duty of persons with parental responsibilities to notify change of address to local authority looking after child.
Local authority plans for services for children.
Publication of information about services for children.
Co-operation between authorities.
Promotion of welfare of children in need.
Children affected by disability.
Sections 17, 22 and 26A: consideration of wellbeing
Assessment of ability of carers to provide care for disabled children.
Duty of local authority to provide information to carer of disabled child
Provision of accommodation for children, etc.
Manner of provision of accommodation to child looked after by local authority.
Provision of continuing care: looked after children
Day care for pre-school and other children.
Removal of power to arrange for emigration of children.
After-care.
Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc.
Review of case of child looked after by local authority.
Removal of child from residential establishment.
Effect of orders etc. made in different parts of the United Kingdom.
Regulation of cross-border placements
Registration and inspection of certain residential grant-aided and independent schools
Welfare of children in accommodation provided for purposes of school attendance.
Welfare of certain children in hospitals and nursing homes etc.
Modification of provisions of Children Act 1989 regarding disqualification from registration as child minder
Short-term refuges for children at risk of harm.
Formation of children’s panel and children’s hearings.
Qualification and employment of reporters.
Safeguarding child’s interests in proceedings.
Power of Secretary of State to make rules governing procedure at children’s hearing etc.
Privacy of proceedings at and right to attend children’s hearing.
Prohibition of publication of proceedings at children’s hearing.
Attendance of child and relevant person at children’s hearing.
Power to exclude relevant person from children’s hearing.
Presumption and determination of age.
Transfer of case to another children’s hearing.
Children’s Hearings
Treatment of child’s case on remission by court.
Appeal against decision of children’s hearing or sheriff.
Children requiring compulsory measures of supervision.
Provision of information to the Principal Reporter.
Reference to the Principal Reporter by court.
Child assessment orders.
Initial investigation by the Principal Reporter.
Child protection orders.
Directions in relation to contact and exercise of parental responsibilities and parental rights.
Initial hearing of case of child subject to child protection order.
Duration, recall or variation of child protection order.
Emergency protection of children where child protection order not available.
Regulations in respect of emergency child protection measures.
Review of case of child arrested by police.
Business meeting preparatory to children’s hearing.
Referral to, and proceedings at, children’s hearing.
Warrant to keep child where children’s hearing unable to dispose of case.
Warrant for further detention of child.
Application to sheriff to establish grounds of referral.
Restrictions on evidence in certain cases involving sexual abuse
Exceptions to restrictions under section 68A
Continuation or disposal of referral by children’s hearing.
Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation.
Duties of local authority with respect to supervision requirements.
Enforcement of local authorities' duties under section 71
Transfer of child subject to supervision requirement in case of necessity.
Duration and review of supervision requirement.
Further provision as respects children subject to supervision requirements.
Powers of Secretary of State with respect to secure accommodation.
Requirement on Principal Reporter to consider application for parenting order
Failure to provide education for excluded pupils: reference to Scottish Ministers
Exclusion orders.
Effect of, and orders etc. ancillary to, exclusion order.
Powers of arrest etc. in relation to exclusion order.
Duration, variation and recall of exclusion order.
Exclusion orders: supplementary provisions.
Offences in connection with orders etc. for protection of children.
Recovery of certain fugitive children.
Harbouring.
Implementation of authorisations etc.
Application for review of establishment of grounds of referral.
Parental responsibilities order: general.
The provisions of this Chapter are subject to Sections 2...
Further provision as respects parental responsibilities orders.
Parental contact.
Offences in relation to parental responsibilities orders.
Consent of child to certain procedures.
Procedural rules in relation to certain applications etc.
Legal aid in respect of certain proceedings.
Interpretation of Part II.
Part III — Adoption
Browse 5 other sections in this Part — procedural / definitional / commencement
Part IV — General and Supplemental
Panel for curatorsad litem, reporting officers and safeguarders.
Amended 10 timesRegister for child welfare reporters
Amended 10 timesRegister of curators ad litem for the purposes of section 11D
Amended 10 timesContact services: regulation
Amended 10 timesExtent, short title, minor and consequential amendments, repeals and commencement.
Amended 4 timesBrowse 5 other sections in this Part — procedural / definitional / commencement
Schedules
Browse 112 other Schedules — structural / supplementary
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
Children’s Panels
The Adoption (Scotland) Act 1978 shall be amended in accordance...
In section 16 (provision for parental agreement to adoption order)—...
In section 18 (making and effect of orders freeing for...
In section 19 (progress reports)— (a) in subsection (1)—
In section 20 (revocation of order under section 18)—
In section 21 (variation of order under section 18 so...
After section 22 insert— Children subject to supervision requirements. (1) An approved adoption society shall refer the case of...
In section 24 (restrictions on making adoption orders), for subsection...
In section 25(1) (making of interim order and preconditions for...
After section 25 insert— Timetable for resolving question as to...
In section 27 (restrictions on removal of a child by...
In section 1(2) (facilities to be provided as part of...
In section 28 (restriction on removal of child from care...
Sections 32 to 37 (protected children) shall cease to have...
In section 45(5) (restrictions as to persons to whom information...
In section 49(1) (adoption of children abroad), for the words...
In section 51 (prohibition on certain payments)—
After section 51 insert— Adoption allowances schemes. (1) Subject to subsection (2), an adoption agency which is—...
In section 58 (curatorsad litem and reporting officers), in subsection...
In section 59(4) (disapplication of provisions regarding rules), for the...
In section 60(3) (affirmative procedure for certain orders), the words...
In section 65 (interpretation)— (a) in subsection (1)—
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Section 8 (direction where adoption society inactive or defunct) shall...
In section 9 (regulations relating to an adoption agency’s exercise...
In section 11(3) (offence of receiving child illegally placed for...
In section 12 (adoption orders)— (a) in subsection (1)—
In section 14 (adoption by married couple)—
In section 15 (adoption by one person)—
Where, immediately before the day appointed for the coming into...
(1) Where on the relevant date a child is subject...
In this Schedule— “the 1968 Act” means the Social Work...
Sections 29 and 30 of this Act shall apply in...
Where the parental rights in respect of a child have,...
Where the parental rights in respect of a child have,...
Where the circumstance by virtue of which a resolution under...
While a resolution continues to have effect by virtue of...
Where an order made under— (a) section 10 (power of...
(1) Where relevant proceedings in relation to a child have...
Where a child has been taken to a place of...
(1) The Lands Clauses Consolidation (Scotland) Act 1845 shall be...
In section 176(1) of the Factories Act 1961 (interpretation)—
In section 145(33) of the Education (Scotland) Act 1962 (interpretation),...
(1) The Registration of Births, Deaths and Marriages (Scotland) Act...
Where, at any time after the coming into force of...
In section 8 of the Law Reform (Miscellaneous Provisions)(Scotland) Act...
(1) The Social Work (Scotland) Act 1968 shall be amended...
In Schedule 5 to the Children and Young Persons Act...
(1) The Chronically Sick and Disabled Persons Act 1970 shall...
(1) The Sheriff Courts (Scotland) Act 1971 shall be amended...
In section 2(2A) of the Employment of Children Act 1973...
(1) The Judicial Factors (Scotland) Act 1849 shall be amended...
(1) The Domicile and Matrimonial Proceedings Act 1973 shall be...
(1) The Land Compensation (Scotland) Act 1973 shall be amended...
(1) The Local Government (Scotland) Act 1973 shall be amended...
(1) The Rehabilitation of Offenders Act 1974 shall be amended...
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(1) The Children Act 1975 shall be amended in accordance...
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(1) The Education (Scotland) Act 1980 shall be amended in...
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In section 24 of the Improvement of Land Act 1864...
In section 22 of the Matrimonial Homes (Family Protection) (Scotland)...
In Schedule 9 to the Civil Jurisdiction and Judgments Act...
In Schedule 2 to the Health and Social Services and...
(1) The Mental Health (Scotland) Act 1984 shall be amended...
In section 6 of the Child Abduction Act 1984 (offence...
(1) The Foster Children (Scotland) Act 1984 shall be amended...
In section 2 of the Family Law (Scotland) Act 1985...
(1) The Child Abduction and Custody Act 1985 shall be...
(1) The Law Reform (Parent and Child) (Scotland) Act 1986...
(1) The Disabled Persons (Services, Consultation and Representation) Act 1986...
In section 3 of the Judicial Factors (Scotland) Act 1880...
In section 41 of the Legal Aid (Scotland) Act 1986...
(1) The Family Law Act 1986 shall be amended in...
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In section 49(4)(b) of the Criminal Justice (Scotland) Act 1987...
In paragraph (a) of the definition of “civil proceedings” in...
In section 5 of the Court of Session Act 1988...
In section 22(2) of the School Boards (Scotland) Act 1988...
In section 80(1) of the Self-Governing Schools etc. (Scotland) Act...
(1) The Children Act 1989 shall be amended in accordance...
(1) The Local Government and Housing Act 1989 shall be...
In section 13 of the Heritable Securities (Scotland) Act 1894...
(1) The Access to Health Records Act 1990 shall be...
In section 1(2)(a)(ii) (application), of the Horses (Protective Headgear for...
(1) The Child Support Act 1991 shall be amended in...
(1) The Age of Legal Capacity (Scotland) Act 1991 shall...
(1) The Armed Forces Act 1991 shall be amended in...
In paragraph 61 in column 2 of Schedule 1 to...
(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall...
(1) The Local Government etc. (Scotland) Act 1994 shall be...
In Article 70(7) of the Children (Northern Ireland) Order 1995...
In section 2 of the Civil Evidence (Family Mediation) (Scotland)...
In section 2 of the Trusts (Scotland) Act 1921 (interpretation)—...
In section 20 of the Criminal Justice (Scotland) Act 1995...
(1) The Children and Young Persons (Scotland) Act 1937 shall...
In section 182(1) of the Mines and Quarries Act 1954...
In section 11(1) of the Matrimonial Proceedings (Children) Act 1958...
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Care Inspectorate (Scotland)
Registers and inspects care services in Scotland including care homes, childcare, and support services. Publishes inspection grades and can take enforcement action.
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