| Guvnor

Enforced by: Care Inspectorate
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 1 of 26 obligations carry a fine up to £2,500. 25 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person8

Plus 18 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

Parents, Children and Guardians

6 of 17 sections shown

s.001 Parental responsibilities. Regulated

Parents must safeguard, guide, support and legally represent their childAny Person

s.005 Care or control of child by person without parental responsibilities or parental rights. Regulated

Safeguard the health, development and welfare of a child in your careAny Person

s.006 Views of children. Regulated

Consult children on major decisions and consider their viewsAny Person

s.009 Safeguarding of child’s property. Regulated

Safeguard child's property: apply for direction or transfer as requiredAny Person

s.010 Obligations and rights of person administering child’s property. Regulated

You must manage a child's property prudently and account when you stop actingAny Person

s.012 Restrictions on decrees for divorce, separation or annulment affecting children. Regulated

Other duties (1) — Crown / regulator

Court must consider child arrangements before granting divorce or separation decreeTribunal / Court

11 other sections in this Part — procedural and definitional

s.002 Parental rights.

s.003 Provisions relating both to parental responsibilities and to parental rights.

s.004 Acquisition of parental rights and responsibilities by natural father.

s.004 Acquisition of parental responsibilities and parental rights by second female parent by agreement with mother

s.007 Appointment of guardians.

s.008 Revocation and other termination of appointment.

s.011 Court orders relating to parental responsibilities etc.

s.011 Restriction on making of orders under section 11

s.013 Awards of damages to children.

s.014 Jurisdiction and choice of law in relation to certain matters.

s.015 Interpretation of Part I.

Part 2

Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings

18 of 89 sections shown

s.016 Welfare of child and consideration of his views. Regulated

Other duties (1) — Crown / regulator

Court must treat child's welfare as paramount and consider child's viewsTribunal / Court

s.017 Duty of local authority to child looked after by them. Regulated

Other duties (1) — Crown / regulator

Local authorities must safeguard and promote the welfare of looked-after childrenLocal authority

s.017 Detained children to be treated as looked after children Regulated

Other duties (1) — Crown / regulator

Local authority must treat detained children as looked-after childrenLocal authority

s.018 Duty of persons with parental responsibilities to notify change of address to local authority looking after child. Regulated

Notify local authority if your address changes while your child is looked afterAny Person

s.020 Publication of information about services for children. Regulated

Other duties (1) — Crown / regulator

Local authority must publish information about children's servicesLocal authority

s.021 Co-operation between authorities. Regulated

Other duties (1) — Crown / regulator

Authorities must comply with local authority requests for helpLocal authority

s.022 Promotion of welfare of children in need. Regulated

Other duties (1) — Crown / regulator

Local authority must safeguard children in need and support familiesLocal authority

s.023 Children affected by disability. Regulated

Other duties (1) — Crown / regulator

Local authorities must assess disabled children's needs when requestedLocal authority

s.023 Sections 17, 22 and 26A: consideration of wellbeing Regulated

Other duties (1) — Crown / regulator

Local authority must consider children's wellbeing when using relevant powersLocal authority

s.025 Provision of accommodation for children, etc. Regulated

Other duties (1) — Crown / regulator

Local authority must provide accommodation for children in needLocal authority

s.026 Provision of continuing care: looked after children Regulated

Other duties (1) — Crown / regulator

Local authority must provide continuing care to care leaversLocal authority

s.027 Day care for pre-school and other children. Regulated

Other duties (1) — Crown / regulator

Local authorities must provide and plan day care for children in needLocal authority

s.029 After-care. Regulated

Other duties (1) — Crown / regulator

Local authorities must provide after-care support to care leaversLocal authority

s.031 Review of case of child looked after by local authority. Regulated

Other duties (1) — Crown / regulator

Local authorities must review looked-after children's cases at prescribed intervalsLocal authority

s.032 Removal of child from residential establishment. Regulated

Other duties (1) — Crown / regulator

Local authority must remove child from residential establishment when requestedLocal authority

s.036 Welfare of certain children in hospitals and nursing homes etc. Regulated

Notify local authority if child has no parental contact for 3 monthsAny Person

s.044 Prohibition of publication of proceedings at children’s hearing. Prosecution

Publish identifying details of child in children's hearing proceedingsAny Person

Fine up to £2,500

s.078 Powers of arrest etc. in relation to exclusion order. Regulated

Other duties (1) — Crown / regulator

Local authority must notify police of exclusion order power of arrestLocal authority

71 other sections in this Part — procedural and definitional

s.019 Local authority plans for services for children.

s.024 Assessment of ability of carers to provide care for disabled children.

s.024 Duty of local authority to provide information to carer of disabled child

s.026 Manner of provision of accommodation to child looked after by local authority.

s.028 Removal of power to arrange for emigration of children.

s.030 Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc.

s.033 Effect of orders etc. made in different parts of the United Kingdom.

s.033 Regulation of cross-border placements

s.034 Registration and inspection of certain residential grant-aided and independent schools

s.035 Welfare of children in accommodation provided for purposes of school attendance.

s.037 Modification of provisions of Children Act 1989 regarding disqualification from registration as child minder

s.038 Short-term refuges for children at risk of harm.

s.039 Formation of children’s panel and children’s hearings.

s.040 Qualification and employment of reporters.

s.041 Safeguarding child’s interests in proceedings.

s.042 Power of Secretary of State to make rules governing procedure at children’s hearing etc.

s.043 Privacy of proceedings at and right to attend children’s hearing.

s.045 Attendance of child and relevant person at children’s hearing.

s.046 Power to exclude relevant person from children’s hearing.

s.047 Presumption and determination of age.

s.048 Transfer of case to another children’s hearing.

s.049 Children’s Hearings

s.050 Treatment of child’s case on remission by court.

s.051 Appeal against decision of children’s hearing or sheriff.

s.052 Children requiring compulsory measures of supervision.

s.053 Provision of information to the Principal Reporter.

s.054 Reference to the Principal Reporter by court.

s.055 Child assessment orders.

s.056 Initial investigation by the Principal Reporter.

s.057 Child protection orders.

s.058 Directions in relation to contact and exercise of parental responsibilities and parental rights.

s.059 Initial hearing of case of child subject to child protection order.

s.060 Duration, recall or variation of child protection order.

s.061 Emergency protection of children where child protection order not available.

s.062 Regulations in respect of emergency child protection measures.

s.063 Review of case of child arrested by police.

s.064 Business meeting preparatory to children’s hearing.

s.065 Referral to, and proceedings at, children’s hearing.

s.066 Warrant to keep child where children’s hearing unable to dispose of case.

s.067 Warrant for further detention of child.

s.068 Application to sheriff to establish grounds of referral.

s.068 Restrictions on evidence in certain cases involving sexual abuse

s.068 Exceptions to restrictions under section 68A

s.069 Continuation or disposal of referral by children’s hearing.

s.070 Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation.

s.071 Duties of local authority with respect to supervision requirements.

s.071 Enforcement of local authorities' duties under section 71

s.072 Transfer of child subject to supervision requirement in case of necessity.

s.073 Duration and review of supervision requirement.

s.074 Further provision as respects children subject to supervision requirements.

s.075 Powers of Secretary of State with respect to secure accommodation.

s.075 Requirement on Principal Reporter to consider application for parenting order

s.075 Failure to provide education for excluded pupils: reference to Scottish Ministers

s.076 Exclusion orders.

s.077 Effect of, and orders etc. ancillary to, exclusion order.

s.079 Duration, variation and recall of exclusion order.

s.080 Exclusion orders: supplementary provisions.

s.081 Offences in connection with orders etc. for protection of children.

s.082 Recovery of certain fugitive children.

s.083 Harbouring.

s.084 Implementation of authorisations etc.

s.085 Application for review of establishment of grounds of referral.

s.086 Parental responsibilities order: general.

s.086 The provisions of this Chapter are subject to Sections 2...

s.087 Further provision as respects parental responsibilities orders.

s.088 Parental contact.

s.089 Offences in relation to parental responsibilities orders.

s.090 Consent of child to certain procedures.

s.091 Procedural rules in relation to certain applications etc.

s.092 Legal aid in respect of certain proceedings.

s.093 Interpretation of Part II.

Part 3

Adoption

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.094 Approval of adoption society for specific services.

s.095 Welfare of child paramount consideration.

s.096 Duty of adoption agency to consider alternatives to adoption.

s.097 Adoption by person married to natural parent.

s.098 Further amendments of the 1978 Act; and interpretation of Part III.

Part 4

General and Supplemental

5 of 10 sections shown

s.101 Panel for curatorsad litem, reporting officers and safeguarders.

amended 10 times (opens in a new tab)

s.101 Register for child welfare reporters Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must maintain child welfare reporter register and consultCrown / Minister / Government department

amended 10 times

s.101 Register of curators ad litem for the purposes of section 11D Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must establish and maintain register of curators ad litemCrown / Minister / Government department

amended 10 times

s.101 Contact services: regulation

amended 10 times

s.105 Extent, short title, minor and consequential amendments, repeals and commencement.

amended 4 times (opens in a new tab)

5 other sections in this Part — procedural and definitional

s.099 Registration of births by persons who are themselves children.

s.100 Inquiries into matters affecting children.

s.102 Removal of duty to report on operation of Children Act 1975.

s.103 Interpretation, rules, regulations and Parliamentary control.

s.104 Financial provision.

Schedules

0 of 112 shown

112 other schedules

s.sch001 Children’s Panels

s.sch002 The Adoption (Scotland) Act 1978 shall be amended in accordance...

s.sch002 In section 16 (provision for parental agreement to adoption order)—...

s.sch002 In section 18 (making and effect of orders freeing for...

s.sch002 In section 19 (progress reports)— (a) in subsection (1)—

s.sch002 In section 20 (revocation of order under section 18)—

s.sch002 In section 21 (variation of order under section 18 so...

s.sch002 After section 22 insert— Children subject to supervision requirements. (1) An approved adoption society shall refer the case of...

s.sch002 In section 24 (restrictions on making adoption orders), for subsection...

s.sch002 In section 25(1) (making of interim order and preconditions for...

s.sch002 After section 25 insert— Timetable for resolving question as to...

s.sch002 In section 27 (restrictions on removal of a child by...

s.sch002 In section 1(2) (facilities to be provided as part of...

s.sch002 In section 28 (restriction on removal of child from care...

s.sch002 Sections 32 to 37 (protected children) shall cease to have...

s.sch002 In section 45(5) (restrictions as to persons to whom information...

s.sch002 In section 49(1) (adoption of children abroad), for the words...

s.sch002 In section 51 (prohibition on certain payments)—

s.sch002 After section 51 insert— Adoption allowances schemes. (1) Subject to subsection (2), an adoption agency which is—...

s.sch002 In section 58 (curatorsad litem and reporting officers), in subsection...

s.sch002 In section 59(4) (disapplication of provisions regarding rules), for the...

s.sch002 In section 60(3) (affirmative procedure for certain orders), the words...

s.sch002 In section 65 (interpretation)— (a) in subsection (1)—

s.sch002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch002 Section 8 (direction where adoption society inactive or defunct) shall...

s.sch002 In section 9 (regulations relating to an adoption agency’s exercise...

s.sch002 In section 11(3) (offence of receiving child illegally placed for...

s.sch002 In section 12 (adoption orders)— (a) in subsection (1)—

s.sch002 In section 14 (adoption by married couple)—

s.sch002 In section 15 (adoption by one person)—

s.sch003 Where, immediately before the day appointed for the coming into...

s.sch003 (1) Where on the relevant date a child is subject...

s.sch003 In this Schedule— “the 1968 Act” means the Social Work...

s.sch003 Sections 29 and 30 of this Act shall apply in...

s.sch003 Where the parental rights in respect of a child have,...

s.sch003 Where the circumstance by virtue of which a resolution under...

s.sch003 While a resolution continues to have effect by virtue of...

s.sch003 Where an order made under— (a) section 10 (power of...

s.sch003 (1) Where relevant proceedings in relation to a child have...

s.sch003 Where a child has been taken to a place of...

s.sch004 (1) The Lands Clauses Consolidation (Scotland) Act 1845 shall be...

s.sch004 In section 176(1) of the Factories Act 1961 (interpretation)—

s.sch004 In section 145(33) of the Education (Scotland) Act 1962 (interpretation),...

s.sch004 (1) The Registration of Births, Deaths and Marriages (Scotland) Act...

s.sch004 Where, at any time after the coming into force of...

s.sch004 In section 8 of the Law Reform (Miscellaneous Provisions)(Scotland) Act...

s.sch004 (1) The Social Work (Scotland) Act 1968 shall be amended...

s.sch004 In Schedule 5 to the Children and Young Persons Act...

s.sch004 (1) The Chronically Sick and Disabled Persons Act 1970 shall...

s.sch004 (1) The Sheriff Courts (Scotland) Act 1971 shall be amended...

s.sch004 In section 2(2A) of the Employment of Children Act 1973...

s.sch004 (1) The Judicial Factors (Scotland) Act 1849 shall be amended...

s.sch004 (1) The Domicile and Matrimonial Proceedings Act 1973 shall be...

s.sch004 (1) The Land Compensation (Scotland) Act 1973 shall be amended...

s.sch004 (1) The Local Government (Scotland) Act 1973 shall be amended...

s.sch004 (1) The Rehabilitation of Offenders Act 1974 shall be amended...

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 (1) The Children Act 1975 shall be amended in accordance...

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 (1) The Education (Scotland) Act 1980 shall be amended in...

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 In section 24 of the Improvement of Land Act 1864...

s.sch004 In section 22 of the Matrimonial Homes (Family Protection) (Scotland)...

s.sch004 In Schedule 9 to the Civil Jurisdiction and Judgments Act...

s.sch004 In Schedule 2 to the Health and Social Services and...

s.sch004 (1) The Mental Health (Scotland) Act 1984 shall be amended...

s.sch004 In section 6 of the Child Abduction Act 1984 (offence...

s.sch004 (1) The Foster Children (Scotland) Act 1984 shall be amended...

s.sch004 In section 2 of the Family Law (Scotland) Act 1985...

s.sch004 (1) The Child Abduction and Custody Act 1985 shall be...

s.sch004 (1) The Law Reform (Parent and Child) (Scotland) Act 1986...

s.sch004 (1) The Disabled Persons (Services, Consultation and Representation) Act 1986...

s.sch004 In section 3 of the Judicial Factors (Scotland) Act 1880...

s.sch004 In section 41 of the Legal Aid (Scotland) Act 1986...

s.sch004 (1) The Family Law Act 1986 shall be amended in...

s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch004 In section 49(4)(b) of the Criminal Justice (Scotland) Act 1987...

s.sch004 In paragraph (a) of the definition of “civil proceedings” in...

s.sch004 In section 5 of the Court of Session Act 1988...

s.sch004 In section 22(2) of the School Boards (Scotland) Act 1988...

s.sch004 In section 80(1) of the Self-Governing Schools etc. (Scotland) Act...

s.sch004 (1) The Children Act 1989 shall be amended in accordance...

s.sch004 (1) The Local Government and Housing Act 1989 shall be...

s.sch004 In section 13 of the Heritable Securities (Scotland) Act 1894...

s.sch004 (1) The Access to Health Records Act 1990 shall be...

s.sch004 In section 1(2)(a)(ii) (application), of the Horses (Protective Headgear for...

s.sch004 (1) The Child Support Act 1991 shall be amended in...

s.sch004 (1) The Age of Legal Capacity (Scotland) Act 1991 shall...

s.sch004 (1) The Armed Forces Act 1991 shall be amended in...

s.sch004 In paragraph 61 in column 2 of Schedule 1 to...

s.sch004 (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall...

s.sch004 (1) The Local Government etc. (Scotland) Act 1994 shall be...

s.sch004 In Article 70(7) of the Children (Northern Ireland) Order 1995...

s.sch004 In section 2 of the Civil Evidence (Family Mediation) (Scotland)...

s.sch004 In section 2 of the Trusts (Scotland) Act 1921 (interpretation)—...

s.sch004 In section 20 of the Criminal Justice (Scotland) Act 1995...

s.sch004 (1) The Children and Young Persons (Scotland) Act 1937 shall...

s.sch004 In section 182(1) of the Mines and Quarries Act 1954...

s.sch004 In section 11(1) of the Matrimonial Proceedings (Children) Act 1958...

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

Children (Scotland) Act 1995

Does it bind you?

Other Acts binding the same actors

What it requires

Parents, Children and Guardians

Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings

Adoption

General and Supplemental

Schedules