Law

Children (Scotland) Act 1995

United Kingdom · statute

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In force since 2025-09-21, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 126 provisions
  1. Title and introductory text
  2. 1 Parental responsibilities.
  3. 2 Parental rights.
  4. 3 Provisions relating both to parental responsibilities and to parental rights.
  5. 4 Acquisition of parental rights and responsibilities by natural father.
  6. 4A Acquisition of parental responsibilities and parental rights by second female parent by agreement with mother
  7. 5 Care or control of child by person without parental responsibilities or parental rights.
  8. 6 Views of children.
  9. 7 Appointment of guardians.
  10. 8 Revocation and other termination of appointment.
  11. 9 Safeguarding of child’s property.
  12. 10 Obligations and rights of person administering child’s property.
  13. 11 Court orders relating to parental responsibilities etc.
  14. 11A Restriction on making of orders under section 11
  15. 12 Restrictions on decrees for divorce, separation or annulment affecting children.
  16. 13 Awards of damages to children.
  17. 14 Jurisdiction and choice of law in relation to certain matters.
  18. 15 Interpretation of Part I.
  19. 16 Welfare of child and consideration of his views.
  20. 17 Duty of local authority to child looked after by them.
  21. 17A Detained children to be treated as looked after children
  22. 18 Duty of persons with parental responsibilities to notify change of address to local authority looking after child.
  23. 19 Local authority plans for services for children.
  24. 20 Publication of information about services for children.
  25. 21 Co-operation between authorities.
  26. 22 Promotion of welfare of children in need.
  27. 23 Children affected by disability.
  28. 23A Sections 17, 22 and 26A: consideration of wellbeing
  29. 24 Assessment of ability of carers to provide care for disabled children.
  30. 24A Duty of local authority to provide information to carer of disabled child
  31. 25 Provision of accommodation for children, etc.
  32. 26 Manner of provision of accommodation to child looked after by local authority.
  33. 26A Provision of continuing care: looked after children
  34. 27 Day care for pre-school and other children.
  35. 28 Removal of power to arrange for emigration of children.
  36. 29 After-care.
  37. 30 Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc.
  38. 31 Review of case of child looked after by local authority.
  39. 32 Removal of child from residential establishment.
  40. 33 Effect of orders etc. made in different parts of the United Kingdom.
  41. 33A Regulation of cross-border placements
  42. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  43. 35 Welfare of children in accommodation provided for purposes of school attendance.
  44. 36 Welfare of certain children in hospitals and nursing homes etc.
  45. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  46. 38 Short-term refuges for children at risk of harm.
  47. 39 Formation of children’s panel and children’s hearings.
  48. 40 Qualification and employment of reporters.
  49. 41 Safeguarding child’s interests in proceedings.
  50. 42 Power of Secretary of State to make rules governing procedure at children’s hearing etc.
  51. 43 Privacy of proceedings at and right to attend children’s hearing.
  52. 44 Prohibition of publication of proceedings at children’s hearing.
  53. 45 Attendance of child and relevant person at children’s hearing.
  54. 46 Power to exclude relevant person from children’s hearing.
  55. 47 Presumption and determination of age.
  56. 48 Transfer of case to another children’s hearing.
  57. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  58. 50 Treatment of child’s case on remission by court.
  59. 51 Appeal against decision of children’s hearing or sheriff.
  60. 52 Children requiring compulsory measures of supervision.
  61. 53 Provision of information to the Principal Reporter.
  62. 54 Reference to the Principal Reporter by court.
  63. 55 Child assessment orders.
  64. 56 Initial investigation by the Principal Reporter.
  65. 57 Child protection orders.
  66. 58 Directions in relation to contact and exercise of parental responsibilities and parental rights.
  67. 59 Initial hearing of case of child subject to child protection order.
  68. 60 Duration, recall or variation of child protection order.
  69. 61 Emergency protection of children where child protection order not available.
  70. 62 Regulations in respect of emergency child protection measures.
  71. 63 Review of case of child arrested by police.
  72. 64 Business meeting preparatory to children’s hearing.
  73. 65 Referral to, and proceedings at, children’s hearing.
  74. 66 Warrant to keep child where children’s hearing unable to dispose of case.
  75. 67 Warrant for further detention of child.
  76. 68 Application to sheriff to establish grounds of referral.
  77. 68A Restrictions on evidence in certain cases involving sexual abuse
  78. 68B Exceptions to restrictions under section 68A
  79. 69 Continuation or disposal of referral by children’s hearing.
  80. 70 Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation.
  81. 71 Duties of local authority with respect to supervision requirements.
  82. 71A Enforcement of local authorities' duties under section 71
  83. 72 Transfer of child subject to supervision requirement in case of necessity.
  84. 73 Duration and review of supervision requirement.
  85. 74 Further provision as respects children subject to supervision requirements.
  86. 75 Powers of Secretary of State with respect to secure accommodation.
  87. 75A Requirement on Principal Reporter to consider application for parenting order
  88. 75B Failure to provide education for excluded pupils: reference to Scottish Ministers
  89. 76 Exclusion orders.
  90. 77 Effect of, and orders etc. ancillary to, exclusion order.
  91. 78 Powers of arrest etc. in relation to exclusion order.
  92. 79 Duration, variation and recall of exclusion order.
  93. 80 Exclusion orders: supplementary provisions.
  94. 81 Offences in connection with orders etc. for protection of children.
  95. 82 Recovery of certain fugitive children.
  96. 83 Harbouring.
  97. 84 Implementation of authorisations etc.
  98. 85 Application for review of establishment of grounds of referral.
  99. 86 Parental responsibilities order: general.
  100. 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  101. 87 Further provision as respects parental responsibilities orders.
  102. 88 Parental contact.
  103. 89 Offences in relation to parental responsibilities orders.
  104. 90 Consent of child to certain procedures.
  105. 91 Procedural rules in relation to certain applications etc.
  106. 92 Legal aid in respect of certain proceedings.
  107. 93 Interpretation of Part II.
  108. 94 Approval of adoption society for specific services.
  109. 95 Welfare of child paramount consideration.
  110. 96 Duty of adoption agency to consider alternatives to adoption.
  111. 97 Adoption by person married to natural parent.
  112. 98 Further amendments of the 1978 Act; and interpretation of Part III.
  113. 99 Registration of births by persons who are themselves children.
  114. 100 Inquiries into matters affecting children.
  115. 101 Panel for curatorsad litem, reporting officers and safeguarders.
  116. 101A Register for child welfare reporters
  117. 101B Register of curators ad litem for the purposes of section 11D
  118. 101C Contact services: regulation
  119. 102 Removal of duty to report on operation of Children Act 1975.
  120. 103 Interpretation, rules, regulations and Parliamentary control.
  121. 104 Financial provision.
  122. 105 Extent, short title, minor and consequential amendments, repeals and commencement.
  123. SCHEDULE 2
  124. SCHEDULE 3 Transitional Provisions And Savings
  125. SCHEDULE 4 Minor and Consequential Amendments
  126. SCHEDULE 5 Repeals

Proposed changes to this act

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126 provisions

71 Duties of local authority with respect to supervision requirements.

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71A Enforcement of local authorities' duties under section 71

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72 Transfer of child subject to supervision requirement in case of necessity.

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73 Duration and review of supervision requirement.

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74 Further provision as respects children subject to supervision requirements.

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75 Powers of Secretary of State with respect to secure accommodation.

(1) The Secretary of State may by regulations make provision with respect to the placing in secure accommodation of any child— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) who is not subject to a compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance (all within the meaning of the Children's Hearings (Scotland) Act 2011) but who is being looked after by a local authority in pursuance of such enactments as may be specified in the regulations. (2) Regulations under subsection (1) above may— (a) specify the circumstances in which a child may be so placed under the regulations; (b) make provision to enable a child who has been so placed or any relevant person to require that the child’s case be brought before a children’s hearing within a shorter period than would apply under regulations made under subsection (3) below; and (c) specify different circumstances for different cases or classes of case. (2A) In subsection (2), “relevant person” has the meaning given by section 200 of the Children's Hearings (Scotland) Act 2011 and includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act. (3) Subject to subsection (4) below and without prejudice to subsection (2)(b) above, the Secretary of State may prescribe— (a) the maximum period during which a child may be kept under this Act in secure accommodation without the authority of a children’s hearing or of the sheriff; (b) the period within which a children’s hearing shall be arranged to consider the case of a child placed in secure accommodation by virtue of regulations made under this section (and different periods may be so prescribed in respect of different cases or classes of case). (4) A child may not be kept in secure accommodation by virtue of regulations made under this section for a period exceeding 66 days from the day when the child was first taken to the secure accommodation. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The Secretary of State may by regulations make provision for the procedures to be applied in placing children in secure accommodation; and without prejudice to the generality of this subsection, such regulations may— (a) specify the duties of the Principal Reporter in relation to the placing of children in secure accommodation; (b) make provision for the referral of cases to a children’s hearing for review; and (c) make provision for any person with parental responsibilities in relation to the child to be informed of the placing of the child in secure accommodation.

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75A Requirement on Principal Reporter to consider application for parenting order

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75B Failure to provide education for excluded pupils: reference to Scottish Ministers

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76 Exclusion orders.

(1) Subject to subsections (3) to (9) below, where on the application of a local authority the sheriff is satisfied, in relation to a child, that the conditions mentioned in subsection (2) below are met, he may grant an order under this section (to be known as “an exclusion order”) excluding from the child’s family home any person named in the order (in this Part of this Act referred to as the “named person”). (2) The conditions are— (a) that the child has suffered, is suffering, or is likely to suffer, significant harm as a result of any conduct, or any threatened or reasonably apprehended conduct, of the named person; (b) that the making of an exclusion order against the named person— (i) is necessary for the protection of the child, irrespective of whether the child is for the time being residing in the family home; and (ii) would better safeguard the child’s welfare than the removal of the child from the family home; and (c) that, if an order is made, there will be a person specified in the application who is capable of taking responsibility for the provision of appropriate care for the child and any other member of the family who requires such care and who is, or will be, residing in the family home (in this section, sections 77 to 79and section 91(3)(f) of this Act referred to as an “appropriate person”). (3) No application under subsection (1) above for an exclusion order shall be finally determined under this section unless— (a) the named person has been afforded an opportunity of being heard by, or represented before, the sheriff; and (b) the sheriff has considered any views expressed by any person on whom notice of the application has been served in accordance with rules making such provision as is mentioned in section 91(3)(d) of this Act. (4) Where, on an application under subsection (1) above, the sheriff— (a) is satisfied as mentioned in that subsection; but (b) the conditions mentioned in paragraphs (a) and (b) of subsection (3) above for the final determination of the application are not fulfilled, he may grant an interim order, which shall have effect as an exclusion order pending a hearing by the sheriff under subsection (5) below held within such period as may be specified in rules made by virtue of section 91(3)(e) of this Act. (5) The sheriff shall conduct a hearing under this subsection within such period as may be specified in rules made by virtue of section 91(3)(e) of this Act, and, if satisfied at that hearing as mentioned in subsection (1) above, he may, before finally determining the application, confirm or vary the interim order, or any term or condition on which it was granted, or may recall such order. (6) Where the conditions mentioned in paragraphs (a) and (b) of subsection (3) above have been fulfilled, the sheriff may, at any point prior to the final determination of the application, grant an interim order. (7) An order under subsection (5) or (6) above shall have effect as an exclusion order pending the final determination of the application. (8) Where— (a) an application is made under subsection (1) above; and (b) the sheriff considers that the conditions for making a child protection order under Part 5 of the Children's Hearings (Scotland) Act 2011 are satisfied, he may make a child protection order as if the application had been duly made by the local authority under that Part rather than under this section. (9) The sheriff shall not make an exclusion order if it appears to him that to do so would be unjustifiable or unreasonable, having regard to— (a) all the circumstances of the case, including without prejudice to the generality of this subsection the matters specified in subsection (10) below; and (b) any requirement such as is specified in subsection (11) below and the likely consequences in the light of that requirement of the exclusion of the named person from the family home. (10) The matters referred to in subsection (9)(a) above are— (a) the conduct of the members of the child’s family (whether in relation to each other or otherwise); (b) the respective needs and financial resources of the members of that family; (c) the extent (if any) to which— (i) the family home; and (ii) any relevant item in that home, is used in connection with a trade, business or profession by any member of the family. (11) The requirement referred to in subsection (9)(b) above is a requirement that the named person (whether alone or with any other person) must reside in the family home, where that home— (a) is on or comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or in a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act); or (b) is let, or is a home in respect of which possession is given, to the named person (whether alone or with any other person) by an employer as an incident of employment. (12) In this Part of this Act— “caravan” has the meaning given to it by section 29(1) of the Caravan Sites and Control of Development Act 1960; “exclusion order”, includes an interim order granted under subsection (4) above and such an order confirmed or varied under subsection (5) above and an interim order granted under subsection (6) above; except that in subsection (3) above and in section 79 of this Act, it does not include an interim order granted under subsection (4) above; “family” has the meaning given in section 93(1) of this Act; “family home” means any house, caravan, houseboat or other structure which is used as a family residence and in which the child ordinarily resides with any person described in subsection (13) below and the expression includes any garden or other ground or building attached to and usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure. (13) The description of person referred to in the definition of “family home” in subsection (12) above, is a person who has parental responsibilities in relation to the child, or who ordinarily (and other than by reason only of his employment) has charge of, or control over him.

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77 Effect of, and orders etc. ancillary to, exclusion order.

(1) An exclusion order shall, in respect of the home to which it relates, have the effect of suspending the named person’s rights of occupancy (if any) and shall prevent him from entering the home, except with the express permission of the local authority which applied for the order. (2) The sheriff, on the application of the local authority, may, if and in so far as he thinks fit, when making an exclusion order do any of the things mentioned in subsection (3) below. (3) The things referred to in subsection (2) above are— (a) grant a warrant for the summary ejection of the named person from the home; (b) grant an interdict prohibiting the named person from entering the home without the express permission of the local authority; (c) grant an interdict prohibiting the removal by the named person of any relevant item specified in the interdict from the home, except either— (i) with the written consent of the local authority, or of an appropriate person; or (ii) by virtue of a subsequent order of the sheriff; (d) grant an interdict prohibiting the named person from entering or remaining in a specified area in the vicinity of the home; (e) grant an interdict prohibiting the taking by the named person of any step of a kind specified in the interdict in relation to the child; (f) make an order regulating the contact between the child and the named person, and the sheriff may make any other order which he considers is necessary for the proper enforcement of a remedy granted by virtue of paragraph (a), (b) or (c) of this subsection. (4) No warrant, interdict or order (except an interdict granted by virtue of paragraph (b) of subsection (3) above) shall be granted or made under subsection (2) above if the named person satisfies the sheriff that it is unnecessary to do so. (5) Where the sheriff grants a warrant of summary ejection under subsection (2) above in the absence of the named person, he may give directions as to the preservation of any of that person’s goods and effects which remain in the family home. (6) The sheriff may make an order of the kind specified in subsection (3)(f) above irrespective of whether there has been an application for such an order. (7) On the application of either the named person or the local authority, the sheriff may make the exclusion order, or any remedy granted under subsection (2) above, subject to such terms and conditions as he considers appropriate. (8) In this Part of this Act references to a “relevant item” are references to any item within the home which both— (a) is owned or hired by any member of the family concerned or an appropriate person or is being acquired by any such member or person under a hire purchase agreement or conditional sale agreement; and (b) is reasonably necessary to enable the home to be used as a family residence, but does not include any such vehicle, caravan or houseboat or such other structure so used as is mentioned in the definition of “family home” in section 76(12) of this Act.

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78 Powers of arrest etc. in relation to exclusion order.

(1) The sheriff may, whether or not on an application such as is mentioned in subsection (2) below, attach a power of arrest to any interdict granted under section 77(2) of this Act by virtue of subsection (3) of that section. (2) A local authority may at any time while an exclusion order has effect apply for such attachment of a power of arrest as is mentioned in subsection (1) above. (3) A power of arrest attached to an interdict by virtue of subsection (1) above shall not have effect until such interdict, together with the attached power of arrest, is served on the named person. (4) If, by virtue of subsection (1) above, a power of arrest is attached to an interdict, the local authority shall, as soon as possible after the interdict, together with the attached power of arrest, is served on the named person, ensure that there is delivered to the chief constable of the Police Service of Scotland — (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a copy of the application for the interdict and of the interlocutor granting the interdict together with a certificate of service of the interdict and, where the application to attach the power of arrest was made after the interdict was granted, a copy of that application and of the interlocutor above granting it and a certificate of service of the interdict together with the attached power of arrest. (5) Where any interdict to which a power of arrest is attached by virtue of subsection (1) above is varied or recalled, the person who applied for the variation or recall shall ensure that there is delivered to the chief constable of the Police Service of Scotland a copy of the application for such variation or recall and of the interlocutor granting the variation or recall. (6) A constable may arrest without warrant the named person if he has reasonable cause for suspecting that person to be in breach of an interdict to which a power of arrest has been attached by virtue of subsection (1) above. (7) Where a person has been arrested under subsection (6) above, the constable in charge of a police station may— (a) if satisfied there is no likelihood of that person further breaching the interdict to which the power of arrest was attached under subsection (1) above, liberate him unconditionally; or (b) refuse to liberate that person. (8) Such a refusal to liberate an arrested person as is mentioned in subsection (7)(b) above, and the detention of that person until his appearance in court by virtue of either subsection (11) below, or any provision of the Criminal Procedure (Scotland) Act 1995, shall not subject that constable to any claim whatsoever. (9) Where a person has been liberated under subsection (7)(a) above, the facts and circumstances which gave rise to the arrest shall be reported to the procurator fiscal forthwith. (10) Subsections (11) to (13) below apply only where— (a) the arrested person has not been released under subsection (7)(a) above; ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) A person arrested under subsection (6) above shall wherever practicable be brought before the sheriff sitting as a court of summary criminal jurisdiction for the district in which he was arrested not later than in the course of the first day after the arrest, such day not being a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the said Act of 1995, on which the sheriff is not sitting for the disposal of criminal business. (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12A) Subsection (13) applies where— (a) a person is brought before the sheriff under subsection (11) above; and (b) the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest. (13) Where this subsection applies — (a) the procurator fiscal shall present to the court a petition containing— (i) a statement of the particulars of the person arrested under subsection (6) above; (ii) a statement of the facts and circumstances which gave rise to that arrest; and (iii) a request that the person be detained for a further period not exceeding two days; (b) the sheriff, if it appears to him that— (i) the statement referred to in paragraph (a)(ii) above discloses aprima facie breach of interdict by the arrested person; (ii) proceedings for breach of interdict will be taken; and (iii) there is a substantial risk of violence by the arrested person against any member of the family, or an appropriate person, resident in the family home, may order the arrested person to be detained for a period not exceeding two days; and (c) the sheriff shall, in any case in which paragraph (b) above does not apply, order the release of the arrested person from custody (unless that person is in custody in respect of some other matter); and in computing the period of two days referred to in paragraphs (a) and (b) above, no account shall be taken of a Saturday, a Sunday or any holiday in the court in which proceedings for breach of interdict will require to be raised. (13A) Subsection (14) applies where— (a) a person has been liberated under subsection (7)(a) above; or (b) the following conditions are met— (i) a person is to be brought before the sheriff under subsection (11) above; and (ii) the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest. (14) Where this subsection applies, the procurator fiscal shall at the earliest opportunity, and, where the conditions in subsection (13A)(b) above are met, before the person is brought before the sheriff, take all reasonable steps to intimate to— (i) the local authority which made the application for the interdict; (ii) an appropriate person who will reside in, or who remains in residence in, the family home mentioned in the order; and (iii) any solicitor who acted for the appropriate person when the interdict was granted or to any other solicitor who the procurator fiscal has reason to believe acts for the time being for that person, that he has decided that no criminal proceedings should be taken in respect of the facts and circumstances which gave rise to the arrest of the named person.

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79 Duration, variation and recall of exclusion order.

(1) Subject to subsection (2) below, an exclusion order shall cease to have effect on a date six months after being made. (2) An exclusion order shall cease to have effect on a date prior to the date mentioned in subsection (1) above where— (a) the order contains a direction by the sheriff that it shall cease to have effect on that prior date; (b) the sheriff, on an application under subsection (3) below, recalls the order before the date so mentioned; or (c) any permission given by a third party to the spouse or partner of the named person, or to an appropriate person, to occupy the home to which the order relates is withdrawn. (3) The sheriff may, on the application of the local authority, the named person, an appropriate person or the spouse or partner of the named person, if that spouse or partner is not excluded from the family home and is not an appropriate person, vary or recall an exclusion order and any warrant, interdict, order or direction granted or made under section 77 of this Act. (4) For the purposes of this section, partners are persons who live together in a family home as if they were husband and wife.

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80 Exclusion orders: supplementary provisions.

(1) The Secretary of State may make regulations with respect to the powers, duties and functions of local authorities in relation to exclusion orders. (2) An application for an exclusion order, or under section 79(3) of this Act for the variation or recall of such an order or of any thing done under section 77(2) of this Act, shall be made to the sheriff for the sheriffdom within which the family home is situated.

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81 Offences in connection with orders etc. for protection of children.

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82 Recovery of certain fugitive children.

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83 Harbouring.

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84 Implementation of authorisations etc.

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85 Application for review of establishment of grounds of referral.

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86 Parental responsibilities order: general.

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86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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87 Further provision as respects parental responsibilities orders.

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88 Parental contact.

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89 Offences in relation to parental responsibilities orders.

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90 Consent of child to certain procedures.

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91 Procedural rules in relation to certain applications etc.

(1) All proceedings to which this section applies are civil proceedings for the purposes of section 32 of the Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in the sheriff court). (2) Any reference in this Part of this Act to regulation or prescription by rules in relation to any proceedings to which this section applies shall be construed, unless the context otherwise requires, as a reference to regulation or prescription by rules made under the said section 32. (3) Without prejudice to the generality of the said section 32, rules may make provision as to— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the persons to whom notice of an application for an exclusion order or, under section 79(3) of this Act, for the recall or variation of such an order or of anything done under section 77(2) of this Act shall be given; (e) the period within which a hearing shall be held under subsection (5) of section 76 of this Act after the granting of an order under subsection (4) of that section; (f) the service of any exclusion order on the named person and the appropriate person within such period as may be specified in the rules. (4) In relation to any proceedings to which this section applies, rules may permit a party to such proceedings, in such circumstances as may be specified in the rules, to be represented by a person who is neither an advocate nor a solicitor. (5) This section applies to any application made to the sheriff, and any other proceeding before the sheriff (whether on appeal or otherwise), under any provision of this Part of this Act.

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92 Legal aid in respect of certain proceedings.

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93 Interpretation of Part II.

(1) In this Part of this Act, unless the context otherwise requires,— “accommodation” shall be construed in accordance with section 25(8) of this Act; ... ... ... “children’s hearing” shall be construed in accordance with section 5 of the Children's Hearings (Scotland) Act 2011; ... “constable” means a constable of the Police Service of Scotland; “contact order” has the meaning given by section 11(2)(d) of this Act; “disabled” has the meaning given by section 23(2) of this Act; ... “exclusion order” has the meaning given by section 76(12) of this Act; “family”, in relation to a child, includes— any person who has parental responsibility for the child; and any other person with whom the child has been living; “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; ... “parental responsibilities” has the meaning given by section 1(3) of this Act; . . . “parental rights” has the meaning given by section 2(4) of this Act; ... ... ... “residence order” has the meaning given by section 11(2)(c) of this Act; “residential establishment”— in relation to a place in Scotland, means an establishment (whether managed by a local authority, by a voluntary organisation or by any other person) which provides residential accommodation for children for the purposes of this Act or the Social Work (Scotland) Act 1968; or the Children’s Hearings (Scotland) Act 2011; in relation to a place in England and Wales, means a community home, voluntary home or private children’s home (within the meaning of the Children Act 1989); and in relation to a place in Northern Ireland, means a private children’s home within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755), an authority home provided under Part VII of that Order, or a voluntary home provided under Part VIII of that Order, “school age” shall be construed in accordance with section 31 of the Education (Scotland) Act 1980; “secure accommodation” means accommodation provided for the purpose of restricting the liberty of children which— in Scotland, is provided in a residential establishment approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010 (asp 8), in England, is provided in a children’s home (within the meaning of the Care Standards Act 2000 (c.14) (“the 2000 Act”)) in respect of which a person is registered under Part 2 of that Act, except that before the coming into force of section 107(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43), “secure accommodation” means accommodation in relation to England which— is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act, and is approved by the Secretary of State for the purpose of restricting the liberty of children, in Wales, is provided in a children’s home (within the meaning of the 2000 Act) in respect of which a person is registered under Part 2 of that Act, ... “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit; and ... (2) For the purposes of— (a) Chapter 1 and this Chapter (except this section) of this Part and section 44, “child” means a person under the age of eighteen years; and (b) Chapter 2 (except section 44) and Chapter 3 ... of this Part— “child” means— a child who has not attained the age of sixteen years; a child over the age of sixteen years who has not attained the age of eighteen years and in respect of whom a supervision requirement is in force; or a child whose case has been referred to a children’s hearing by virtue of section 33 of this Act; and for the purposes of the application of those Chapters to a person who has failed to attend school regularly without reasonable excuse includes a person who is over sixteen years of age but is not over school age; and “child” means— in relation to section 75, a person under the age of 18 years, in relation to any other section, a person under the age of 16 years; ... (3) Where, in the course of any proceedings under Chapter 2 or 3 of this Part, a child ceases to be a child within the meaning of subsection (2) above the provisions of those Chapters of this Part and of any statutory instrument made under those provisions, shall continue to apply to him as if he had not so ceased to be a child. (4) Any reference in this Part of this Act to a child— (a) being “in need”, is to his being in need of care and attention because— (i) he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless there are provided for him, under or by virtue of this Part, services by a local authority; (ii) his health or development is likely significantly to be impaired, or further impaired, unless such services are so provided; (iii) he is disabled; or (iv) he is affected adversely by the disability of any other person in his family; (b) who is “looked after” by a local authority, shall be construed in accordance with section 17(6) of this Act. (5) Any reference to any proceedings under this Part of this Act, whether on an application or on appeal, being heard by the sheriff, shall be construed as a reference to such proceedings being heard by the sheriff in chambers.

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94 Approval of adoption society for specific services.

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95 Welfare of child paramount consideration.

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96 Duty of adoption agency to consider alternatives to adoption.

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97 Adoption by person married to natural parent.

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

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99 Registration of births by persons who are themselves children.

(1) In paragraph (a) of section 14(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (duty of father and mother to give information of particulars of birth), for the words “father or mother of the child” substitute “ child’s father or mother (whether or not they have attained the age of sixteen years) ”. (2) Where, at any time after the coming into force of the Age of Legal Capacity (Scotland) Act 1991 but before the coming into force of subsection (1) above, a person mentioned in the said paragraph (a) who had not at that time attained the age of sixteen years purported to fulfill the duty mentioned in the said section 14(1), he shall be presumed to have had legal capacity to fulfill that duty. (3) In section 18 of the said Act of 1965 (registration of birth of child born out of wedlock), after subsection (2) add— (3) A person under the age of sixteen years has legal capacity— (a) to make a request, declaration or statutory declaration under subsection (1) or (2)(b) above if, in the opinion of the registrar; or (b) to make an application under subsection (2)(c) above if, in the opinion of the sheriff, that person understands the nature of the request or, as the case may be, of the declaration, statutory declaration or application; and without prejudice to the generality of this subsection a person twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding. . (4) Where, at any time after the coming into force of the Age of Legal Capacity (Scotland) Act 1991 but before the coming into force of subsection (3) above, a person who had not at that time attained the age of sixteen years made a request, declaration, statutory declaration or application mentioned in subsection (1) or (2) of the said section 18 in relation to a child in respect of whose birth an entry was consequently made under the said subsection (1) in a register of births, or as the case may be under the said subsection (2) in the Register of Corrections etc., the person shall be presumed to have had legal capacity to make the request, declaration, statutory declaration, or application in question.

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100 Inquiries into matters affecting children.

After section 6A of the Social Work (Scotland) Act 1968 there shall be inserted— Local authority inquiries into matters affecting children. 6B (1) Without prejudice to section 6A(1) of this Act, a local authority may cause an inquiry to be held into their functions under this Act, or any of the enactments mentioned in section 5(1B) of this Act, in so far as those functions relate to children. (2) The local authority may, before an inquiry under this section is commenced, direct that it be held in private; but where no such direction is given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private. (3) Subsections (2) to (6) of section 210 of the Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section, so however that, for the purposes of the application, any reference in those subsections to a Minister shall be construed as a reference to the local authority and any reference to an officer of his Department as a reference to an officer of that authority. (4) The expenses incurred by a local authority in relation to an inquiry under this section (including such reasonable sum as the authority may determine for the services of any of their officers engaged in the inquiry) shall, unless the authority are of the opinion that those expenses should be defrayed in whole or in part by them, be paid by such party to the inquiry as they may direct; and the authority may certify the amount of the expenses so incurred. (5) Any sum certified under subsection (4) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly. (6) The local authority may make an award as to the expenses of the parties at the inquiry and as to the parties by whom such expenses shall be paid. .

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101 Panel for curatorsad litem, reporting officers and safeguarders.

(1) The Scottish Ministers may by regulations make provision for the establishment of one or more of each of the following— (a) a panel of persons from which curators ad litem may be appointed by virtue of section 108 of the Adoption and Children (Scotland) Act 2007 (asp 4) ...; (b) a panel of persons from which reporting officers may be appointed under either of those sections; ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Regulations under subsection (1) above may provide, without prejudice to generality of that subsection— (a) for the appointment, qualifications and training of persons who may be appointed to those panels; and (b) for the management and organisation of persons available for appointment from those panels. (3) Regulations under subsection (1) above may provide— (a) for the defrayment by local authorities of expenses incurred by members of any panel established by virtue of that subsection; and (b) for the payment by local authorities of fees and allowances for such members. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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101A Register for child welfare reporters

(1) A court may only appoint as a child welfare reporter a person who is included on the register maintained in accordance with subsection (2). (2) The Scottish Ministers must establish and maintain a register of persons who may be appointed to act as a child welfare reporter. (3) The Scottish Ministers may by regulations make provision for or in connection with— (a) the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications), (b) the processes for including a person on, and removing a person from, the register (including appeal rights), (c) the process for how, and by whom, a registered person is to be selected as the appointed child welfare reporter in a case, (d) the remuneration by the Scottish Ministers of child welfare reporters, including expenses and outlays, (e) the operation and management of the register. (4) Before making, revising or revoking regulations under subsection (3), the Scottish Ministers must consult persons with lived experience of— (a) domestic abuse, (b) court-ordered contact. (5) Regulations under subsection (3) are subject to the negative procedure.

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101B Register of curators ad litem for the purposes of section 11D

(1) The Scottish Ministers must establish and maintain a register of persons who may be appointed to act as a curator ad litem in accordance with section 11D. (2) The Scottish Ministers may by regulations make provision for or in connection with— (a) the requirements that a person must satisfy in order to be included, and remain, on the register (including requirements as to training and qualifications), (b) the processes for including a person on, and removing a person from, the register (including appeal rights), (c) the process for how, and by whom, a registered person is to be selected as the appointed curator ad litem in a case, (d) the remuneration by the Scottish Ministers of curators ad litem appointed in accordance with section 11D, including expenses and outlays (such as counsel's fees), (e) the operation and management of the register. (3) Regulations under subsection (2) are subject to the negative procedure.

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101C Contact services: regulation

(1) The Scottish Ministers may by regulations make provision about the regulation of a contact service provided in relation to the requirements of a contact order. (2) Regulations under subsection (1) may in particular— (a) make provision for the minimum standards to be met by contact service providers, including qualifications and training of staff, (b) make provision for the registration of contact service providers that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights), (c) make provision for minimum standards to be met by contact centres (including standards in respect of accommodation), (d) make provision for the registration of contact centres that meet those minimum standards and, for those that do not, the refusal of registration or removal from the register (including appeal rights), (e) make provision about the conditions on which a regulated contact service provider may, in accordance with the regulations, provide a contact service at a place that is not registered as a contact centre (including conditions about the minimum standards for accommodation at a place if it is to be used for that purpose), (f) appoint a person or persons for the purposes of administering the registration of contact service providers and contact centres, (g) confer functions on the appointed person or persons, (h) determine the fees payable in connection with the registration of a contact service provider or contact centre. (3) Functions conferred by virtue of subsection (2)(g) may include— (a) inspecting contact centres, regulated contact service providers and contact service providers applying for registration, (b) having risk assessments of contact centres undertaken by persons trained in undertaking such assessments, (c) issuing reports on the inspection of contact centres, regulated contact service providers and contact service providers applying for registration, (d) issuing reports on any failure, or possible failure, by a contact service provider to comply with the provider's duties under the Equality Act 2010, and in particular any duty to make reasonable adjustments to premises in order to facilitate their use by disabled people, (e) refusing to register contact service providers and contact centres, and removing from a register regulated contact service providers and contact centres, that do not meet the minimum standards. (4) Regulations under subsection (1)— (a) may make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for giving full effect to the regulations, (b) are subject to the affirmative procedure. (5) In this section— “contact centre” means a place that is used for the provision of a contact service, “contact service” means the facilitation of contact between a child and a person with whom the child is not, or will not be, living (including the handover of the child to that person), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, “regulated contact service” means a contact service that— is provided by a regulated contact service provider, and is either— provided at a place that is registered as a contact centre in accordance with regulations under subsection (1), or provided in circumstances in which the provider may, in accordance with regulations under subsection (1), provide the service at a place that is not registered as a contact centre, “regulated contact service provider” means an organisation that is registered in accordance with regulations under subsection (1) to provide contact services.

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

Section 105 of the Children Act 1975 (which among other things provides that every five years there shall be laid before Parliament by the Secretary of State a report on the operation of such sections of that Act as are for the time being in force) shall cease to have effect.

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103 Interpretation, rules, regulations and Parliamentary control.

(1) Any reference in this Act, or in any enactment amended by this Act, to a person having, or to there being vested in him, parental responsibilities or parental rights shall, unless the context otherwise requires, be construed as a reference to his having, or to there being so vested, any of those rights or as the case may be responsibilities. (2) Any reference in this Act to something being “prescribed” is, unless the context otherwise requires, a reference to its being prescribed by regulations; and any power conferred by this Act on the Secretary of State or the Lord Advocate to make rules or regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Rules or regulations made under this Act— (a) may make different provision for different cases or classes of case; and (b) may exclude certain cases or classes of case.

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