(1) The Scottish Ministers may by regulations make provision in relation to cross-border placements.
(2) Regulations under subsection (1) may in particular include provision—
(a) requiring specified persons to provide or share specified information,
(b) requiring specified persons to provide, or make arrangements for the provision of, any services which are needed to support a child who is the subject of a cross-border placement,
(c) requiring specified persons to meet the costs incurred in relation to, or as a consequence of, a cross-border placement,
(d) requiring a cross-border placement to be kept under review,
(e) in connection with the safeguarding and promotion of the welfare of a child who is the subject of a cross-border placement.
(3) Regulations under subsection (1)—
(a) may modify any enactment in its application by virtue of the regulations to a cross-border placement, including—
(i) the Social Work (Scotland) Act 1968,
(ii) this Act,
(b) may make any incidental, supplementary, consequential, transitional, transitory or saving provision that the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to the regulations,
(c) are subject to the affirmative procedure.
(4) In this section, “cross-border placement” means the placement of a child in a residential establishment in Scotland where—
(a) the child was, immediately before the placement, resident in England, Wales or Northern Ireland, and
(b) the placement is authorised under the law in England and Wales or, as the case may be, in Northern Ireland by virtue of—
(i) an order made by a court in England and Wales or in Northern Ireland,
(ii) any provision made by or under an Act of Parliament, an Act of Senedd Cymru, or Northern Ireland legislation (as defined by section 98(1) of the Northern Ireland Act 1998), whenever passed or made.
35 Welfare of children in accommodation provided for purposes of school attendance.
After section 125 of the Education (Scotland) Act 1980 there shall be inserted—
Children and young persons in accommodation
Welfare of children and young persons in accommodation provided for purposes of school attendance.
125A Where, for the purposes of his being in attendance at a school, a child or young person is provided with residential accommodation, in a place in or outwith that school, by—
(a) an education authority, the board of management of a self-governing school or the managers of a grant-aided or independent school; or
(b) by any other person in pursuance of arrangements made by any such authority, board of management or managers,
the authority, board of management or managers in question shall have the duty to safeguard and promote the welfare of the child or young person while he is so accommodated; and the powers of inspection exercisable by virtue of section 66(1) of this Act shall include the power to inspect the place to determine whether his welfare is adequately safeguarded and promoted there.
.
36 Welfare of certain children in hospitals and nursing homes etc.
(1) Where a child is provided with residential accommodation by a person mentioned in subsection (3) below and it appears to the person that the child either—
(a) has had no parental contact for a continuous period of three months or more; or
(b) is likely to have no parental contact for a period which, taken with any immediately preceding period in which the child has had no such contact, will constitute a continuous period of three months or more,
the person shall (whether or not the child has been, or will be, so accommodated throughout the continuous period) so notify the local authority in whose area the accommodation is provided.
(2) A local authority receiving notification under subsection (1) above shall—
(a) take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is so accommodated; and
(b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
(3) The persons are—
(a) any health board constituted under section 2 of the National Health Service (Scotland) Act 1978;
(b) any national health service trust established under section 12A of that Act;
(c) any person providing—
(i) an independent hospital;
(ii) a private psychiatric hospital;
(iii) an independent clinic; or
(iv) an independent medical agency,
within the meaning given to those expressions by section10F(2) of the National Health Service (Scotland) Act 1978 (c.29); and
(d) any person providing a care home service (as defined by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)).
(4) For the purposes of subsection (1) above, a child has parental contact only when in the presence of a person having parental responsibilities in relation to him.
(5) A person duly authorised by a local authority may in the area of that authority, at all reasonable times, enter for the purposes of subsection (2) above or of determining whether there has been compliance with subsection (1) above any such place as is mentioned in sub-paragraph (i) or (ii) of subsection (3)(c) above and may for those purposes inspect any records or registers relating to that place; and subsections (2A) to (2D) and (4) of section 6 of the Social Work (Scotland) Act 1968 (exercise of powers of entry and inspection) (as in force immediately prior to their repeal by section 8 of the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006) shall apply in respect of a person so authorised as they applied in respect of a person duly authorised under subsection (1) of that section.
38 Short-term refuges for children at risk of harm.
(1) Where a child appears—
(a) to a local authority to be at risk of harm, they may at the child’s request—
(i) provide him with refuge in a residential establishment both controlled or managed by them and designated by them for the purposes of this paragraph; or
(ii) arrange for a person whose household is approved by virtue of section 5(3)(b) of the Social Work (Scotland) Act 1968 (provision for securing that persons are not placed in any household unless the household has prescribed approval) and is designated by them for the purposes of this paragraph, to provide him with refuge in that household,
for a period which does not exceed the relevant period;
(b) to a person who provides a care home service (as defined by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)), or to any person for the time being employed in the management of the accomodation in question, to be at risk of harm, the person to whom the child so appears may at the child’s request provide him with refuge, for a period which does not exceed the relevant period, in the accommodation but shall do so only if and to the extent that the local authority within whose area the accommodation is situated have given their approval to the use of the accommodation (or a part of the accommodation) for the purposes of this paragraph.
(2) The Secretary of State may by regulations make provision as to—
(a) designation, for the purposes of paragraph (a) of subsection (1) above, of establishments and households;
(b) application for, the giving of and the withdrawal of, approval under paragraph (b) of subsection (1) above;
(c) requirements (if any) which must be complied with while any such approval remains in force;
(d) the performance by a person mentioned in the said paragraph (b) of anything to be done by him under that paragraph;
(e) the performance by a local authority of their functions under this section; and
(f) the giving, to such persons or classes of person as may be specified in the regulations, of notice as to the whereabouts of a child provided with refuge under this section,
and regulations made under this subsection may include such incidental and supplementary provisions as he thinks fit.
(3) While a child is being provided with refuge under, and in accordance with regulations made under, this section, none of the enactments mentioned in subsection (4) below shall apply in relation to him unless the commencement of the period of refuge has followed within two days of the termination of a prior period of refuge so provided to him by any person.
(4) The enactments are—
(a) section 89 of this Act and, so far as it applies in relation to anything done in Scotland, section 171 of the Children's Hearings (Scotland) Act 2011; and
(b) section 32(3) of the Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention etc.), so far as it applies in relation to anything done in Scotland.
(5) References in this section to the relevant period shall be construed as references either to a period which does not exceed seven days or, in such exceptional circumstances as the Secretary of State may prescribe, to a period which does not exceed fourteen days.
(6) A child who is provided with refuge for a period by virtue of such arrangements as are mentioned in subsection (1)(a) above shall not be regarded as a foster child for the purposes of the Foster Children (Scotland) Act 1984 by reason only of such provision.
44 Prohibition of publication of proceedings at children’s hearing.
(1) No person shall publish any matter in respect of proceedings before a sheriff on an application under section 76(1) of this Act which is intended to, or is likely to, identify—
(a) the child concerned in, or any other child connected (in any way) with, the proceedings; or
(b) any address or school as being that of any such child.
(2) Any person who contravenes subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale in respect of each such contravention.
(3) It shall be a defence in proceedings for an offence under this section for the accused to prove that he did not know, and had no reason to suspect, that the published matter was intended, or was likely, to identify the child or, as the case may be, the address or school.
(4) In this section “to publish” includes, without prejudice to the generality of that expression,—
(a) to publish matter in a programme service, as defined by section 201 of the Broadcasting Act 1990 (definition of programme service); and
(b) to cause matter to be published.
(5) The requirements of subsection (1) above may, in the interests of justice, be dispensed with by—
(a) the sheriff in any proceedings before him;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to such extent as the sheriff ... considers appropriate.
(6) The requirements of subsection (1) do not apply in relation to the publication by or on behalf of a local authority or an adoption agency (within the meaning of the Adoption and Children (Scotland) Act 2007 (asp 4)) of information about a child for the purposes of making arrangements in relation to the child under this Act or that Act.