Children and Young People (Scotland) Act 2014

PART 1 — Rights of children

Mandatory amount of early learning and childcare

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Duties of public authorities in relation to the UNCRC

2

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Authorities to which section 2 applies

3

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Interpretation of Part 1

4

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PART 2 — Commissioner for Children and Young People in Scotland

Investigations by the Commissioner

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• (1) The Commissioner for Children and Young People (Scotland) Act 2003 is amended as follows.

• (2) In section 7—

• (a) for subsections (1) and (2), substitute—

(1) The Commissioner may carry out an investigation into— (a) whether, by what means and to what extent a service provider has regard to the rights, interests and views of children and young people in making decisions or taking actions that affect those children and young people (such an investigation being called a “general investigation”); (b) whether, by what means and to what extent a service provider had regard to the rights, interests and views of a child or young person in making a decision or taking an action that affected that child or young person (such an investigation being called an “individual investigation”). (2) The Commissioner may carry out a general investigation only if the Commissioner, having considered the available evidence on, and any information received about, the matter, is satisfied on reasonable grounds that the matter to be investigated raises an issue of particular significance to— (a) children and young people generally; or (b) particular groups of children and young people. (2A) The Commissioner may carry out an investigation only if the Commissioner, having considered the available evidence on, and any information received about, the matter, is satisfied on reasonable grounds that the investigation would not duplicate work that is properly the function of another person.

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• (b) in subsection (3), omit paragraph (b),

• (c) after that subsection, add—

(4) Subsection (5) applies in relation to a matter about which the Commissioner may carry out an individual investigation. (5) Where the Commissioner considers that the matter may be capable of being resolved without an investigation, the Commissioner may with a view to securing that outcome take such steps as the Commissioner considers appropriate.

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• (3) In section 8—

• (a) in subsection (1), for paragraph (b) substitute—

(b) take such steps as appear to the Commissioner to be appropriate with a view to bringing notice of the investigation and terms of reference to the attention of persons likely to be affected by it.

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• (b) in subsection (2), for “An” substitute “ A general ”,

• (c) after that subsection, add—

(3) An individual investigation is to be conducted in private.

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• (4) In section 11—

• (a) in subsection (1), for “lay before the Parliament” substitute “ prepare ”,

• (b) in subsection (3), for “laid before the Parliament” substitute “ finalised ”,

• (c) after that subsection, add—

(4) The Commissioner must lay before the Parliament the report of a general investigation. (5) The Commissioner may lay before the Parliament the report of an individual investigation.

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Requirement to respond to Commissioner’s recommendations

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• (1) The Commissioner for Children and Young People (Scotland) Act 2003 is amended as follows.

• (2) In section 11—

• (a) after subsection (2), insert—

(2A) In relation to any such recommendation, the report may include a requirement to respond. (2B) A requirement to respond is a requirement that the service provider provides, within such period as the Commissioner reasonably requires, a statement in writing to the Commissioner setting out— (a) what the service provider has done or proposes to do in response to the recommendation; or (b) if the service provider does not intend to do anything in response to the recommendation, the reasons for that.

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• (b) after subsection (5) (as inserted by section 5 of this Act), add—

(6) Where a report of an investigation includes a requirement to respond, the Commissioner must give a copy of the report to the service provider.

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• (3) After section 14, insert—

(14AA) (1) The Commissioner must publish any statement provided in response to a requirement to respond to a recommendation arising out of a general investigation. (2) Subsection (1) does not apply if, or to the extent that, the Commissioner considers publication to be inappropriate. (3) The Commissioner may publish any statement provided in response to a requirement to respond to a recommendation arising out of an individual investigation. (4) The Commissioner must ensure that, so far as reasonable and practicable having regard to the subject matter, the version of the statement which is published under subsection (1) or (3) does not name or identify any child or young person, or group of children or young people, referred to in it. (5) The Commissioner may, in such manner as the Commissioner considers appropriate, publicise a failure to comply with a requirement to respond.

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PART 3 — Children's services planning

Introductory

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• (1) For the purposes of this Part—

• “children's service” means any service provided in the area of a local authority by a person mentioned in subsection (2) which is provided wholly or mainly to, or for the benefit of—children generally, orchildren with needs of a particular type (such as looked after children or children with a disability or a need for additional support in learning),

• “other service provider” means—the chief constable of the Police Service of Scotland,the Scottish Fire and Rescue Service,the Principal Reporter,the National Convener of Children's Hearings Scotland,the Scottish Court Service,an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014.

• “related service” means any service provided in the area of a local authority by a person mentioned in subsection (2) which though not a children's service is capable of having a significant effect on the wellbeing of children,

• “relevant health board” means––if the area of the local authority is the same as that of a health board, that health board,if the area of the local authority is not the same as that of a health board, the health board within whose area the area of the local authority falls.

• (2) The persons referred to in the definitions of “children's service” and “related service” in subsection (1) are—

• (a) the local authority,

• (b) the relevant health board,

• (c) any other service provider,

• (d) the Scottish Ministers (but only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989).

• (3) The Scottish Ministers may by order specify—

• (a) services which are to be considered to be included within or excluded from the definition of “children's service” or “related service” in subsection (1),

• (b) matters in relation to services falling within either of those definitions which are to be considered to be included within or excluded from those services.

• (4) Before making such an order, the Scottish Ministers must consult—

• (a) each health board,

• (b) each local authority, and

• (c) where the service concerned is provided by one of the other service providers, that person.

• (5) The Scottish Ministers may by order modify the definition of “other service provider” in subsection (1) by—

• (a) adding a person or a description of persons,

• (b) removing an entry listed in it, or

• (c) varying an entry listed in it.

• (6) A function conferred by this Part on a local authority and the relevant health board is to be exercised by those persons jointly.

Requirement to prepare children’s services plan

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• (1) A local authority and the relevant health board must in respect of each 3 year period prepare a children's services plan for the area of the local authority.

• (2) In subsection (1)—

• “3 year period” means—the period of 3 years beginning with such date after the coming into force of this section as the Scottish Ministers specify by order, andeach subsequent period of 3 years,

• “children's services plan” means a document setting out their plans for the provision over that period of all—children's services, andrelated services.

Aims of children’s services plan

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• (1) A children's services plan is to be prepared with a view to securing the achievement of the aims in subsection (2).

• (2) Those aims are—

• (a) that children's services in the area concerned are provided in the way which—

• (i) best safeguards, supports and promotes the wellbeing of children in the area concerned,

• (ii) ensures that any action to meet needs is taken at the earliest appropriate time and that, where appropriate, action is taken to prevent needs arising,

• (iii) is most integrated from the point of view of recipients, and

• (iv) constitutes the best use of available resources,

• (b) that related services in the area concerned are provided in the way which, so far as consistent with the objects and proper delivery of the service concerned, safeguards, supports and promotes the wellbeing of children in the area concerned.

Children’s services plan: process

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• (1) In preparing a children's services plan a local authority and the relevant health board must—

• (a) give each of the other service providers and the Scottish Ministers an effective opportunity (consistent with the extent to which the services they provide are to be the subject of the children's services plan) to participate in or contribute to the preparation of the plan, and

• (b) consult—

• (i) such organisations as appear to fall within subsection (2),

• (ii) such social landlords as appear to provide housing in the area of the local authority, and

• (iii) such other persons as the Scottish Ministers may by direction specify.

• (2) The organisations falling within this subsection are organisations (whether or not formally constituted) which—

• (a) represent the interests of persons who use or are likely to use any children's service or related service in the area of the local authority, or

• (b) provide a service in the area which, if it were provided by the local authority, the relevant health board, any of the other service providers or the Scottish Ministers, would be a children's service or a related service.

• (3) In subsection (1)(b)(ii), “social landlords” has the meaning given by section 165 of the Housing (Scotland) Act 2010.

• (4) A direction under subsection (1)(b)(iii) may be revised or revoked.

• (5) Each of the other service providers is and the Scottish Ministers are to participate in or contribute to the preparation of the children's services plan in accordance with the opportunity given to them under subsection (1)(a).

• (6) The persons to be consulted under subsection (1)(b) are to meet any reasonable request which the local authority and the relevant health board make of them—

• (a) to participate in the preparation of the children's services plan for the area,

• (b) to contribute to the preparation of that plan.

• (7) As soon as reasonably practicable after a children's services plan has been prepared, the local authority and the relevant health board must—

• (a) send a copy to—

• (i) the Scottish Ministers, and

• (ii) each of the other service providers, and

• (b) publish it (in such manner as the local authority and the relevant health board consider appropriate).

• (8) Where the Scottish Ministers or any of the other service providers disagrees with the plan in relation to any matter concerning the provision of a service by them, they must prepare and publish (in such manner as they consider appropriate)—

• (a) a notice of the matters in relation to which they disagree, and

• (b) a statement of their reasons for disagreeing.

Children’s services plan: review

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• (1) A local authority and the relevant health board—

• (a) must keep the children's services plan for the area of the local authority under review, and

• (b) may in consequence prepare a revised children's services plan.

• (2) The following provisions apply to a revised children's services plan as they apply to a children's services plan—

• section 9,

• section 10, and

• subsection (1) of this section.

Implementation of children’s services plan

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• (1) During the period to which a children's services plan relates, the persons mentioned in subsection (2) must, so far as reasonably practicable, provide children's services and relevant services in the area of the local authority in accordance with the plan.

• (2) Those persons are—

• (a) the local authority,

• (b) the relevant health board,

• (c) the Scottish Ministers,

• (d) the other service providers.

• (3) The duty in subsection (1) to provide services in accordance with the plan—

• (a) does not apply to the extent that the person providing the service considers that to comply with it would adversely affect the wellbeing of a child,

• (b) does not apply in relation to the Scottish Ministers or the other service providers to the extent of any matter within a notice published by them under section 10(8) in relation to the plan.

Reporting on children’s services plan

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• (1) As soon as practicable after the end of each 1 year period, a local authority and the relevant health board must publish (in such manner as they consider appropriate) a report on the extent to which—

• (a) children's services and related services have in that period been provided in the area of the local authority in accordance with the children's services plan, and

• (b) that provision has achieved—

• (i) the aims listed in section 9(2),

• (ii) such outcomes in relation to the wellbeing of children in the area as the Scottish Ministers may by order prescribe.

• (2) In subsection (1), “1 year period” means—

• (a) the period of 1 year beginning with the date specified under section 8(1), and

• (b) each subsequent period of 1 year.

Assistance in relation to children’s services planning

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• (1) A person mentioned in subsection (2) must comply with any reasonable request made of them to provide a local authority and the relevant health board with information, advice or assistance for the purposes of exercising their functions under this Part.

• (2) Those persons are—

• (a) any of the other service providers or the Scottish Ministers (but only in so far as the information, advice or assistance relates to a children's service or a related service which it is a function of the person to provide),

• (b) any of the persons mentioned in section 10(1)(b).

• (3) Subsection (1) does not apply where the person considers that the provision of the information, advice or assistance concerned would—

• (a) be incompatible with any duty of the person, or

• (b) unduly prejudice the exercise of any function of the person.

Guidance in relation to children’s services planning

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• (1) A person or the persons mentioned in subsection (2) must have regard to any guidance issued by the Scottish Ministers about the exercise of functions conferred by this Part (other than the function of complying with section 12).

• (2) Those persons are—

• (a) a local authority and the relevant health board,

• (b) each of the other service providers.

• (3) Before issuing or revising guidance, the Scottish Ministers must consult—

• (a) any person to which it relates, and

• (b) such other persons as they consider appropriate.

Directions in relation to children’s services planning

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• (1) A person or the persons mentioned in subsection (2) must comply with any direction issued by the Scottish Ministers about the exercise of functions conferred by this Part (other than the function of complying with section 12).

• (2) Those persons are—

• (a) a local authority and the relevant health board,

• (b) each of the other service providers.

• (3) Before issuing, revising or revoking a direction, the Scottish Ministers must consult—

• (a) any person to which it relates, and

• (b) such other persons as they consider appropriate.

Children’s services planning: default powers of Scottish Ministers

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• (1) This section applies where the Scottish Ministers consider that a local authority and the relevant health board—

• (a) are not exercising a function conferred on them by this Part (other than the function of complying with section 12), or

• (b) are in exercising such a function not complying with section 15(1).

• (2) The Scottish Ministers may direct that the function—

• (a) is to be exercised in a particular way, or

• (b) is to be exercised instead by such of the persons mentioned in subsection (3) as the Scottish Ministers consider appropriate.

• (3) Those persons are—

• (a) the local authority,

• (b) the relevant health board,

• (c) another local authority or health board.

• (4) A direction under subsection (2)(b) may include such provision as the Scottish Ministers consider appropriate as to the making by a person who is not to be exercising the function of payment to a person who is to exercise the function by virtue of the direction.

• (5) Before issuing, revising or revoking a direction under subsection (2) the Scottish Ministers must consult—

• (a) the local authority and relevant health board whose failure is to be, or is, the subject of the direction, and

• (b) such other persons as they consider appropriate.

• (6) The persons to whom a direction under subsection (2) is addressed must comply with the direction.

Interpretation of Part 3

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In this Part—

• “children's services plan” has the meaning given by section 8(2),

• “service” means any service or support—which must be provided by the person concerned, orwhich the person concerned has power to provide.

PART 4 — Provision of named persons

Named person service

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• (1) In this Part, “named person service” means the service of making available, in relation to a child or young person, an identified individual who is to exercise the functions in subsection (5).

• (2) An individual may be identified for the purpose of a named person service only if the individual falls within subsection (3).

• (3) An individual falls within this subsection if—

• (a) the individual—

• (i) is an employee of the service provider, or

• (ii) is, or is an employee of, a person who exercises any function on behalf of the service provider, and

• (b) the individual meets such requirements as to training, qualifications, experience or position as may be specified by the Scottish Ministers by order.

• (4) An individual does not fall within subsection (3) if the individual is a parent of the child or young person.

• (5) The functions referred to in subsection (1) are—

• (a) subject to subsection (6), doing such of the following where the named person considers it to be appropriate in order to promote, support or safeguard the wellbeing of the child or young person—

• (i) advising, informing or supporting the child or young person, or a parent of the child or young person,

• (ii) helping the child or young person, or a parent of the child or young person, to access a service or support, or

• (iii) discussing, or raising, a matter about the child or young person with a service provider or relevant authority, and

• (b) such other functions as are specified by this Act or any other enactment as being functions of a named person in relation to a child or young person.

• (6) The function in subsection (5)(a) does not apply in relation to a matter arising at a time when the child or young person is, as a member of any of the reserve forces, subject to service law.

• (7) The named person functions are exercised on behalf of the service provider concerned.

• (8) Responsibility for the exercise of the named person functions lies with the service provider rather than the named person.

Named person service in relation to pre-school child

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• (1) A health board is to make arrangements for the provision of a named person service in relation to each pre-school child residing in its area.

• (2) A “pre-school child” is a child who—

• (a) has not commenced attendance at a primary school, and

• (b) if the child is of school age, has not commenced attendance at a primary school because the relevant local authority has consented to the child's commencement at primary school being delayed.

• (3) For the purposes of this section—

• (a) the reference to school age is to be construed by reference to the school commencement dates fixed by the relevant local authority,

• (b) references to attendance at a primary school do not include attendance at a nursery class in such a school,

• (c) references to the relevant local authority are to the local authority for the area in which the child concerned resides.

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

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• (1) A local authority is to make arrangements for the provision of a named person service in relation to each child residing in its area, other than—

• (a) a pre-school child, or

• (b) a child falling within subsection (2) or (4).

• (2) A child falls within this subsection if the child is—

• (a) a pupil at a public school which is managed by a different local authority,

• (b) a pupil at—

• (i) a grant-aided school, or

• (ii) an independent school,

• (c) kept in secure accommodation, or

• (d) in legal custody or subject to temporary release from such custody.

• (3) For the purposes of subsection (2)(d), a child is in legal custody—

• (a) while confined in or being taken to or from any penal institution in which the child may be lawfully confined,

• (b) while working, or for any other reason, outside the penal institution in the custody or under the control of an officer of the institution, a constable or a police custody and security officer,

• (c) while being taken to any place to which the child is required or authorised to be taken by virtue of the Prisons (Scotland) Act 1989, or

• (d) while kept in custody in pursuance of such a requirement or authorisation.

• (4) A child falls within this subsection if the child is a member of any of the regular forces.

• (5) During any period when a child falls within subsection (2)(a), the local authority which manages the school concerned is to make arrangements for the provision of a named person service in relation to the child.

• (6) During any period when a child falls within subsection (2)(b) or (c), the directing authority of the establishment concerned is to make arrangements for the provision of a named person service in relation to the child.

• (7) During any period when a child falls within subsection (2)(d), the Scottish Ministers are to make arrangements for the provision of a named person service in relation to the child.

Continuation of named person service in relation to certain young people

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• (1) A person mentioned in subsection (3) is to make arrangements for the provision of a named person service in relation to each young person.

• (2) A “young person” is a person who—

• (a) attained the age of 18 years while a pupil at a school, and

• (b) has since attaining that age, remained a pupil at that or another school.

• (3) The person referred to in subsection (1) is—

• (a) where the young person is a pupil at a school managed by a local authority, that authority,

• (b) where the young person is a pupil at a grant-aided school or an independent school, the directing authority of the establishment concerned.

Communication in relation to movement of children and young people

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• (1) This section applies where a person ceases to be the service provider in relation to a child or young person.

• (2) The person (“the outgoing service provider”) must as soon as is reasonably practicable—

• (a) inform any other person which has become or which it considers may be the service provider in relation to the child or young person (“the incoming service provider”) that the outgoing service provider has ceased to be the service provider in relation to the child or young person, and

• (b) provide the incoming service provider with—

• (i) the name and address of the child or young person and each parent of the child or young person (so far as the outgoing service provider has that information), and

• (ii) all information which the outgoing service provider holds which falls within subsection (3).

• (3) Information falls within this subsection if the outgoing service provider considers that—

• (a) it is likely to be relevant to—

• (i) the exercise by the incoming service provider of any functions of a service provider under this Part, or

• (ii) the future exercise of the named person functions in relation to the child or young person,

• (b) it ought to be provided for that purpose, and

• (c) its provision would not prejudice the conduct of a criminal investigation or the prosecution of any offence.

• (4) In considering for the purpose of subsection (3)(b) whether information ought to be provided, the outgoing service provider is so far as reasonably practicable to ascertain and have regard to the views of the child or young person.

• (5) In having regard to the views of a child under subsection (4), an outgoing service provider is to take account of the child's age and maturity.

• (6) The outgoing service provider may decide for the purpose of subsection (3)(b) that information ought to be provided only if the likely benefit to the wellbeing of the child or young person arising in consequence of doing so outweighs any likely adverse effect on that wellbeing arising from doing so.

• (7) Other than in relation to a duty of confidentiality, this section does not permit or require the provision of information in breach of a prohibition or restriction on the disclosure of information arising by virtue of an enactment or rule of law.

Duty to communicate information about role of named persons

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• (1) Each service provider must publish (in such manner as it considers appropriate) information about—

• (a) the operation of the named person service provided in pursuance of the arrangements made by it, including in particular—

• (i) how the named person functions are, generally, exercised, and

• (ii) the arrangements, generally, for contacting named persons,

• (b) how the service provider generally exercises its functions under this Part, and

• (c) such other matters relating to this Part as it considers appropriate.

• (2) The service provider in relation to a child or young person must provide the child or young person and the parents of the child or young person with information about the arrangements for contacting the named person for the child or young person—

• (a) as soon as reasonably practicable after it becomes the service provider in relation to the child or young person, and

• (b) as soon as reasonably practicable after there is any change in those arrangements.

Duty to help named person

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• (1) Subsection (2) applies where it appears to the service provider in relation to a child or young person that another service provider or a relevant authority could, by doing a certain thing, help in the exercise of any of the named person functions for a child or young person.

• (2) The other service provider or relevant authority must comply with any request for such help which is made of it, unless subsection (3) applies.

• (3) This subsection applies where the other service provider or relevant authority considers that the provision of the help would—

• (a) be incompatible with any duty of the other service provider or relevant authority, or

• (b) unduly prejudice the exercise of any function of the other service provider or relevant authority.

Information sharing

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• (1) A service provider or relevant authority must provide to the service provider in relation to a child or young person any information which the person holds which falls within subsection (2).

• (2) Information falls within this subsection if the information holder considers that—

• (a) it is likely to be relevant to the exercise of the named person functions in relation to the child or young person,

• (b) it ought to be provided for that purpose, and

• (c) its provision to the service provider in relation to the child or young person would not prejudice the conduct of any criminal investigation or the prosecution of any offence.

• (3) The service provider in relation to a child or young person must provide to a service provider or relevant authority any information which the person holds which falls within subsection (4).

• (4) Information falls within this subsection if the information holder considers that—

• (a) it is likely to be relevant to the exercise of any function of the service provider or relevant authority which affects or may affect the wellbeing of the child or young person,

• (b) it ought to be provided for that purpose, and

• (c) its provision to the service provider or relevant authority would not prejudice the conduct of any criminal investigation or the prosecution of any offence.

• (5) In considering for the purpose of subsection (2)(b) or (4)(b) whether information ought to be provided, the information holder is so far as reasonably practicable to ascertain and have regard to the views of the child or young person.

• (6) In having regard to the views of a child under subsection (5), an information holder is to take account of the child's age and maturity.

• (7) The information holder may decide for the purpose of subsection (2)(b) or (4)(b) that information ought to be provided only if the likely benefit to the wellbeing of the child or young person arising in consequence of doing so outweighs any likely adverse effect on that wellbeing arising from doing so.

• (8) The service provider in relation to a child or young person may provide to a service provider or relevant authority any information which the person holds which falls within subsection (9).

• (9) Information falls within this subsection if the information holder considers that its provision to the service provider or relevant authority is necessary or expedient for the purposes of the exercise of any of the named person functions.

• (10) References in this section to a service provider or a relevant authority include any person exercising a function on behalf of a service provider or relevant authority.

• (11) Other than in relation to a duty of confidentiality, this section does not permit or require the provision of information in breach of a prohibition or restriction on the disclosure of information arising by virtue of an enactment or rule of law.

Disclosure of information

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• (1) This section applies—

• (a) where by virtue of this Part, a person provides information in breach of a duty of confidentiality, and

• (b) in providing the information, the person informs the recipient of the breach of duty.

• (2) The recipient is not to provide the information to any other person, unless the provision of information is permitted or required by virtue of any enactment (including this Part) or rule of law.

Guidance in relation to named person service

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• (1) A person mentioned in subsection (2) must have regard to any guidance issued by the Scottish Ministers about the exercise of functions conferred by this Part.

• (2) Those persons are—

• (a) a local authority,

• (b) a health board,

• (c) a directing authority,

• (d) a relevant authority.

• (3) Before issuing or revising guidance, the Scottish Ministers must consult—

• (a) any person to which it relates, and

• (b) such other persons as they consider appropriate.

Directions in relation to named person service

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• (1) A person mentioned in subsection (2) must comply with any direction issued by the Scottish Ministers about the exercise of functions conferred by this Part.

• (2) Those persons are—

• (a) a local authority,

• (b) a health board,

• (c) a directing authority,

• (d) a relevant authority.

• (3) Before issuing, revising or revoking a direction, the Scottish Ministers must consult—

• (a) any person to which it relates, and

• (b) such other persons as they consider appropriate.

Complaints in relation to Part 4

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• (1) The Scottish Ministers may by order make provision about the making, consideration and determination of complaints concerning the exercise of functions conferred by or under this Part.

• (2) The provision which may be made under subsection (1) includes provision about—

• (a) matters which may, or may not, be the subject of a complaint,

• (b) who may make a complaint,

• (c) how a complaint may be made,

• (d) time limits for making complaints,

• (e) steps which require to be taken before a complaint may be made,

• (f) who is to consider a complaint,

• (g) the procedure for the consideration of a complaint,

• (h) the obtaining of information for the purpose of considering a complaint,

• (i) the keeping of records in relation to complaints or their consideration,

• (j) the making of findings, and reporting, following the consideration of a complaint.

• (3) An order under subsection (1) may modify any enactment.

Relevant authorities

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• (1) The persons listed, or within a description listed, in schedule 2, are “relevant authorities” for the purposes of this Part (subject to subsection (3)).

• (2) The Scottish Ministers may by order modify schedule 2 by—

• (a) adding a person or description of persons,

• (b) removing an entry listed in it, or

• (c) varying an entry listed in it.

• (3) The following persons are not relevant authorities for the purposes of section 29—

• (a) the Commissioner for Children and Young People in Scotland,

• (b) a body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005.

• (4) An order under subsection (2) which adds a person, or a description of persons, to schedule 2, may modify this section so as to provide that the person is not a relevant authority, or the persons within the description are not relevant authorities, for the purposes of section 29.

Interpretation of Part 4

32

In this Part—

• “constable” has the same meaning as in section 13(b) of the Prisons (Scotland) Act 1989,

• “directing authority” means—when used generally, each of the following—the managers of each grant-aided school,the proprietor of each independent school, andthe local authority or other person who manages each residential establishment which comprises secure accommodation,when used in relation to a particular establishment—in relation to a grant-aided school, the managers of the school,in relation to an independent school, the proprietor of the school,in relation to secure accommodation, the local authority or other person who manages the residential establishment,

• “named person” means the identified individual made available in pursuance of a named person service,

• “named person functions” means the functions to be exercised by way of the named person service,

• “parent” has the same meaning as in the 1980 Act,

• “penal institution” means any—prison (other than a naval, military or air force prison),remand centre (within the meaning of section 19(1)(a) of the Prisons (Scotland) Act 1989), oryoung offenders institution (within the meaning of section 19(1)(b) of the Prisons (Scotland) Act 1989),

• “pre-school child” has the meaning given by section 20(2),

• “regular forces” has the meaning given by section 374 of the Armed Forces Act 2006,

• “reserve forces” has the meaning given by section 374 of the Armed Forces Act 2006,

• “secure accommodation” means accommodation provided in a residential establishment, approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010, for the purpose of restricting the liberty of children,

• “service provider” means––when used generally, each of the following—each health board,each local authority,each directing authority, andthe Scottish Ministers,when used in relation to a child or young person, the person which has the function of making arrangements for the provision of a named person service in relation to the child or young person,

• “subject to service law” has the meaning given by section 374 of the Armed Forces Act 2006,

• “temporary release” means release by virtue of rules made under section 39(6) of the Prisons (Scotland) Act 1989,

• “young person” has the meaning given by section 22(2).

PART 5 — Child's plan

Child’s plan: requirement

33

• (1) For the purposes of this Part, a child requires a child's plan if the responsible authority in relation to a child considers that—

• (a) the child has a wellbeing need, and

• (b) subsection (3) applies in relation to that need.

• (2) A child has a wellbeing need if the child's wellbeing is being, or is at risk of being, adversely affected by any matter.

• (3) This subsection applies in relation to a wellbeing need if—

• (a) the need is not capable of being met, or met fully, by the taking of action other than a targeted intervention in relation to the child, and

• (b) the need, or the remainder of the need, is capable of being met, or met to some extent, by one or more targeted interventions in relation to the child.

• (4) A “targeted intervention” is a service which––

• (a) is provided by a relevant authority in pursuance of any of its functions, and

• (b) is directed at meeting the needs of children whose needs are not capable of being met, or met fully, by the services which are provided generally to children by the authority.

• (5) The references in subsection (4) to services being provided by a relevant authority include references to services provided by a third person under arrangements made by the relevant authority.

• (6) In deciding whether a child requires a child's plan, the responsible authority––

• (a) is, where the child's named person is not an employee of the responsible authority, to consult the child's named person, and

• (b) is so far as reasonably practicable to ascertain and have regard to the views of—

• (i) the child,

• (ii) the child's parents,

• (iii) such persons, or the persons within such description, as the Scottish Ministers may by order specify, and

• (iv) such other persons as the responsible authority considers appropriate.

• (7) In having regard to the views of the child, the responsible authority is to take account of the child's age and maturity.

• (8) Subsection (1) does not apply in relation to—

• (a) a child who already has a child's plan,

• (b) a child who is a member of any of the regular forces.

• (9) In subsection (8)(b), “regular forces” has the meaning given by section 374 of the Armed Forces Act 2006.

Content of a child’s plan

34

• (1) A child's plan is to contain a statement of—

• (a) the child's wellbeing need,

• (b) the targeted intervention which requires to be provided, or the targeted interventions which require to be provided, in relation to the child, and

• (c) in relation to each such targeted intervention—

• (i) the relevant authority which is to provide the targeted intervention,

• (ii) the manner in which the targeted intervention is to be provided, and

• (iii) the outcome in relation to the child's wellbeing need which the targeted intervention is intended to achieve.

• (2) A child's plan may contain a targeted intervention only where the relevant authority which would provide it, or under whose arrangements it would be provided, agrees.

• (3) If that relevant authority is not to prepare the plan, it must provide to the person who is to prepare the plan a statement of its reasons for not agreeing.

• (4) The Scottish Ministers may by order make provision as to—

• (a) other information which is, or is not, to be contained in child's plans,

• (b) the form of child's plans.

Preparation of a child’s plan

35

• (1) This section applies where a child requires a child's plan.

• (2) Subject to subsections (3) and (5), the responsible authority is to prepare such a plan as soon as is reasonably practicable.

• (3) Where the responsible authority and a relevant authority agree that it would be more appropriate for the relevant authority to prepare a child's plan, the relevant authority is to prepare the plan as soon as is reasonably practicable.

• (4) A relevant authority which declines to give its agreement as mentioned in subsection (3) must provide a statement of its reasons.

• (5) Subsection (2) does not apply where, by virtue of section 34(2), there are no targeted interventions which may be contained in a child's plan.

• (6) In preparing a child's plan, an authority––

• (a) is, where the child's named person is not an employee of the authority, to consult the child's named person, and

• (b) is so far as reasonably practicable to ascertain and have regard to the views of—

• (i) the child,

• (ii) the child's parents,

• (iii) such persons, or the persons within such description, as the Scottish Ministers may by order specify, and

• (iv) such other persons as the authority considers appropriate.

• (7) In having regard to the views of the child, the authority preparing the child's plan is to take account of the child's age and maturity.

• (8) The Scottish Ministers may by order––

• (a) make further provision as to the preparation of child's plans,

• (b) make provision requiring or permitting the authority which prepared a child's plan to provide a copy of it to a particular person or to the persons within a particular description.

• (9) An order under subsection (8)(b) may include provision to the effect that a copy of a child's plan is to be provided to a person, or to persons within a particular description, only—

• (a) in circumstances described in the order, or

• (b) where the authority considers it appropriate.

Responsible authority: general

36

• (1) For the purposes of this Part, the responsible authority in relation to a child is—

• (a) where the child is a pre-school child, the health board for the area in which the child resides,

• (b) where the child is not a pre-school child, the local authority for the area in which the child resides.

• (2) Subsection (1) is subject to section 37.

• (3) A “pre-school child” is a child who—

• (a) has not commenced attendance at a primary school, and

• (b) if the child is of school age, has not commenced attendance at a primary school because the relevant local authority has consented to the child's commencement at primary school being delayed.

• (4) For the purposes of this section—

• (a) the reference to school age is to be construed by reference to the school commencement dates fixed by the relevant local authority,

• (b) the references to attendance at a primary school do not include attendance at a nursery class in such a school, and

• (c) the references to the relevant local authority are to the local authority for the area in which the child concerned resides.

Responsible authority: special cases

37

• (1) Where in pursuance of a decision of a local authority or health board a pre-school child resides in the area of a health board which is different to that in which the child would otherwise reside, the health board for the area in which the child would otherwise reside is the responsible authority in relation to the child.

• (2) Where the child is a pupil at a public school which is managed by a local authority other than the one for the area in which the child resides, that other authority is the responsible authority in relation to the child.

• (3) Where the child is a pupil at a grant-aided school or an independent school, the directing authority of that school is the responsible authority in relation to the child.

• (4) Subsection (3) does not apply where the child is such a pupil by virtue of a placement by a local authority.

• (5) Where—

• (a) the child falls within subsection (6), and

• (b) in consequence the child resides in the area of a local authority which is different to that in which the child would otherwise reside,

the local authority for the area in which the child would otherwise reside is the responsible authority in relation to the child.

• (6) A child falls within this subsection if—

• (a) in pursuance of the duties of a local authority under the 1980 Act the child—

• (i) is a pupil at a grant-aided school or an independent school, and

• (ii) resides in accommodation provided for the purpose of attending that school by its managers,

• (b) by virtue of Chapter 1 of Part 2 of the 1995 Act, the child is placed in a residential establishment (within the meaning of section 93 of that Act),

• (c) by virtue of an order under the Children's Hearing (Scotland) Act 2011, the child resides at a residential establishment (within the meaning of section 202 of that Act), or

• (d) in pursuance of an order under the Criminal Procedure (Scotland) Act 1995, the child is detained in residential accommodation provided under Part 2 of the 1995 Act.

• (7) The Scottish Ministers may by order modify this section so as to make further or different provision as to circumstances in which section 36(1) does not apply in relation to a child.

Delivery of a child’s plan

38

• (1) A relevant authority is so far as reasonably practicable—

• (a) to provide any targeted intervention contained in a child's plan which is to be provided by it in accordance with the plan,

• (b) to secure that any targeted intervention contained in a child's plan which is to be provided by a third person under arrangements made by the authority is provided in accordance with the plan.

• (2) Subsection (1) does not apply to the extent that the authority considers that to comply with it would adversely affect the wellbeing of the child.

Child’s plan: management

39

• (1) The managing authority of a child's plan is to keep under review whether—

• (a) the wellbeing need of the child stated in the plan is still accurate,

• (b) in relation to each targeted intervention, it or the manner of its provision, is still appropriate,

• (c) the outcome of the plan has been achieved, and

• (d) the management of the plan should transfer to another relevant authority.

• (2) In reviewing a child's plan, the managing authority—

• (a) is to consult—

• (i) each other relevant authority to which subsection (3) applies,

• (ii) where it is neither the managing authority nor consulted under sub-paragraph (i), the responsible authority in relation to the child, and

• (iii) where the child's named person is not an employee of the managing authority, the child's named person, and

• (b) is so far as reasonably practicable to ascertain and have regard to the views of—

• (i) the child,

• (ii) the child's parents,

• (iii) such persons, or the persons within such description, as the Scottish Ministers may by order specify, and

• (iv) such other persons as the managing authority considers appropriate.

• (3) This subsection applies to a relevant authority if—

• (a) it is providing a targeted intervention contained in the plan, or

• (b) a targeted intervention contained in the plan is being provided by a third person under arrangements made by the authority.

• (4) In having regard to the views of the child as mentioned in subsection (2)(b)(i), the managing authority is to take account of the child's age and maturity.

• (5) The managing authority of a child's plan may in consequence of the review—

• (a) amend the plan so as to revise—

• (i) the wellbeing need of the child,

• (ii) a targeted intervention,

• (iii) the manner in which a targeted intervention requires to be provided, or

• (iv) the outcome which the plan is intended to achieve,

• (b) transfer the management of the plan to another relevant authority, or

• (c) end the plan.

• (6) The Scottish Ministers may by order make provision about the management of child's plans, including provision about—

• (a) when and how a child's plan is to be reviewed in accordance with subsection (1),

• (b) who is to be the managing authority of a child's plan,

• (c) when and to whom management of a child's plan is to or may transfer under subsection (5)(b),

• (d) when and how a new targeted intervention may be included in a child's plan,

• (e) the keeping, disclosure and destruction of child's plans.

• (7) Subject to provision made under subsection (6)(b), the managing authority of a child's plan is—

• (a) the relevant authority which prepared it, or

• (b) where management of the child's plan has been transferred under subsection (5)(b), the relevant authority to which the management of the child's plan was so transferred (or where there has been more than one such transfer, last so transferred).

Assistance in relation to child’s plan

40

• (1) A person mentioned in subsection (2) must comply with any reasonable request made of the person to provide a person exercising functions under this Part with information, advice or assistance for that purpose.

• (2) Those persons are—

• (a) a relevant authority,

• (b) a listed authority.

• (3) Subsection (1) does not apply where the person to whom the request is made considers that provision of the information, advice or assistance concerned would—

• (a) be incompatible with any duty of the person, or

• (b) unduly prejudice the exercise of any function of the person.

• (4) Other than in relation to a duty of confidentiality, subsection (1) does not permit or require the provision of information in breach of a prohibition or restriction on the disclosure of information arising by virtue of an enactment or rule of law.

• (5) Subsection (6) applies—

• (a) where, by virtue of subsection (1), a person provides information in breach of a duty of confidentiality, and

• (b) in providing the information, the person informs the recipient of the breach of duty.

• (6) The recipient is not to provide the information to any other person unless the provision of information is permitted or required by virtue of any enactment (including this Part) or rule of law.

Guidance on child’s plans

41

• (1) A person mentioned in subsection (2) must have regard to any guidance issued by the Scottish Ministers about the exercise of functions conferred by or under this Part (other than the function of complying with section 38).

• (2) Those persons are—

• (a) a relevant authority,

• (b) a listed authority.

• (3) Before issuing or revising guidance, the Scottish Ministers must consult—

• (a) any person to which it relates, and

• (b) such other persons as they consider appropriate.

Directions in relation to child’s plans

42

• (1) A person mentioned in subsection (2) must comply with any direction issued by the Scottish Ministers about the exercise of functions conferred by or under this Part (other than the function of complying with section 38).

• (2) Those persons are—

• (a) a relevant authority,

• (b) a listed authority.

• (3) Before issuing, revising or revoking a direction, the Scottish Ministers must consult—

• (a) any person to which it relates, and

• (b) such other persons as they consider appropriate.

Complaints in relation to Part 5

43

• (1) The Scottish Ministers may by order make provision about the making, consideration and determination of complaints concerning the exercise of functions conferred by or under this Part.

• (2) The provision which may be made under subsection (1) includes provision about—

• (a) matters which may, or may not, be the subject of a complaint,

• (b) who may make a complaint,

• (c) how a complaint may be made,

• (d) time limits for making complaints,

• (e) steps which require to be taken before a complaint may be made,

• (f) who is to consider a complaint,

• (g) the procedure for the consideration of a complaint,

• (h) the obtaining of information for the purpose of considering a complaint,

• (i) the keeping of records in relation to complaints or their consideration,

• (j) the making of findings, and reporting, following the consideration of a complaint.

• (3) An order under subsection (1) may modify any enactment.

Listed authorities

44

• (1) The persons listed, or within a description listed, in schedule 3, are “listed authorities” for the purposes of this Part (subject to subsections (3) and (4)).

• (2) The Scottish Ministers may by order modify schedule 3 by—

• (a) adding a person or description of persons,

• (b) removing an entry listed in it, or

• (c) varying an entry listed in it.

• (3) The Scottish Ministers are not a listed authority for the purposes of sections 41 and 42.

• (4) The following persons are not listed authorities for the purposes of section 42—

• (a) the Commissioner for Children and Young People in Scotland,

• (b) a body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005.

• (5) An order under subsection (2) which adds a person, or a description of persons, to schedule 3, may modify this section so as to provide that the person is not a listed authority, or the persons within the description are not listed authorities, for the purposes of section 42.

Interpretation of Part 5

45

In this Part—

• “child's named person” means the individual who is the child's named person by virtue of Part 4,

• “directing authority” means—when used generally—the managers of each grant-aided school,the proprietor of each independent school,when used in relation to a particular establishment—in relation to a grant-aided school, the managers of the school,in relation to an independent school, the proprietor of the school,

• “parent” has the same meaning as in the 1980 Act,

• “relevant authority” means any—health board,local authority, ordirecting authority,

• “service” includes support,

• “targeted intervention” has the meaning given by section 33(4).

PART 6 — Early learning and childcare

Early learning and childcare

46

In this Part, “early learning and childcare” means a service, consisting of education and care, of a kind which is suitable in the ordinary case for children who are under school age, regard being had to the importance of interactions and other experiences which support learning and development in a caring and nurturing setting.

Duty to secure provision of early learning and childcare

47

• (1) An education authority must, in pursuance of its duty under section 1(1) of the 1980 Act, secure that the mandatory amount of early learning and childcare is made available for each eligible pre-school child belonging to its area.

• (2) An “eligible pre-school child” is a child who—

• (a) is under school age,

• (b) has not commenced attendance at a primary school (other than at a nursery class in such a school), and

• (c) either—

• (i) falls within subsection (3), or

• (ii) is within such age range, or is of such other description, as the Scottish Ministers may by order specify.

• (3) Subject to subsection (4), a child falls within this subsection if the child is aged 2 or over and

• (a) is or has been at any time since the child's second birthday—

• (i) looked after by the authority concerned or by any other local authority, or

• (ii) the subject of a kinship care order , or

• (b) has, or had, a guardian by virtue of an appointment under section 7 of the 1995 Act.

• (4) The Scottish Ministers may by order provide that a child aged 4 or over does not (or is no longer to) fall within subsection (3) in such circumstances as may be specified in the order.

• (5) An order made under subsection (2)(c)(ii) may provide that a child is to be an eligible pre-school child only if the education authority concerned is satisfied as to any matter relating to the child which is specified in the order.

• (6) In subsection (3)(b), “ kinship care order ” has the meaning given by section 72(1).

Mandatory amount of early learning and childcare

48

• (1) The “mandatory amount”, for the purposes of section 47(1), means—

• (a) 1140 hours in each year for which a child is an eligible pre-school child, and

• (b) a pro rata amount for each part of a year for which a child is an eligible pre-school child.

• (2) The Scottish Ministers may by order modify subsection (1) so as to vary the amount of early learning and childcare which is to be made available in pursuance of section 47(1).

• (3) Such an order may, without prejudice to section 99(1)(a), make different provision in relation to different types of eligible pre-school children.

Looked after 2 year olds: alternative arrangements to meet wellbeing needs

49

• (1) Subsection (2) applies where—

• (a) an authority's duty under section 47(1) applies in relation to a child only by virtue of the child falling within section 47(3)(a)(i),

• (b) the authority, after assessing the child's needs, considers that making alternative arrangements in relation to the child's education and care would better safeguard or promote the child's wellbeing.

• (2) Where this subsection applies, the authority—

• (a) need not comply with its duty under section 47(1) in relation to the child, but

• (b) must make such alternative arrangements in relation to the child's education and care as it considers appropriate for the purposes of safeguarding or promoting the child's wellbeing.

• (3) Subsection (2) does not apply in relation to a child who is not being looked after by the authority if a parent of the child objects to the authority making alternative arrangements.

• (4) The authority may, at any time, review any alternative arrangements it makes in relation to a child in pursuance of subsection (2)(b) (and must do so on becoming aware of any significant change in the child's circumstances) and may, following such a review, alter those arrangements.

• (5) The authority must seek to ensure that a record of—

• (a) the outcome of any assessment of a child's needs that it undertakes in pursuance of subsection (1)(b), and

• (b) any alternative arrangements that it makes in relation to the child's education and care in pursuance of subsection (2)(b),

is included in any child's plan which is prepared for the child under Part 5.

Duty to consult and plan on delivery of early learning and childcare

50

• (1) An education authority must, at least once every 2 years—

• (a) consult such persons as appear to it to be representative of parents of children under school age in its area about how it should make early learning and childcare available in pursuance of this Part, and

• (b) after having had regard to views expressed, prepare and publish a plan for how it intends to make early learning and childcare available in pursuance of this Part.

• (2) The Scottish Ministers may, by order, modify subsection (1) so as to vary the regularity within which an education authority must consult and plan in pursuance of that subsection.

Method of delivery of early learning and childcare

51

• (1) An education authority must ensure that it makes early learning and childcare available in pursuance of this Part by way of sessions—

• (a) which are provided during at least 38 weeks of every calendar year, and

• (b) which are each of 10 hours or less in duration.

• (2) The Scottish Ministers may, by order, modify subsection (1) so as to vary the method of delivering early learning and childcare which it describes.

Flexibility in way in which early learning and childcare is made available

52

In exercising functions under sections 50 and 51, an education authority must have regard to the desirability of ensuring that the method by which it makes early learning and childcare available in pursuance of this Part is flexible enough to allow parents an appropriate degree of choice when deciding how to access the service.

Interpretation of Part 6

53

In this Part—

• “early learning and childcare” has the meaning given by section 46,

• “eligible pre-school child” has the meaning given by section 47(2),

• “parent” has the same meaning as in the 1980 Act.

PART 7 — Power to provide school education for pre-school children

Duty to consult and plan in relation to power to provide school education for pre-school children

54

In section 1 of the 1980 Act, after subsection (2A) insert—

(2B) An education authority must, at least once every two years— (a) consult such persons as appear to be representative of parents of pre-school children within their area about whether and if so how they should provide school education for such children under subsection (1C) above; and (b) after having had regard to the views expressed, prepare and publish their plans in relation to the provision of such education for such children under that subsection. (2C) The Scottish Ministers may by order modify subsection (2B) above so as to vary the regularity within which an education authority must consult and plan in pursuance of that subsection. (2D) An order made under subsection (2C) above is subject to the negative procedure.

.

PART 8 — Day care and out of school care

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

55

• (1) Section 27 of the 1995 Act is amended as follows.

• (2) After subsection (1) insert—

(1A) A local authority must, at least once every two years— (a) consult such persons as appear to be representative of parents of children in need within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above about how they should provide day care for such children in pursuance of that subsection; and (b) after having had regard to the views expressed, prepare and publish their plans for how they intend to provide day care for such children in pursuance of that subsection. (1B) A local authority must, at least once every two years— (a) consult such persons as appear to be representative of parents of children within their area who satisfy the conditions mentioned in paragraphs (a) and (b) of subsection (1) above but are not in need about whether and if so how they should provide day care for such children under that subsection; and (b) after having had regard to the views expressed, prepare and publish their plans in relation to the provision of day care for such children under that subsection.

.

• (3) After subsection (3) insert—

(3A) A local authority must, at least once every two years— (a) consult such persons as appear to be representative of parents of children in need within their area who are in attendance at a school about how they should provide appropriate care for such children in pursuance of subsection (3) above; and (b) after having had regard to the views expressed, prepare and publish their plans for how they intend to provide appropriate care for such children in pursuance of that subsection. (3B) A local authority must, at least once every two years— (a) consult such persons as appear to be representative of parents of children within their area who are in attendance at a school but are not in need about whether and if so how they should provide appropriate care for such children under subsection (3) above; and (b) after having had regard to the views expressed, prepare and publish plans in relation to the provision of appropriate care for such children in their area under that subsection. (3C) The Scottish Ministers may by order modify subsection (1A), (1B), (3A) or (3B) above so as to vary the regularity within which a local authority must consult and plan in pursuance of that subsection. (3D) An order made under subsection (3C) above is subject to the negative procedure.

.

PART 9 — Corporate parenting

Corporate parents

56

• (1) The persons listed, or within a description listed, in schedule 4 are “corporate parents” for the purposes of this Part (subject to subsections (3) and (4)).

• (2) The Scottish Ministers may by order modify schedule 4 by—

• (a) adding a person or description of persons,

• (b) removing an entry listed in it, or

• (c) varying an entry listed in it.

• (3) The Scottish Ministers are not corporate parents for the purposes of sections 61 to 64.

• (4) The following persons are not corporate parents for the purposes of section 64—

• (a) the Commissioner for Children and Young People in Scotland,

• (b) a body which is a “post-16 education body” for the purposes of the Further and Higher Education (Scotland) Act 2005.

• (5) An order under subsection (2) which adds a person, or a description of persons, to schedule 4, may modify this section so as to provide that the person is not a corporate parent, or the persons within the description are not corporate parents, for the purposes of section 64.

• (6) In this Part, references to the “corporate parenting responsibilities” of a corporate parent are to the duties conferred on that corporate parent by section 58(1).

Application of Part: children and young people

57

• (1) This Part applies to—

• (a) every child who is looked after by a local authority, and

• (b) every young person who—

• (i) is under the age of 26, and

• (ii) was (on the person's 16th birthday or at any subsequent time) but is no longer looked after by a local authority.

• (2) This Part also applies to a young person who—

• (a) is at least the age of 16 but under the age of 26, and

• (b) is not of the description in subsection (1)(b)(ii) but is of such other description of person formerly but no longer looked after by a local authority as the Scottish Ministers may specify by order.

Corporate parenting responsibilities

58

• (1) It is the duty of every corporate parent, in so far as consistent with the proper exercise of its other functions—

• (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies,

• (b) to assess the needs of those children and young people for services and support it provides,

• (c) to promote the interests of those children and young people,

• (d) to seek to provide those children and young people with opportunities to participate in activities designed to promote their wellbeing,

• (e) to take such action as it considers appropriate to help those children and young people—

• (i) to access opportunities it provides in pursuance of paragraph (d), and

• (ii) to make use of services, and access support, which it provides, and

• (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people.

• (2) The Scottish Ministers may by order—

• (a) modify subsection (1) so as to confer, remove or vary a duty on corporate parents,

• (b) provide that subsection (1) is to be read, in relation to a particular corporate parent or corporate parents of a particular description, with a modification conferring, removing or varying a duty.

Planning by corporate parents

59

• (1) A corporate parent must—

• (a) prepare a plan for how it proposes to exercise its corporate parenting responsibilities, and

• (b) keep its plan under review.

• (2) Before preparing or revising a plan, a corporate parent must consult such other corporate parents, and such other persons, as it considers appropriate.

• (3) A corporate parent must publish its plan, and any revised plan, in such manner as it considers appropriate (and, in particular, plans may be published together with, or as part of, any other plan or document).

Collaborative working among corporate parents

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• (1) Corporate parents must, in so far as reasonably practicable, collaborate with each other when exercising their corporate parenting responsibilities or any other functions under this Part where they consider that doing so would safeguard or promote the wellbeing of children or young people to whom this Part applies.

• (2) Such collaboration may include—

• (a) sharing information,

• (b) providing advice or assistance,

• (c) co-ordinating activities (and seeking to prevent unnecessary duplication),

• (d) sharing responsibility for action,

• (e) funding activities jointly,

• (f) exercising functions under this Part jointly (for example, by publishing a joint plan or joint report).

Reports by corporate parents

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• (1) A corporate parent must report on how it has exercised—

• (a) its corporate parenting responsibilities,

• (b) its planning and collaborating functions in pursuance of sections 59 and 60, and

• (c) its other functions under this Part.

• (2) Reports may, in particular, include information about—

• (a) standards of performance,

• (b) the outcomes achieved in pursuance of this Part.

• (3) Reports are to be published in such manner as the corporate parent considers appropriate (and, in particular, reports may be published together with, or as part of, any other report or document).

Duty to provide information to Scottish Ministers

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• (1) A corporate parent must provide the Scottish Ministers with such information as they may reasonably require about how it is—

• (a) exercising its corporate parenting responsibilities,

• (b) planning, collaborating or reporting in pursuance of sections 59, 60 or 61, or

• (c) otherwise exercising functions under this Part.

• (2) Information which is required may, in particular, include information about—

• (a) standards of performance,

• (b) the outcomes achieved in pursuance of this Part.

Guidance on corporate parenting

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• (1) A corporate parent must have regard to any guidance about corporate parenting issued by the Scottish Ministers.

• (2) Guidance may, in particular, include advice or information about—

• (a) how corporate parents should—

• (i) exercise their corporate parenting responsibilities,

• (ii) promote awareness of their corporate parenting responsibilities,

• (iii) plan, collaborate or report in pursuance of sections 59, 60 or 61, or

• (iv) otherwise exercise functions under this Part,

• (b) outcomes which corporate parents should seek to achieve in exercising functions under this Part.

• (3) Before issuing or revising guidance, the Scottish Ministers must consult––

• (a) any corporate parent to which it relates, and

• (b) such other persons as they consider appropriate.