Children (Scotland) Act 1995
Children (Scotland) Act 1995 (1995 c. 36)
- Children (Scotland) Act 1995 (1995 c. 36)
- Part I Parents, Children and Guardians
- Parental responsibilities and parental rights
- 1 Parental responsibilities.
- 2 Parental rights.
- 3 Provisions relating both to parental responsibilities and to parental rights.
- 4 Acquisition of parental rights and responsibilities by natural father.
- 4A Acquisition of parental responsibilities and parental rights by second female parent by agreement with mother
- 5 Care or control of child by person without parental responsibilities or parental rights.
- 6 Views of children.
- Guardianship
- 7 Appointment of guardians.
- 8 Revocation and other termination of appointment.
- Administration of child’s property
- 9 Safeguarding of child’s property.
- 10 Obligations and rights of person administering child’s property.
- Court Orders
- 11 Court orders relating to parental responsibilities etc.
- 11A Restriction on making of orders under section 11
- 12 Restrictions on decrees for divorce, separation or annulment affecting children.
- 13 Awards of damages to children.
- Jurisdiction and choice of law
- 14 Jurisdiction and choice of law in relation to certain matters.
- Interpretation
- 15 Interpretation of Part I.
- Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.
- Chapter 1 Support for Children and Their Families
- Introductory
- 16 Welfare of child and consideration of his views.
- 17 Duty of local authority to child looked after by them.
- 17A Detained children to be treated as looked after children
- 18 Duty of persons with parental responsibilities to notify change of address to local authority looking after child.
- Provision of services
- 19 Local authority plans for services for children.
- 20 Publication of information about services for children.
- 21 Co-operation between authorities.
- 22 Promotion of welfare of children in need.
- 23 Children affected by disability.
- 23A Sections 17, 22 and 26A: consideration of wellbeing
- 24 Assessment of ability of carers to provide care for disabled children.
- 24A Duty of local authority to provide information to carer of disabled child
- 25 Provision of accommodation for children, etc.
- 26 Manner of provision of accommodation to child looked after by local authority.
- 26A Provision of continuing care: looked after children
- 27 Day care for pre-school and other children.
- 28 Removal of power to arrange for emigration of children.
- Advice and assistance for young persons formerly looked after by local authorities
- 29 After-care.
- 30 Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc.
- Miscellaneous and General
- 31 Review of case of child looked after by local authority.
- 32 Removal of child from residential establishment.
- 33 Effect of orders etc. made in different parts of the United Kingdom.
- 33A Regulation of cross-border placements
- 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 35 Welfare of children in accommodation provided for purposes of school attendance.
- 36 Welfare of certain children in hospitals and nursing homes etc.
- 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 38 Short-term refuges for children at risk of harm.
- Chapter 2 Children’s Hearings
- Constitution of children’s hearings
- 39 Formation of children’s panel and children’s hearings.
- Qualifications, employment and duties of reporters
- 40 Qualification and employment of reporters.
- Safeguards for children
- 41 Safeguarding child’s interests in proceedings.
- Conduct of proceedings at and in connection with children’s hearing
- 42 Power of Secretary of State to make rules governing procedure at children’s hearing etc.
- 43 Privacy of proceedings at and right to attend children’s hearing.
- 44 Prohibition of publication of proceedings at children’s hearing.
- 45 Attendance of child and relevant person at children’s hearing.
- 46 Power to exclude relevant person from children’s hearing.
- 47 Presumption and determination of age.
- Transfer etc. of cases
- 48 Transfer of case to another children’s hearing.
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 Treatment of child’s case on remission by court.
- Appeals
- 51 Appeal against decision of children’s hearing or sheriff.
- Chapter 3 Protection and supervision of Children
- Children requiring compulsory measures of supervision
- 52 Children requiring compulsory measures of supervision.
- Preliminary and investigatory measures
- 53 Provision of information to the Principal Reporter.
- 54 Reference to the Principal Reporter by court.
- 55 Child assessment orders.
- 56 Initial investigation by the Principal Reporter.
- Measures for the emergency protection of children
- 57 Child protection orders.
- 58 Directions in relation to contact and exercise of parental responsibilities and parental rights.
- 59 Initial hearing of case of child subject to child protection order.
- 60 Duration, recall or variation of child protection order.
- 61 Emergency protection of children where child protection order not available.
- 62 Regulations in respect of emergency child protection measures.
- Children arrested by the police
- 63 Review of case of child arrested by police.
- Business meeting preparatory to children’s hearing
- 64 Business meeting preparatory to children’s hearing.
- Referral to, and disposal of case by, children’s hearing
- 65 Referral to, and proceedings at, children’s hearing.
- 66 Warrant to keep child where children’s hearing unable to dispose of case.
- 67 Warrant for further detention of child.
- 68 Application to sheriff to establish grounds of referral.
- 68A Restrictions on evidence in certain cases involving sexual abuse
- 68B Exceptions to restrictions under section 68A
- 69 Continuation or disposal of referral by children’s hearing.
- 70 Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation.
- 71 Duties of local authority with respect to supervision requirements.
- 71A Enforcement of local authorities' duties under section 71
- 72 Transfer of child subject to supervision requirement in case of necessity.
- 73 Duration and review of supervision requirement.
- 74 Further provision as respects children subject to supervision requirements.
- 75 Powers of Secretary of State with respect to secure accommodation.
- Parenting orders
- 75A Requirement on Principal Reporter to consider application for parenting order
- Failure to provide education for excluded pupils
- 75B Failure to provide education for excluded pupils: reference to Scottish Ministers
- Exclusion orders
- 76 Exclusion orders.
- 77 Effect of, and orders etc. ancillary to, exclusion order.
- 78 Powers of arrest etc. in relation to exclusion order.
- 79 Duration, variation and recall of exclusion order.
- 80 Exclusion orders: supplementary provisions.
- Offences in connection with orders etc. for protection of children
- 81 Offences in connection with orders etc. for protection of children.
- Fugitive children and harbouring
- 82 Recovery of certain fugitive children.
- 83 Harbouring.
- Implementation of authorisations etc.
- 84 Implementation of authorisations etc.
- New evidence: review of establishment of grounds of referral
- 85 Application for review of establishment of grounds of referral.
- Chapter 4 Parental Responsibilities Orders, etc.
- Parental responsibilities orders
- 86 Parental responsibilities order: general.
- 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 87 Further provision as respects parental responsibilities orders.
- 88 Parental contact.
- 89 Offences in relation to parental responsibilities orders.
- Miscellaneous
- 90 Consent of child to certain procedures.
- 91 Procedural rules in relation to certain applications etc.
- 92 Legal aid in respect of certain proceedings.
- Interpretation of Part II
- 93 Interpretation of Part II.
- Part III Adoption
- 94 Approval of adoption society for specific services.
- 95 Welfare of child paramount consideration.
- 96 Duty of adoption agency to consider alternatives to adoption.
- 97 Adoption by person married to natural parent.
- 98 Further amendments of the 1978 Act; and interpretation of Part III.
- Part IV General and Supplemental
- 99 Registration of births by persons who are themselves children.
- 100 Inquiries into matters affecting children.
- 101 Panel for curatorsad litem, reporting officers and safeguarders.
- 101A Register for child welfare reporters
- 101B Register of curators ad litem for the purposes of section 11D
- 101C Contact services: regulation
- 102 Removal of duty to report on operation of Children Act 1975.
- 103 Interpretation, rules, regulations and Parliamentary control.
- 104 Financial provision.
- 105 Extent, short title, minor and consequential amendments, repeals and commencement.
- SCHEDULES
- SCHEDULE 1 Children’s Panels
- Appointment
- Children’s Panel Advisory Committees
- Joint Advisory Committees
- Recruitment and training of panel members
- Expenses of panel members
- Publication of list of members of children’s panel
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- SCHEDULE 3 Transitional Provisions And Savings
- SCHEDULE 4 Minor and Consequential Amendments
- Lands Clauses Consolidation (Scotland) Act 1845 (c.19)
- Judicial Factors (Scotland) Act 1849 (c.51)
- Improvement of Land Act 1864 (c.114)
- Judicial Factors (Scotland) Act 1880 (c.4)
- Heritable Securities (Scotland) Act 1894 (c.44)
- Trusts (Scotland) Act 1921 (c.58)
- Children and Young Persons (Scotland) Act 1937 (c. 37)
- Mines and Quarries Act 1954 (c. 70)
- Matrimonial Proceedings (Children) Act 1958 (c. 40)
- Factories Act 1961 (c. 34)
- Education (Scotland) Act 1962 (c. 47)
- Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)
- Law Reform (Miscellaneous Provisions)(Scotland) Act 1966 (c.19)
- Social Work (Scotland) Act 1968 (c.49)
- Children and Young Persons Act 1969 (c. 54)
- Chronically Sick and Disabled Persons Act 1970 (c. 44)
- Sheriff Courts (Scotland) Act 1971 (c. 58)
- Employment of Children Act 1973 (c. 24)
- Domicile and Matrimonial Proceedings Act 1973 (c. 45)
- Land Compensation (Scotland) Act 1973 (c.56)
- Local Government (Scotland) Act 1973 (c. 65)
- Rehabilitation of Offenders Act 1974 (c. 53)
- Criminal Procedure (Scotland) Act 1975 (c. 21)
- Local Government (Scotland) Act 1975 (c. 30)
- Children Act 1975 (c. 72)
- Sexual Offences (Scotland) Act 1976 (c. 67)
- Education (Scotland) Act 1980 (c. 44)
- Criminal Justice (Scotland) Act 1980 (c. 62)
- Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
- Civil Jurisdiction and Judgments Act 1982 (c. 27)
- Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
- Mental Health (Scotland) Act 1984 (c. 36)
- Child Abduction Act 1984 (c. 37)
- Foster Children (Scotland) Act 1984 (c.56)
- Family Law (Scotland) Act 1985 (c. 37)
- Child Abduction and Custody Act 1985 (c. 60)
- Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9)
- Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
- Legal Aid (Scotland) Act 1986 (c. 47)
- Family Law Act 1986 (c. 55)
- Housing (Scotland) Act 1987 (c. 26)
- Criminal Justice (Scotland) Act 1987 (c. 41)
- Civil Evidence (Scotland) Act 1988 (c. 32)
- Court of Session Act 1988 (c. 36)
- School Boards (Scotland) Act 1988 (c. 47)
- Self-Governing Schools etc. (Scotland) Act 1989 (c. 39)
- Children Act 1989 (c. 41)
- Local Government and Housing Act 1989 (c. 42)
- Access to Health Records Act 1990 (c. 23)
- Horses (Protective Headgear for Young Riders) Act 1990 (c. 25)
- Child Support Act 1991 (c. 48)
- Age of Legal Capacity (Scotland) Act 1991 (c. 50)
- Armed Forces Act 1991 (c. 62)
- Tribunals and Inquiries Act 1992 (c. 53)
- Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
- Local Government etc. (Scotland) Act 1994 (c. 39)
- Children (Northern Ireland) Order 1995 (SI 1995/755 (N.I.2))
- Civil Evidence (Family Mediation)(Scotland) Act 1995 (c. 6)
- Criminal Justice (Scotland) Act 1995 (c. 20)
- SCHEDULE 5 Repeals
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