# The Children and Young People (Scotland) Act 2014 (Commencement No. 5 and Saving Provision) Order 2014

S.S.I. 2014/353 · made 9 December 2014

This Order brings into force section 81(4) and (5) (school closure review panels) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) on 9th January 2015, for the purpose of bringing into force section 17A(5) of, and schedule 2A to, the Schools (Consultation) (Scotland) Act 2010 (so far as not already in force), and section 81(7), (10), (11)(a) and (12) of the 2014 Act.

Made under: Children and Young People (Scotland) Act 2014 (Section 102)

PDFs: Printed copy https://openlegislation.uk/children-and-young-people-scotland-act-2014-commencement-no-5-and-saving-provision-order-2014/pdf/ssi_20140353_en.pdf

## Introductory text

Children And Young Persons
Education
Made 9th December 2014
Laid before the Scottish Parliament 10th December 2014
Coming into force 9th January 2015
The Scottish Ministers make the following Order in exercise of the powers conferred by section 102(3) and (4) of the Children and Young People (Scotland) Act 2014.

## 1 Citation, commencement and interpretation

(1) This Order may be cited as the Children and Young People (Scotland) Act 2014 (Commencement No. 5 and Saving Provision) Order 2014 and comes into force on 9th January 2015.
(2) In this Order—
“the 2014 Act” means the Children and Young People (Scotland) Act 2014;
“the 2011 Act” means the Children’s Hearings (Scotland) Act 2011; and
“the 2010 Act” means the Schools (Consultation) (Scotland) Act 2010.

## 2 Appointed day

(1) 9th January 2015 is the day appointed for the coming into force of—
(a) section 81(4) and (5) of the 2014 Act (school closure review panels) for the purpose of bringing into force section 17A(5) of, and schedule 2A to, the 2010 Act (in so far as not already in force); and
(b) section 81(7), (10), (11)(a) and (12) of the 2014 Act.
(2) 26th January 2015 is the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (the subject-matter of which is described in column 2 of the Schedule).
(3) Where a purpose is specified in column 3 of the Schedule to this Order in relation to any provision specified in column 1 of that Schedule, that provision comes into force on 26th January 2015 for that purpose only.

## 3 Saving provision

(1) Where paragraph (2) applies, section 54(c) and (d) of the 2011 Act (termination of order after maximum of 8 working days) continue to have effect on and after 26th January 2015 as they had effect immediately before that date.
(2) This paragraph applies in the case of a child protection order made before 26th January 2015.

## Signature

AILEEN CAMPBELL
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
9th December 2014

## 

Column 1
Provisions of the 2014 Act
Column 2
Subject-matter
Column 3
Purpose
Section 82
Safeguarders: exceptions to duty to prepare report on appointment
Section 83
Maximum period of child protection order
Section 84
Power to determine that deeming of person as relevant person to end
Section 85
Grounds hearing: non-acceptance of facts supporting ground
Section 86
Failure of child to attend grounds hearing: power to make interim order
Section 87
Limit on number of further interim compulsory supervision orders
Section 88
Area support teams: establishment
Section 89
Area support teams: administrative support by local authorities
Section 90
Interpretation of Part 16
Section 98
Modification of enactments (consequential amendments)
For the purpose of commencing paragraph 3(1) and (2) and paragraph 12(1) to (9) of schedule 5 to the 2014 Act
Schedule 5, paragraph 3(1) and (2) and paragraph 12(1) to (9)
Consequential amendments

## Explanatory note

(This note is not part of the Order)
This Order brings into force section 81(4) and (5) (school closure review panels) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) on 9th January 2015, for the purpose of bringing into force section 17A(5) of, and schedule 2A to, the Schools (Consultation) (Scotland) Act 2010 (so far as not already in force), and section 81(7), (10), (11)(a) and (12) of the 2014 Act.
This Order also brings into force the following provisions of the 2014 Act on 26th January 2015: sections 82, 83, 84, 85, 86, 87, 88, 89 and 90, which make amendments to the Children’s Hearings (Scotland) Act 2011 (asp 1) (“the 2011 Act”); paragraphs 3(1) and (2) and 12(1) to (9) of schedule 5, which make further consequential amendments to the 2011 Act; and section 98 for the purpose of commencing those paragraphs in schedule 5 to the 2014 Act.
Article 3 makes saving provision in relation to the commencement of section 83 of the 2014 Act. It provides that where a child protection order was made before 26th January 2015 but had not, by that date, ceased to have effect, section 54(c) and (d) will continue to have effect as it did before that date.

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Source: https://www.legislation.gov.uk/ssi/2014/353 (the official version)
Page: https://openlegislation.uk/children-and-young-people-scotland-act-2014-commencement-no-5-and-saving-provision-order-2014
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.