Children (Leaving Care) Act 2000 in Scotland
2000 c. 35 · Enacted 30 November 2000 · Extends to England, Wales and Scotland
An Act to make provision about children and young persons who are being, or have been, looked after by a local authority; to replace section 24 of the Children Act 1989; and for connected purposes.
[30th November 2000]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
6Exclusion from benefits.I1
Subject to subsection (3), this section applies to—
an eligible child for the purposes of paragraph 19B of Schedule 2 to the M3Children Act 1989;
a relevant child for the purposes of section 23A of that Act; and
a category 1 young person within the meaning of section 104 of the Social Services and Well-being (Wales) Act 2014;
a category 2 young person within the meaning of section 104 of the Social Services and Well-being (Wales) Act 2014;
any person of a description prescribed in regulations under subsection (4).
The Secretary of State may by regulations provide that this section does not apply to a person who falls within subsection (2)(a) or (b) but who also falls within such category or description, or satisfies such conditions, as may be prescribed in the regulations.
The Secretary of State may make regulations prescribing descriptions of person who do not fall within subsection (2)(a) or (b) but who—
have been looked after by a local authority in Scotland (within the meaning of section 17(6) of the M4Children (Scotland) Act 1995); and
otherwise correspond (whether or not exactly) to eligible or relevant children.
The Secretary of State may in regulations make such transitional, consequential and saving provision as he considers necessary or expedient in connection with the coming into force of this section.
Section 175(3) to (5) of the M5Social Security Contributions and Benefits Act 1992 (supplemental power in relation to regulations) applies to regulations made under this section as it applies to regulations made under that Act.
Powers to make regulations under this section include power to make different provision for different areas.
Powers to make regulations under this section are exercisable by statutory instrument.
No statutory instrument containing regulations under subsection (4) is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
A statutory instrument containing regulations under subsection (3) or (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8Interpretation, commencement, extent, Wales and short title.
In this Act, “the 1989 Act” means the M1Children Act 1989.
Apart from section 7(5) and this section, this Act comes into force on such day as may be appointed by order made by statutory instrument.
An order under subsection (2) is to be made—
as respects section 6, by the Secretary of State;
as respects other provisions so far as they relate to England, by the Secretary of State; and
as respects those other provisions so far as they relate to Wales, by the National Assembly for Wales.
Different days may be appointed under this section for different provisions and for different purposes.
Any such order may make such transitional, consequential or saving provision as the Secretary of State or (as the case may be) the National Assembly for Wales considers necessary or expedient.
This Act extends only to England and Wales, except for section 6 and this section, which also extend to Scotland.
The reference to the 1989 Act in Schedule 1 to the M2National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by this Act.
Subsection (7) does not affect the power to make further Orders varying or omitting that reference.
This Act may be cited as the Children (Leaving Care) Act 2000.