OpenLegislation

The Continuing Care (Scotland) Amendment Order 2017

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2017, ISBN 9780111034491

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 26A(11)(b) of the Children (Scotland) Act 1995 for approval by resolution of the Scottish Parliament

Children And Young Persons

Made 2017

Coming into force 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by section 26A(2)(b) of the Children (Scotland) Act 1995f1 and all other powers enabling them to do so.

In accordance with section 26A(12) of that Act, the Scottish Ministers have consulted with each local authority and such other persons as they consider appropriate.

In accordance with section 26A(11)(b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1995 c.36. Section 26A was inserted by section 67(1) of the Children and Young People (Scotland) Act 2014 (asp 8). Section 26A(13) contains a definition of “specified” for the purposes of section 26A.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Continuing Care (Scotland) Order 2015
  3. 3Revocation of the Continuing Care (Scotland) Amendment Order 2016
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Continuing Care (Scotland) Amendment Order 2017 and comes into force on 1st April 2017.

2Amendment of the Continuing Care (Scotland) Order 2015

(1)

The Continuing Care (Scotland) Order 2015f1 is amended as follows.

(2)

In article 2 (eligible person: specified age)f2, for “eighteen” substitute “nineteen”.

3Revocation of the Continuing Care (Scotland) Amendment Order 2016

The Continuing Care (Scotland) Amendment Order 2016f1 is revoked.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This order amends article 2 of the Continuing Care (Scotland) Order 2015 (S.S.I. 2015/158) with the effect that the higher age limit for “eligible persons” specified for the purposes of section 26A(2)(b) of the Children (Scotland) Act 1995 (“1995 Act”) is nineteen years of age (increased from eighteen). This means that an “eligible person” for the purposes of the duty on local authorities to provide continuing care under section 26A of the 1995 Act is a person who is at least sixteen years of age and who has not yet reached the age of nineteen.