Children (Scotland) Act 1995
1995 c. 36 · Enacted 19 July 1995 · Extends to United Kingdom
An Act to reform the law of Scotland relating to children, to the adoption of children and to young persons who as children have been looked after by a local authority; to make new provision as respects the relationship between parent and child and guardian and child in the law of Scotland; to make provision as respects residential establishments for children and certain other residential establishments; and for connected purposes.
[19th July 1995]
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:—C1
Annotations to the whole text
Modifications
- C1
Act: power to modify conferred (1.9.2025) by 2011 asp 1, s. 190(2A) (as substituted by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(b), 38(3); S.S.I. 2025/115, reg. 2(2)(c))
Contents
- Part I: Parents, Children and Guardians
- Parental responsibilities and parental rights
- 1Parental responsibilities.
- 2Parental rights.
- 3Provisions relating both to parental responsibilities and to parental rights.
- 4Acquisition of parental rights and responsibilities by natural father.
- 4AAcquisition of parental responsibilities and parental rights by second female parent by agreement with mother
- 5Care or control of child by person without parental responsibilities or parental rights.
- 6Views of children.
- Guardianship
- 7Appointment of guardians.
- 8Revocation and other termination of appointment.
- Administration of child’s property
- 9Safeguarding of child’s property.
- 10Obligations and rights of person administering child’s property.
- Court Orders
- 11Court orders relating to parental responsibilities etc.
- 11ARestriction on making of orders under section 11
- 12Restrictions on decrees for divorce, separation or annulment affecting children.
- 13Awards of damages to children.
- Jurisdiction and choice of law
- 14Jurisdiction and choice of law in relation to certain matters.
- Interpretation
- 15Interpretation 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
- 16Welfare of child and consideration of his views.
- 17Duty of local authority to child looked after by them.
- 17ADetained children to be treated as looked after children
- 18Duty of persons with parental responsibilities to notify change of address to local authority looking after child.
- Provision of services
- 19Local authority plans for services for children. Repealed
- 20Publication of information about services for children.
- 21Co-operation between authorities.
- 22Promotion of welfare of children in need.
- 23Children affected by disability.
- 23ASections 17, 22 and 26A: consideration of wellbeing
- 24Assessment of ability of carers to provide care for disabled children. Repealed
- 24ADuty of local authority to provide information to carer of disabled child Repealed
- 25Provision of accommodation for children, etc.
- 26Manner of provision of accommodation to child looked after by local authority.
- 26AProvision of continuing care: looked after children
- 27Day care for pre-school and other children.
- 28Removal of power to arrange for emigration of children.
- Advice and assistance for young persons formerly looked after by local authorities
- 29After-care.
- 30Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc.
- Miscellaneous and General
- 31Review of case of child looked after by local authority.
- 32Removal of child from residential establishment.
- 33Effect of orders etc. made in different parts of the United Kingdom.
- 33ARegulation of cross-border placements
- 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 35Welfare of children in accommodation provided for purposes of school attendance.
- 36Welfare of certain children in hospitals and nursing homes etc.
- 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 38Short-term refuges for children at risk of harm.
- Chapter 2: Children’s Hearings
- Constitution of children’s hearings
- 39Formation of children’s panel and children’s hearings. Repealed
- Qualifications, employment and duties of reporters
- 40Qualification and employment of reporters. Repealed
- Safeguards for children
- 41Safeguarding child’s interests in proceedings. Repealed
- Conduct of proceedings at and in connection with children’s hearing
- 42Power of Secretary of State to make rules governing procedure at children’s hearing etc. Repealed
- 43Privacy of proceedings at and right to attend children’s hearing. Repealed
- 44Prohibition of publication of proceedings at children’s hearing.
- 45Attendance of child and relevant person at children’s hearing. Repealed
- 46Power to exclude relevant person from children’s hearing. Repealed
- 47Presumption and determination of age. Repealed
- Transfer etc. of cases
- 48Transfer of case to another children’s hearing. Repealed
- 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 50Treatment of child’s case on remission by court. Repealed
- Appeals
- 51Appeal against decision of children’s hearing or sheriff. Repealed
- Chapter 3: Protection and supervision of Children
- Children requiring compulsory measures of supervision
- 52Children requiring compulsory measures of supervision. Repealed
- Preliminary and investigatory measures
- 53Provision of information to the Principal Reporter. Repealed
- 54Reference to the Principal Reporter by court. Repealed
- 55Child assessment orders. Repealed
- 56Initial investigation by the Principal Reporter. Repealed
- Measures for the emergency protection of children
- 57Child protection orders. Repealed
- 58Directions in relation to contact and exercise of parental responsibilities and parental rights. Repealed
- 59Initial hearing of case of child subject to child protection order. Repealed
- 60Duration, recall or variation of child protection order. Repealed
- 61Emergency protection of children where child protection order not available. Repealed
- 62Regulations in respect of emergency child protection measures. Repealed
- Children arrested by the police
- 63Review of case of child arrested by police. Repealed
- Business meeting preparatory to children’s hearing
- 64Business meeting preparatory to children’s hearing. Repealed
- Referral to, and disposal of case by, children’s hearing
- 65Referral to, and proceedings at, children’s hearing. Repealed
- 66Warrant to keep child where children’s hearing unable to dispose of case. Repealed
- 67Warrant for further detention of child. Repealed
- 68Application to sheriff to establish grounds of referral. Repealed
- 68ARestrictions on evidence in certain cases involving sexual abuse Repealed
- 68BExceptions to restrictions under section 68A Repealed
- 69Continuation or disposal of referral by children’s hearing. Repealed
- 70Disposal of referral by children’s hearing: supervision requirements, including residence in secure accommodation. Repealed
- 71Duties of local authority with respect to supervision requirements. Repealed
- 71AEnforcement of local authorities' duties under section 71 Repealed
- 72Transfer of child subject to supervision requirement in case of necessity. Repealed
- 73Duration and review of supervision requirement. Repealed
- 74Further provision as respects children subject to supervision requirements. Repealed
- 75Powers of Secretary of State with respect to secure accommodation.
- Parenting orders
- 75ARequirement on Principal Reporter to consider application for parenting order Repealed
- Failure to provide education for excluded pupils
- 75BFailure to provide education for excluded pupils: reference to Scottish Ministers Repealed
- Exclusion orders
- 76Exclusion orders.
- 77Effect of, and orders etc. ancillary to, exclusion order.
- 78Powers of arrest etc. in relation to exclusion order.
- 79Duration, variation and recall of exclusion order.
- 80Exclusion orders: supplementary provisions.
- Offences in connection with orders etc. for protection of children
- 81Offences in connection with orders etc. for protection of children. Repealed
- Fugitive children and harbouring
- 82Recovery of certain fugitive children. Repealed
- 83Harbouring. Repealed
- Implementation of authorisations etc.
- 84Implementation of authorisations etc. Repealed
- New evidence: review of establishment of grounds of referral
- 85Application for review of establishment of grounds of referral. Repealed
- Chapter 4: Parental Responsibilities Orders, etc.
- Parental responsibilities orders
- 86Parental responsibilities order: general. Repealed
- 86A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 87Further provision as respects parental responsibilities orders. Repealed
- 88Parental contact. Repealed
- 89Offences in relation to parental responsibilities orders. Repealed
- Miscellaneous
- 90Consent of child to certain procedures. Repealed
- 91Procedural rules in relation to certain applications etc.
- 92Legal aid in respect of certain proceedings. Repealed
- Interpretation of Part II
- 93Interpretation of Part II.
- Part III: Adoption
- 94Approval of adoption society for specific services. Repealed
- 95Welfare of child paramount consideration. Repealed
- 96Duty of adoption agency to consider alternatives to adoption. Repealed
- 97Adoption by person married to natural parent. Repealed
- 98Further amendments of the 1978 Act; and interpretation of Part III. Repealed
- Part IV: General and Supplemental
- 99Registration of births by persons who are themselves children.
- 100Inquiries into matters affecting children.
- 101Panel for curatorsad litem, reporting officers and safeguarders.
- 101ARegister for child welfare reporters
- 101BRegister of curators ad litem for the purposes of section 11D
- 101CContact services: regulation
- 102Removal of duty to report on operation of Children Act 1975.
- 103Interpretation, rules, regulations and Parliamentary control.
- 104Financial provision.
- 105Extent, short title, minor and consequential amendments, repeals and commencement.
- Schedule 1: Children’s Panels Repealed
- Appointment Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Children’s Panel Advisory Committees Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Joint Advisory Committees Repealed
- 8Paragraph 8 Repealed
- Recruitment and training of panel members Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Expenses of panel members Repealed
- 11Paragraph 11 Repealed
- Publication of list of members of children’s panel Repealed
- 12Paragraph 12 Repealed
- Schedule 2
- 1Paragraph 1
- 2Paragraph 2
- 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Schedule 3: Transitional Provisions And Savings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 4: Minor and Consequential Amendments
- Lands Clauses Consolidation (Scotland) Act 1845 (c.19)
- 1Paragraph 1
- Judicial Factors (Scotland) Act 1849 (c.51)
- 2Paragraph 2
- Improvement of Land Act 1864 (c.114)
- 3Paragraph 3
- Judicial Factors (Scotland) Act 1880 (c.4)
- 4Paragraph 4
- Heritable Securities (Scotland) Act 1894 (c.44)
- 5Paragraph 5
- Trusts (Scotland) Act 1921 (c.58)
- 6Paragraph 6
- Children and Young Persons (Scotland) Act 1937 (c. 37)
- 7Paragraph 7
- Mines and Quarries Act 1954 (c. 70)
- 8Paragraph 8
- Matrimonial Proceedings (Children) Act 1958 (c. 40)
- 9Paragraph 9
- Factories Act 1961 (c. 34)
- 10Paragraph 10
- Education (Scotland) Act 1962 (c. 47)
- 11Paragraph 11
- Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)
- 12Paragraph 12
- 13Paragraph 13
- Law Reform (Miscellaneous Provisions)(Scotland) Act 1966 (c.19)
- 14Paragraph 14
- Social Work (Scotland) Act 1968 (c.49)
- 15Paragraph 15
- Children and Young Persons Act 1969 (c. 54)
- 16Paragraph 16
- Chronically Sick and Disabled Persons Act 1970 (c. 44)
- 17Paragraph 17
- Sheriff Courts (Scotland) Act 1971 (c. 58)
- 18Paragraph 18
- Employment of Children Act 1973 (c. 24)
- 19Paragraph 19 Repealed
- Domicile and Matrimonial Proceedings Act 1973 (c. 45)
- 20Paragraph 20
- Land Compensation (Scotland) Act 1973 (c.56)
- 21Paragraph 21
- Local Government (Scotland) Act 1973 (c. 65)
- 22Paragraph 22
- Rehabilitation of Offenders Act 1974 (c. 53)
- 23Paragraph 23
- Criminal Procedure (Scotland) Act 1975 (c. 21)
- 24Paragraph 24 Repealed
- Local Government (Scotland) Act 1975 (c. 30)
- 25Paragraph 25 Repealed
- Children Act 1975 (c. 72)
- 26Paragraph 26
- Sexual Offences (Scotland) Act 1976 (c. 67)
- 27Paragraph 27 Repealed
- Education (Scotland) Act 1980 (c. 44)
- 28Paragraph 28
- Criminal Justice (Scotland) Act 1980 (c. 62)
- 29Paragraph 29 Repealed
- Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
- 30Paragraph 30
- Civil Jurisdiction and Judgments Act 1982 (c. 27)
- 31Paragraph 31
- Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
- 32Paragraph 32
- Mental Health (Scotland) Act 1984 (c. 36)
- 33Paragraph 33 Repealed
- Child Abduction Act 1984 (c. 37)
- 34Paragraph 34
- Foster Children (Scotland) Act 1984 (c.56)
- 35Paragraph 35
- Family Law (Scotland) Act 1985 (c. 37)
- 36Paragraph 36
- Child Abduction and Custody Act 1985 (c. 60)
- 37Paragraph 37
- Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9)
- 38Paragraph 38
- Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
- 39Paragraph 39
- Legal Aid (Scotland) Act 1986 (c. 47)
- 40Paragraph 40
- Family Law Act 1986 (c. 55)
- 41Paragraph 41
- Housing (Scotland) Act 1987 (c. 26)
- 42Paragraph 42 Repealed
- Criminal Justice (Scotland) Act 1987 (c. 41)
- 43Paragraph 43
- Civil Evidence (Scotland) Act 1988 (c. 32)
- 44Paragraph 44
- Court of Session Act 1988 (c. 36)
- 45Paragraph 45
- School Boards (Scotland) Act 1988 (c. 47)
- 46Paragraph 46 Repealed
- Self-Governing Schools etc. (Scotland) Act 1989 (c. 39)
- 47Paragraph 47
- Children Act 1989 (c. 41)
- 48Paragraph 48
- Local Government and Housing Act 1989 (c. 42)
- 49Paragraph 49
- Access to Health Records Act 1990 (c. 23)
- 50Paragraph 50
- Horses (Protective Headgear for Young Riders) Act 1990 (c. 25)
- 51Paragraph 51
- Child Support Act 1991 (c. 48)
- 52Paragraph 52
- Age of Legal Capacity (Scotland) Act 1991 (c. 50)
- 53Paragraph 53
- Armed Forces Act 1991 (c. 62)
- 54Paragraph 54
- Tribunals and Inquiries Act 1992 (c. 53)
- 55Paragraph 55
- Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
- 56Paragraph 56
- Local Government etc. (Scotland) Act 1994 (c. 39)
- 57Paragraph 57
- Children (Northern Ireland) Order 1995 (SI 1995/755 (N.I.2))
- 58Paragraph 58
- Civil Evidence (Family Mediation)(Scotland) Act 1995 (c. 6)
- 59Paragraph 59
- Criminal Justice (Scotland) Act 1995 (c. 20)
- 60Paragraph 60
- Schedule 5Repeals