United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

Prospective

Reporting duty of listed authorities S

18 Reporting duty of listed authorities S

(1) A listed authority must, as soon as practicable after the end of each reporting period, publish a report on—

(a) the actions it has taken during the period—

(i) for the purpose of ensuring compliance with the duty under section 6(1), and

(ii) to secure better or further effect of the rights of children, and

(b) the actions that it intends to take during the next reporting period—

(i) for the purpose of ensuring compliance with the duty under section 6(1), and

(ii) to secure better or further effect of the rights of children.

(2) Two or more listed authorities may satisfy subsection (1) by publishing a report prepared by them jointly.

(3) Reports under this section must be published in such manner as the listed authority (or authorities) considers appropriate.

(4) A report published under this section must be accompanied by a version of the report that children can understand.

(5) A listed authority (or, where two or more authorities have prepared a report jointly, either or any of them) must, as soon as practicable after publishing a report under this section, send a copy of it to the Scottish Ministers.

(6) In this section—

• “listed authority” means an authority listed in section 19,

• “reporting period” means—

  (a)

  the period beginning with the day on which this section comes into force and ending on 31 March 2026, and

  (b)

  each subsequent period of 3 years.

Commencement Information

I1 S. 18 comes into force in accordance with s. 47(2)

19 Listed authorities S

(1) For the purposes of section 18(1), the listed authorities are—

(a) a local authority,

(b) Children’s Hearings Scotland,

(c) the Scottish Children’s Reporter Administration,

(d) a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

(e) a special health board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

(f) Healthcare Improvement Scotland,

(g) the Scottish Qualifications Authority,

(h) the Skills Development Scotland Co. Limited (registered number SC202659),

(i) Social Care and Social Work Improvement Scotland,

(j) the Scottish Social Services Council,

(k) the Scottish Sports Council,

(l) the chief constable of the Police Service of Scotland,

(m) the Scottish Police Authority,

(n) the Scottish Fire and Rescue Service,

(o) the Scottish Legal Aid Board,

(p) the Scottish Courts and Tribunals Service,

(q) the Mental Welfare Commission for Scotland,

(r) the Scottish Housing Regulator,

(s) Bòrd na Gàidhlig,

(t) Creative Scotland,

(u) an integration joint board to which functions in relation to persons under the age of 18 are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014,

(v) ILF Scotland.

(2) The Scottish Ministers may by regulations modify subsection (1) by—

(a) adding a public authority or a description of public authorities as a listed authority (or authorities),

(b) removing a listed authority (or authorities), or

(c) amending an entry for a listed authority (or authorities).

(3) Regulations under subsection (2) are subject to the affirmative procedure.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (2)(a) or (b) before the Scottish Parliament, the Scottish Ministers must consult—

(a) the public authority concerned or (as the case may be) the public authorities falling within the description of public authorities concerned, and

(b) such other persons as they consider appropriate.

Commencement Information

I2 S. 19 comes into force in accordance with s. 47(2)

20 Guidance on section 18 S

(1) The Scottish Ministers must issue guidance about the carrying out of listed authorities’ functions under section 18.

(2) Before issuing guidance under subsection (1), the Scottish Ministers must consult—

(a) children,

(b) the Commissioner for Children and Young People in Scotland,

(c) the Scottish Commission for Human Rights, and

(d) such other persons as the Scottish Ministers consider appropriate.

(3) The Scottish Ministers must, as soon as practicable after issuing guidance under subsection (1), publish the guidance in such manner as they consider appropriate.

(4) The Scottish Ministers must from time to time review guidance issued under subsection (1) and may revise the guidance.

(5) References in subsections (2) to (4) to guidance include references to revised guidance.

Commencement Information

I3 S. 20 comes into force in accordance with s. 47(2)