Citation, commencement and interpretation

1.  (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(2); and

"the 2010 Act" means the Schools (Consultation) (Scotland) Act 2010(3).

Appointed day

2.  (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(4) (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.

Saving provision

3.  (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(5) made before 26th January 2015.

Article 2

SCHEDULE

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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The Bill for the 2014 Act received Royal Assent on 27th March 2014. Section 102(1) brought Part 18 of the 2014 Act into force on the day after Royal Assent (apart from sections 96, 97 and 98). Section 102(2) brought subsections (2) to (5) of section 47 (duty to secure provision of early learning and childcare) into force on the day after Royal Assent. The provisions of the 2014 Act commenced by earlier commencement orders are detailed below.