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THROUGHCARE AND AFTERCARE OF LOOKED AFTER CHILDREN IN SCOTLAND
ANNEX C RELEVANT STATUTORY PROVISIONS
Children (Scotland) Act 1995 (1995 Chapter 36) as amended by the Regulation of Care (Scotland) Act 2001 (2001 asp 8)
29.
(1) A local authority shall, unless they are satisfied that his welfare does not require it, advise, guide and assist any person in their area over school age but not yet nineteen years of age who, at the time when he ceased to be of school age or at any subsequent time was, but who is no longer, looked after by a local authority.
(2) If a person within the area of a local authority is at least nineteen, but is less than twenty-one, years of age and is otherwise a person such as is described in subsection (1) above, he may by application to the authority request that they provide him with advice, guidance and assistance; and they may, unless they are satisfied that his welfare does not require it, grant that application.
(3) Subject to section 73(2) of the Regulation of Care (Scotland) Act 2001 (asp 8), assistance given under subsection (1) or (2) above may include assistance in kind or in cash.
(4) Where a person -
- (a) over school age ceases to be looked after by a local authority; or
- (b) described in subsection (1) above is being provided with advice, guidance or assistance by a local authority,
they shall, if he proposes to reside in the area of another local authority, inform that other local authority accordingly provided that he consents to their doing so.
(5) It is the duty of each local authority, in relation to any person to whom they have a duty under subsection (1) above or who makes an application under subsection (2) above, to carry out an assessment of the person's needs.
(6) Each local authority shall establish a procedure for considering representations (including complaints) made to them by any person mentioned in subsection (1) or (2) above about the discharge of their functions under the provisions of subsections (1) to (5) above.
(7) In subsection (1) above, the reference to having been "looked after by a local authority" shall be construed as including having been looked after by a local authority in England and Wales; and subsection (4) of section 105 of the Children Act 1989 (c.41) (construction of references to a child looked after by a local authority) shall apply for the purposes of this subsection as it applies for the purposes of that Act ("local authority in England and Wales" being construed in accordance with subsection (1) of that section).
Regulation of Care (Scotland) Act 2001 (2001 asp 8)
Section 73 Amendment of Children (Scotland) Act 1995: after-care
(1) Amends section 29 of the Children (Scotland) Act 1995
(2) The Scottish Ministers may in regulations -
- (a) specify, either generally or in relation to a category or description of persons mentioned in subsection (1) or (2) of section 29 of the Children (Scotland) Act 1995 (or treated, by virtue of paragraph (b)(i) below, as so mentioned), the manner in which assistance is to be provided or, as the case may be, may be provided under the subsection in question;
- (b) prescribe a category or description of persons who -
- (i) though not mentioned in subsection (1) or (2) of that section are, for the purposes of the subsection in question, to be treated as persons so mentioned; or
- (ii) though so mentioned are, for the purposes of the subsection in question, not to be treated as so mentioned,
but such category or description must for the purposes of sub-paragraph (i) above be of persons who are, or have been, "eligible children" within the meaning of paragraph 19B(1) of Schedule 2 to the Children Act 1989 (local authority support for children and families) or "relevant children" within the meaning of section 23A(1) of that Act (functions of responsible authority) and for the purposes of sub-paragraph (ii) above be of persons to whom the subsection in question applies by virtue of subsection (1) above;
- (c)make provision as to assessments for the purposes of subsection (5) of section 29 of the Children (Scotland) Act 1995; or
- (d) make provision as to procedures established under subsection (6) of that section.
(3) Regulations under subsection (2)(c) above may in particular make provision about -
- (a) who is to be consulted in relation to an assessment;
- (b) the way in which an assessment is to be carried out, by whom and when;
- (c) the recording of the results of an assessment; or
- (d) the considerations to which the local authority are to have regard in carrying out the assessment.
(4) Regulations under this section may make different provision for different areas.
Children (Leaving Care) Act 2000 (2000 Chapter 35)
6.
(1) No person is entitled to income-based jobseekers allowance under the Jobseekers Act 1995, or to income support or housing benefit under the Social Security Contributions and Benefits Act 1992, while he is a person to whom this section applies.
(2) Subject to subsection (3), this section applies to -
- (a) an eligible child for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989;
- (b) a relevant child for the purposes of section 23A of that Act; and
- (c) any person of a description prescribed in regulations under subsection (4).
(3) 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.
(4) The Secretary of State may make regulations prescribing descriptions of person who do not fall within subsection (2)(a) or (b) but who -
- (a) have been looked after by a local authority in Scotland (within the meaning of section 17(6) of the Children (Scotland) Act 1995); and
- (b) otherwise correspond (whether or not exactly) to eligible or relevant children.
(5) 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.
(6) Section 175(3) to (5) of the Social 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.
(7) Powers to make regulations under this section include power to make different provision for different areas.
(8) Powers to make regulations under this section are exercisable by statutory instrument.
(9) 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.
(10) 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.
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