Children (Scotland) Act 1995 (c. 36)

(The document as of February, 2008)

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(a) is not known, cannot be found or is incapable of giving agreement;

(b) is withholding agreement unreasonably;

(c) has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child--

(i) the responsibility to safeguard and promote the child's health, development and welfare; or

(ii) if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis;

(d) has seriously ill-treated the child, whose reintegration into the same household as the parent or guardian is, because of the serious ill-treatment or for other reasons, unlikely. " ; and

(b) subsection (5) shall cease to have effect.

11 In section 18 (making and effect of orders freeing for adoption)--

(a) in subsection (1), after the word "agency" insert "which is a local authority";

(b) for subsection (5) substitute--

" (5) On the making of an order under this section, the parental responsibilities and parental rights in relation to the child are transferred to the adoption agency. " ;

" (7) Before making an order under this section in the case of a child whose father is not, and has not been, married to the mother and does not have any parental responsibilities or parental rights in relation to the child, the court shall satisfy itself in relation to any person claiming to be the father that--

(a) he has no intention of applying for, or, if he did so apply, it is likely that he would be refused, an order under section 11 of the Children (Scotland) 1995 Act (orders in relation to parental responsibilities and parental rights); and

(b) he has no intention of entering into an agreement with the mother under section 4(1) of that Act (acquisition by natural father by agreement of such responsibilties and rights), or, if he has such an intention, that no agreement under that subsection is likely to be made. " ; and

(d) at the end add--

" (9) Where a court making an order under this section in relation to a child who is subject to a supervision requirement is satisfied that, in consequence of its doing so, compulsory measures of supervision in respect of the child are no longer necessary, it may determine that the child shall forthwith cease to be subject to that requirement. " .

12 In section 19 (progress reports)--

(a) in subsection (1)--

(i) for the words "("the former parent")" substitute "(in this section and in section 20 referred to as the "relevant parent")"; and

(ii) for the words "did not do so" substitute-- " either--

(a) did not do so; or

(b) having done so, subsequently by written notice under this subsection to the adoption agency to which the parental responsibilities and parental rights have been transferred, has withdrawn such declaration. " ;

(b) in subsection (2)--

(i) for the words "in which the parental rights and duties were vested" substitute "to which the parental responsibilities and parental rights were transferred"; and

(ii) for the word "former", in both places where it occurs, substitute "relevant";

(i) for the word "former", wherever it occurs, substitute "relevant"; and

(ii) for the words "have his home with a person with whom he has been placed for adoption" substitute "be placed with a person with a view to his being adopted by that person"; and

(d) in subsection (4)--

(i) for the words "the former" substitute "the relevant";

(ii) after paragraph (b) add-- " but a declaration under this subsection may be withdrawn in the same way as may a declaration under subsection (6) of section 18, in which event the agency shall no longer be so released " ; and

(iii) for the words "that former" substitute "that relevant".

13 In section 20 (revocation of order under section 18)--

(a) in subsection (1)--

(i) for the word "former" substitute "relevant"; and

(ii) for the words "rights and duties" substitute "responsibilities and parental rights";

(b) after subsection (1) insert--

" (1A) The adoption agency, at any time after the making of the order under section 18 when the conditions mentioned in paragraphs (a) and (b) of subsection (1) above are satisfied, may apply to the court which made the order for a further order revoking it. " ;

(i) for the words "the application" substitute "an application under subsection (1) or (1A)"; and

(ii) for the words "rights and duties" substitute "responsibilities and parental rights";

(d) for subsection (3) substitute--

" (3) Where an order freeing a child for adoption is revoked under this section, the court shall, by an order under section 11 of the Children (Scotland) Act 1995 determine on whom are to be imposed the parental responsibilities, and to whom are to be given the parental rights, in relation to the child. " ;

(e) in subsection (4)--

(i) for the words "if the application" substitute "if an application under subsection (1)"; and

(ii) in paragraph (a), for the word "former" substitute "relevant"; and

(f) in subsection (5), for the word "former" substitute "relevant".

14 In section 21 (variation of order under section 18 so as to substitute one adoption agency for another)--

(a) in subsection (1)--

(i) for the words "rights and duties" substitute "responsibilities and parental rights"; and

(ii) for the words "in which they are vested under" substitute "to which they are transferred by virtue of"; and

(b) in subsection (3)--

(i) for the words "rights and duties" substitute "responsibilities and parental rights"; and

(ii) for the words "vested in" substitute "been transferred to".

15 After section 22 insert--

" 22A Children subject to supervision requirements.

(1) An approved adoption society shall refer the case of a child who is subject to a supervision requirement to the Principal Reporter where it is satisfied that the best interests of the child would be served by its placing the child for adoption and it intends so to place him.

(2) On a case being referred to him under subsection (1), the Principal Reporter shall arrange for a children's hearing to review the supervision requirement in question and shall make any arrangements incidental to that review.

(3) Subsections (9), (13) and (14) of section 73 of the Children (Scotland) Act 1995 (which provide, respectively, for acting on the review of a supervision requirement, a report by a children's hearing and consideration of that report) shall apply in relation to a children's hearing arranged under this section as those subsections apply in relation to one arranged by virtue of subsection (4)(c)(iii) of that section.

(4) In this section "Principal Reporter" has the same meaning as in Part II of the Children (Scotland) Act 1995. " .

16 In section 24 (restrictions on making adoption orders), for subsection (2) substitute--

" (2) The court may make an adoption order in relation to a child even where it is found that the applicants have, as respects the child, contravened section 51.

(3) In considering whether to make an adoption order or an order under section 18(1), the court shall regard the welfare of the child concerned as its paramount consideration and shall not make the order in question unless it considers that it would be better for the child that it should do so than that it should not. " .

17 In section 25(1) (making of interim order and preconditions for so doing)--

(a) for the words "of sections 16(1) and 22(1) are complied with" substitute-- " --

(a) of section 16(1); and

(b) in a case where the child was not placed with the applicant by an adoption agency, of section 22(1),

are complied with " ; and

(b) for the words "vesting the custody of the child in" substitute "giving parental responsibilities and parental rights to".

18 After section 25 insert--

" 25A Timetable for resolving question as to whether agreement to adoption order etc. should be dispensed with.

In proceedings in which the question arises as to whether the court is satisfied as is mentioned in section 16(1)(b)(ii) or 18(1)(b), the court shall, with a view to determining the question without delay--

(a) draw up a timetable specifying periods within which certain steps must be taken in relation to those proceedings; and

(b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to. " .

19 In section 27 (restrictions on removal of a child by a parent or guardian who has agreed to an adoption order or to an order freeing the child for adoption)--

(a) for subsections (1) and (2), substitute--

" (1) Where--

(a) an adoption agency has placed a child with a person with a view to his being adopted by the person; and

(b) the consent of each parent or guardian of the child has been duly obtained to that placement (whether or not in knowledge of the identity of the person),

any such parent or guardian shall not be entitled to remove the child from the care and possession of the person without the leave either of the adoption agency or of the court.

(2) The reference in subsection (1) to consent having been duly obtained is to its having been obtained in accordance with such regulations as may be made by the Secretary of State for the purposes of this section. " ; and

(b) in subsection (3), for the words "contravenes subsection (1) or (2)" substitute "removes a child in contravention of subsection (1)".

20 In section 28 (restriction on removal of child from care and possession of applicant for adoption order etc.)--

(a) in subsection (4), for the words from ", in terms of" to the end substitute "under or by virtue of Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995"; and

(b) in subsection (5), the words "or of a voluntary organisation" and "or the organisation" shall cease to have effect.

21 Sections 32 to 37 (protected children) shall cease to have effect.

22 In section 45(5) (restrictions as to persons to whom information contained in the Adopted Children Register or in certain other registers or books may be provided, including a restriction as to the minimum age which an adopted person must be for it to be provided to him), for the word "17" substitute "16".

23 In section 49(1) (adoption of children abroad), for the words "vesting in him the parental rights and duties relating" substitute "transferring to him the parental responsibilities and parental rights in relation".

24 In section 51 (prohibition on certain payments)--

(a) in subsection (1), after the word "section" insert "and of section 51A(3)";

(b) in subsection (2), for the words "the court may order any child in respect of whom the offence was committed" substitute "without prejudice to any power which the court has to make any other order in relation to the child as respects whom the offence was committed, it may order him";

(i) at the beginning insert "Subject to section 51B,"; and

(ii) at the end add "(including any such payment made by virtue of section 51B)"; and

(d) subsections (6)(a) and (7) to (11) shall cease to have effect.

25 After section 51 insert--

" 51A Adoption allowances schemes

(1) Subject to subsection (2), an adoption agency which is--

(a) a local authority shall, within such period after the coming into force of this section as the Secretary of State may by order direct;

(b) an approved adoption society may,

prepare a scheme (in this section and in section 51B referred to as an "adoption allowances scheme") for the payment by the agency of allowances to any person who has adopted, or intends to adopt, a child in any case where arrangements for the adoption were made, or as the case may be are to be made, by the agency.

(2) The Secretary of State may make regulations as respects adoption allowances schemes; and without prejudice to the generality of this subsection such regulations may in particular make provision as to--

(a) the procedure to be followed by an agency in determining whether a person should be paid an allowance;

(b) the circumstances in which an allowance may be paid;

(d) the procedure for review, variation and termination of allowances;

(e) the information about allowances which is to be supplied by an agency to a person who intends to adopt a child; and

(f) the procedure to be followed by an agency in drawing up, in making alterations to, or in revoking and replacing, an adoption allowances scheme.

(3) Section 51(1) shall not apply to any payment made in accordance with an adoption allowances scheme (including any such payment made by virtue of section 51B).

51B Transitional provisions as respects adoption allowances

After the coming into force of section 51A--

(a) no scheme for the payment of allowances shall be submissible under subsection (5) of section 51; and

(b) a scheme which has been approved under that subsection of that section shall forthwith be revoked under subsection (6)(b) of that section, so however that where a person was before its revocation receiving payments made in accordance with that scheme he may continue to receive payments so made which, had there been no revocation, would have fallen to be made to him or he may agree to receive, instead of the continued payments, payments made in accordance with an adoption allowances scheme. " .

26 In section 58 (curators ad litem and reporting officers), in subsection (2)(c), for the words "rights and duties relating" substitute "responsibilities and parental rights in relation".

27 In section 59(4) (disapplication of provisions regarding rules), for the words ", 11 and 32 to 37" substitute "and 11".

28 In section 60(3) (affirmative procedure for certain orders), the words "or 51(9)" shall cease to have effect.

29 In section 65 (interpretation)--

(a) in subsection (1)--

(i) in the definition of "adoption order", in each of paragraphs (b) and (c), for the words "and 30 to 32" substitute "30 and 31";

(ii) after the definition of "child" insert--

" "compulsory measures of supervision" has the same meaning as in Part II of the Children (Scotland) Act 1995; " ;

(iii) in the definition of "guardian", paragraph (b) shall cease to have effect;

(iv) in the definition of "local authority", the words ", 35(1)" shall cease to have effect;

(v) after the definition of "overseas adoption" insert--

" "parent" means, irrespective of whether or not they are, or have been, married to each other--

(a) the mother of the child, where she has parental responsibilities or parental rights in relation to him;

(b) the father of the child where he has such responsibilities or rights; and

"parental responsibilities" and "parental rights" have the meanings respectively given by sections 1(3) and 2(4) of the Children (Scotland) Act 1995 (analogous expressions being construed accordingly); " ;

(vi) in the definition of "relative" for the words from "and any person" to the end substitute "where he is not a parent within the meaning of this Act, and any person who would be a relative within the meaning of this definition if the father were such a parent;" and

(vii) after the definition of "specified order" insert--

" "supervision requirement" has the same meaning as in Part II of the Children (Scotland) Act 1995; " ;

(b) in subsection (3), for the words "44 of the Social Work (Scotland) Act 1968" substitute "70 of the Children (Scotland) Act 1995"; and

" (6) Any reference in this Act to a child being in, received into or kept in, care (whether or not such care is expressed as being the care of a local authority and except where the context otherwise requires) shall be taken to be a reference to his being looked after by a local authority and shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995; and any reference to the authority in whose care a child is, shall be construed accordingly. " .

Section 105(3).

SCHEDULE 3 Transitional Provisions And Savings

1 Where, immediately before the day appointed for the coming into force of section 25 of this Act, a child is by virtue of section 15 of the 1968 Act (duty of local authority to provide for orphans, deserted children etc.) in the care of a local authority, the child shall on and after that day be treated as if he had been provided with accommodation under (and within the meaning of) subsection (1) of the said section 25.

2 Sections 29 and 30 of this Act shall apply in respect of a person who, at the time when he ceased to be of school age (as defined in section 31 of the [1980 c. 44.] Education (Scotland) Act 1980) or at any subsequent time, was--

(a) in the care of a local authority by virtue of the said section 15 or of section 16 of the 1968 Act (assumption of parental rights and powers); or

(b) subject to a supervision requirement (within the meaning of section 44(1) of the 1968 Act),

as they apply in respect of a person who at such time was looked after (within the meaning of Part II of this Act) by a local authority.

3 Where the parental rights in respect of a child have, by a resolution under the said section 16 or under section 16A of the 1968 Act (duty of local authority in cases of necessity to assume parental rights and powers vested in a voluntary organisation), vested in a local authority and immediately before the day appointed for the coming into force of section 86 of this Act those rights remain so vested, the resolution shall on and after that day have effect as if it were a parental responsibilities order transferring the appropriate parental rights and responsibilities (as defined in subsection (3) of the said section 86) relating to the child to the authority; and any access order made under section 17B of the 1968 Act in relation to the child (with any order made under section 17C of that Act as respects the access order) being (in either case) an order which immediately before that day remains undischarged, shall on and after that day have effect as if it were an order made under section 88(3) of this Act as respects the child.

4 Where the parental rights in respect of a child have, by a resolution under the said section 16, vested in a voluntary organisation (as defined in section 93 of this Act) and immediately before the day mentioned in paragraph 3 above those rights remain so vested, the resolution shall, notwithstanding the repeal by this Act of the said section 16, continue to have effect until one of the following occurs--

(a) the child attains the age of eighteen years;

(b) the resolution is rescinded by the local authority because it appears to them that their doing so would promote the child's welfare;

(d) an order is made by virtue of section 11(2)(b), or under section 86(1), of this Act in relation to the child;

(e) an order is made under section 12 (adoption order) or 18 (order freeing for adoption) of the [1978 c. 21.] 1978 c. 21. Adoption (Scotland) Act 1978 in relation to the child.

5 Where the circumstance by virtue of which a resolution under the said section 16 ceases to have effect is that mentioned in sub-paragraph (c) of paragraph 4 above, the appropriate parental rights and responsibilities (defined as mentioned in paragraph 3 above) in relation to the child shall transfer forthwith to the local authority in whose area he resides; and for the purposes of sections 86(6) and 87 to 89 of this Act the transfer shall be deemed effected by a parental responsibilities order applied for by that authority.

6 While a resolution continues to have effect by virtue of paragraph 4 above, sections 17(3A) and (6) to (10), 17A, 17B, 17D, 17E and 20(3) of the 1968 Act (together with the code of practice last published under subsection (5) of the said section 17E) shall continue to have effect in relation to the child in question notwithstanding the repeal by this Act of those sections.

7 Where an order made under--

(a) section 10 (power of court in actions of divorce etc. to commit care of child to local authority) or 12 (power of court to provide for supervision of child) of the [1958 c. 40.] Matrimonial Proceedings (Children) Act 1958;

(b) section 11 of the [1973 c. 29.] Guardianship Act 1973 (orders relating to care and custody of children); or

(c) section 26 of the [1978 c. 21.] Adoption (Scotland) Act 1978 (provision for supervision or care where adoption order refused),

committed the care of the child to, or as the case may be placed the child under the supervision of, a local authority and immediately before the repeal by this Act of the section in question (the "relevant repeal") that order remained undischarged, the order shall continue to have effect notwithstanding the relevant repeal until one of the following occurs--

(i) the period of six months commencing with the date of the relevant repeal expires;

(ii) the Court of Session direct, or the sheriff directs, that the order be discharged; or

(iii) there is an event in consequence of which, but for the provisions (apart from this paragraph) of this Act, the order would have fallen to be discharged.

8 (1) Where relevant proceedings in relation to a child have been commenced and on the relevant date have not been concluded, the provisions of Part III of the 1968 Act shall continue to apply to those proceedings until the proceedings are concluded, notwithstanding the repeal of any of those provisions by this Act.

(2) For the purposes of this paragraph, "relevant proceedings" means any proceedings at a children's hearing under Part III of the 1968 Act, any application to the sheriff under that Part for a warrant or under section 42(2)(c) of that Act to establish any ground of referral, and any appeal under section 49 or 50 of that Act; and a reference to the commencement, or to the conclusion, of such proceedings shall be construed in accordance with sub-paragraph (3) or, as the case may be, (4) below.

(3) Relevant proceedings are commenced when one of the following occurs--

(a) a children's hearing is arranged under section 37(4) or section 39(3) of the 1968 Act;

(b) an application under section 42(2)(c) of that Act is lodged;

(d) an application under section 50(2) of that Act is made.

(4) Relevant proceedings are concluded when one of the following occurs--

(a) the sheriff discharges the referral under section 42(5) of the 1968 Act;

(b) a children's hearing discharge the referral under section 43(2) of that Act;

(c) the period of three weeks after a children's hearing make a supervision requirement under section 44 of that Act or on remission to them under section 49(5) of that Act, expires provided that no appeal has been lodged within that period against that decision under section 49 of that Act;

(d) subject, as respects a decision under section 49(5)(b) of that Act, to head (c) above, the period of twenty eight days after the sheriff has disposed of an appeal under section 49(4), (5) or (6) of that Act expires provided that no application has been made within that period to him to state a case under section 50(2) of that Act;

(e) the period of twenty eight days after the sheriff has disposed of a case remitted to him under section 50(3) expires provided that no further application under the said section 50(2) has been made.

9 Where a child has been taken to a place of safety, or is being detained in such a place, in accordance with section 37(2) of the 1968 Act before the relevant date, and the first lawful day for the purposes of subsection (4) of that section is on or after that date, the child's case shall be proceeded with as if that day had been before the relevant date.

10 (1) Where on the relevant date a child is subject to a supervision requirement imposed under section 44 of the 1968 Act, he shall be treated as if the requirement had been imposed under section 70 of this Act; and in calculating any period of time for the purposes of section 73 of this Act, that requirement shall be deemed to have been imposed on the day on which the requirement was imposed under the said section 44 or, as the case may be, was last reviewed or varied under the said Act of 1968.

(2) Where any relevant proceedings are concluded as mentioned in paragraph 8(3)(c) above, a supervision requirement imposed under section 44 of the 1968 Act shall have effect as if it were made under section 70 of this Act.

(3) Where before the relevant date, or in any relevant proceedings, the sheriff has in relation to a supervision requirement made an order under section 49(6) of the 1968 Act, that order shall have effect in relation to the supervision requirement deemed to have been made under section 70 of this Act as it would have had effect in relation to the supervision requirement made under section 44 of the 1968 Act.

11 In this Schedule--

"the 1968 Act" means the [1968 c. 49.] Social Work (Scotland) Act 1968;
"the relevant date" means the date on which the repeal of Part III of the 1968 Act by this Act takes effect; and
"relevant proceedings" shall be construed in accordance with paragraph 8(2) above.

Section 105(4).

SCHEDULE 4 Minor and Consequential Amendments

Lands Clauses Consolidation (Scotland) Act 1845 (c. 19)

1 (1) The Lands Clauses Consolidation (Scotland) Act 1845 shall be amended in accordance with this paragraph.

(2) In section 7 (which makes provision for certain persons to have full power to sell and convey land)--

(a) after the word "husbands," insert "persons who, within the meaning of Part I of the Children (Scotland) Act 1995, are entitled to act as the legal representatives of a child,";

(b) after the words "guardians for" the words "persons under a legal disability by reason of nonage" shall cease to have effect; and

(d) after the word "such" where it appears for the sixth time, insert "legal representatives,"; and

(e) after the word "such" where it appears for the seventh time, the words "persons under legal disability by reason of nonage" shall cease to have effect.

(3) In section 67 (certain payments to persons under a disability to be deposited with the Bank)--

(a) after the word "husband," insert "a person who, within the meaning of Part I of the Children (Scotland) Act 1995, is entitled to act as a legal representative of a child"; and

(b) the words "persons under legal disability by reason of nonage" shall cease to have effect.

(4) In section 69 (nomination of trustees to whom certain payments of under £200 may be paid)--

(a) the words "legal disability by reason of nonage" shall cease to have effect; and

(b) after the word "husbands," insert "legal representatives of a child (within the meaning of Part I of the Children (Scotland) Act 1995),".

(5) In section 70 (sums of under £20 to be paid to certain persons), after the word "husbands," insert "legal representatives of a child (within the meaning of Part I of the Children (Scotland) Act 1995),".

Judicial Factors (Scotland) Act 1849 (c. 51)

2 (1) The Judicial Factors (Scotland) Act 1849 shall be amended in accordance with this paragraph.

(2) In section 1 (interpretation), the words from "the word "Guardian"" to "years;" shall cease to have effect.

(3) In section 10 (duty of accountant to supervise judicial factors and others), for the words "guardians and tutors" substitute ", tutors".

(4) Section 25(2) (guardians to be subject to the provisions of the Act), shall cease to have effect.

(5) In section 27 (limitation by court of amount of caution), the words "guardians and" shall cease to have effect.

(6) In section 31 (power of court to remove tutors etc.), the word "guardian" shall cease to have effect.

(7) In section 32 (provisions of the Act not to alter existing powers, rights and duties of offices), the word "guardian," shall cease to have effect.

(8) In section 33 (power of accountant to obtain information from banks), the words "guardians or" shall cease to have effect.

(9) In section 34 (petitions for discharge of office), in both places where it occurs, the word "guardian," shall cease to have effect.

(10) In section 34A (act of sederunt to provide for other forms of discharge), for the words ", death or coming of age" substitute "or death".

(11) In section 36 (records held by accountant to be open to inspection), the word "guardianships," shall cease to have effect.

(12) In section 37 (accumulation of interest on accounts), the word "guardian," shall cease to have effect.

(13) In section 40 (act of sederunt to regulate inter alia application of the Act to offices other than judicial factors), in both places where it occurs, the word "guardians," shall cease to have effect.

Improvement of Land Act 1864 (c. 114)

3 In section 24 of the Improvement of Land Act 1864 (representation of persons under disability in certain applications etc.), for the words from the beginning to "feoffee" where it last occurs substitute "Any person entitled to act as the legal representative of a person under legal disability by reason of non-age or mental incapacity shall be entitled to act on behalf of that person for the purposes of this Act; and any trustee, judicial factor, executor or administrator shall, subject to any other enactment, have the same rights and powers for the purposes of this Act as if the property vested in or administered by him had been vested in him in his own right; but no such legal representative".

Judicial Factors (Scotland) Act 1880 (c. 4)

4 In section 3 of the Judicial Factors (Scotland) Act 1880 (interpretation), in the definition of "judicial factor"--

(a) for the word "absentis," substitute "absentis and"; and

(b) the words from "and" to "required," shall cease to have effect.

Heritable Securities (Scotland) Act 1894 (c. 44)

5 In section 13 of the Heritable Securities (Scotland) Act 1894 (persons to have powers conferred by Act where person subject to legal disability), for the words "and trustees" substitute " and--

(a) any person entitled, within the meaning of Part I of the Children (Scotland) Act 1995, to act as the legal representative of a child; and

(b) trustees " .

Trusts (Scotland) Act 1921 (c. 58)

6 In section 2 of the Trusts (Scotland) Act 1921 (interpretation)--

(a) in the definition of "trustee" the words "(including a father or mother acting as guardian of a child under the age of 16 years)" shall cease to have effect; and

(b) after the definition of "trustee" insert--

" "curator" and "tutor" shall have respectively the meanings assigned to these expressions by section 1 of the Judicial Factors Act 1849;

"guardian" shall not include any person who, within the meaning of Part I of the Children (Scotland) Act 1995, is entitled to act as the legal representative of a child; " .

Children and Young Persons (Scotland) Act 1937 (c. 37)

7 (1) The Children and Young Persons (Scotland) Act 1937 shall be amended in accordance with this paragraph.

(2) In section 12 (cruelty to persons under sixteen)--

(a) in subsection (1), for the words from "has the custody" to "that age" substitute "who has parental responsibilities in relation to a child or to a young person under that age or has charge or care of a child or such a young person,";

(b) in subsection (2)(a), after the words "young person" insert "or the legal guardian of a child or young person"; and

(c) in subsection (4), for the words from "of whom" to "or care" substitute "and he had parental responsibilities in relation to, or charge or care of, that child or young person".

(3) In section 15 (causing or allowing persons under sixteen to be used for begging), in each of subsections (1) and (2), for the words "the custody" substitute "parental responsibilities in relation to, or having".

(4) In section 22 (exposing children under seven to risk of burning), for the words from "having the custody" to "seven years" substitute "and who has parental responsibilities in relation to a child under the age of seven years or charge or care of such a child".

(5) In section 27 (interpretation)--

(a) the first paragraph shall cease to have effect; and

(b) in the second paragraph, for the words "the custody of" substitute "parental responsibilities in relation to".

(6) In section 110(1) (interpretation)--

(a) after the definition of "local authority" insert--

" "parental responsibilities" has the same meaning as in section 1(3) of the Children (Scotland) Act 1995 and includes the responsibilities which a father would have as a parent but for the operation of section 3(1)(b) of that Act; " ;

(b) for the definition of "Place of Safety", substitute

" "place of safety" has the meaning give by section 93(1) of the Children (Scotland) Act 1995; " ; and

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