Children (Scotland) Act 1995

105 Extent, short title, minor and consequential amendments, repeals and commencement.U.K.

(1)This Act, which subject to subsections (8) to (10) below extends to Scotland only—

(a)may be cited as the Children (Scotland) Act 1995; and

(b)except for subsections (1), (2) and (6) to (10) of this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint;

and different days may be appointed under paragraph (b) above for different purposes.

(2)An order under subsection (1)(b) above may contain such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.

(3)The transitional provisions and savings contained in Schedule 3 to this Act shall have effect but are without prejudice to sections 16 and 17 of the M1Interpretation Act 1978 (effect of repeals).

(4)Schedule 4 to this Act, which contains minor amendments and amendments consequential upon the provisions of this Act, shall have effect.

(5)The enactments mentioned in Schedule 5 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

(6)The Secretary of State may by order made by statutory instrument make such further amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.

(7)A statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Sections 18, 26(2), 33, 44, F1F2..., 93 and 104 of this Act and this section extend to England and Wales, and those sections and this section F2... also extend to Northern Ireland; but—

(a)subsection (4) of this section so extends—

(i)to England and Wales, only in so far as it relates to paragraphs 8, 10, 19, 31, 37, 41(1), (2) and (7) to (9), 48 to 52, 54 and 55 of Schedule 4; and

(ii)to Northern Ireland, only in so far as it relates to paragraphs 31, 37, 41(1), (2) and (7) to (9), 54, 55 and 58 of that Schedule; and

(b)subsection (5) of this section so extends—

(i)to England and Wales, only in so far as it relates to the entries in Schedule 5 in respect of Part V of the M2Social Work (Scotland) Act 1968, the M3Maintenance Orders (Reciprocal Enforcement) Act 1972, section 35(4)(c) of the M4Family Law Act 1986, the M5Children Act 1989, the M6Child Support Act 1991 and the M7Education Act 1993; and

(ii)to Northern Ireland, only in so far as it relates to the entries in that Schedule in respect of Part V of the Social Work (Scotland) Act 1968, the Maintenance Orders (Reciprocal Enforcement) Act 1972 and section 35(4)(c) of the Family Law Act 1986.

(9)This section, so far as it relates to the repeal of Part V of the Social Work (Scotland) 1968, also extends to the Channel Islands.

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