Children's services planning: guidance

Section 7: Introductory - Statutory Guidance

35. The purpose of section 7(1) is to define the terms “children’s service”, “related service” and “relevant health board”, and explain which organisations are covered by the term “other service provider”. Section 7(3) provides Scottish Ministers with powers to specify services which are to be included in, or excluded from, the definitions of “children’s service” or “related service”. It also provides Scottish Ministers with powers to specify matters in relation to services falling within the definitions of “children’s service” and “related service” which are to be considered to be included within or excluded from those services.  Section 7(5) provides Scottish Ministers with powers to modify the definition of “other service provider” by adding a person or a description of persons; removing an entry listed in it; or varying an entry listed in it. Finally, section 7(6) provides that functions conferred, by Part 3, on a local authority and the relevant health board, must be exercised by those organisations jointly.  

36. A list of the definition of terms used in Part 3 can be found in Appendix D.

Modifications

37. Section 7(3) allows for Scottish Ministers to, through secondary legislation, specify which services must be included within or excluded from the definition of “children’s services” and “related services”. Scottish Ministers also have the power to specify certain aspects (“matters”) of a service which should be included or excluded. However, before taking such steps, Scottish Ministers must (under section 7(4)) consult every health board and local authority, and if the service concerned is provided by an “other service provider”, that organisation or person. At the time of writing, this power has not been exercised.

38. Section 7(5) provides Scottish Ministers with the power to, through secondary legislation, modify the definition of “other service provider”, by adding a person or “description of persons” (e.g. an organisation), removing an entry or varying an existing entry. Again, at the time of writing, this power has not been exercised.

Joint responsibility

39. Section 7(6) states that a function conferred on a local authority and relevant health board by Part 3 is a function which must be exercised jointly by these two organisations. In other words, a local authority and the relevant health board are considered to be jointly and equally responsible for children’s services planning and reporting.