Guidance on Part 1, Section 2 (Duties of Public Authorities in relation to the UNCRC) of the Children and Young People (Scotland) Act 2014

Scottish Government Role/Responsibilities

List of public authorities covered by the duties of Part 1, section 2

129. Section 3(2)(a)(b) and (c) enables Scottish Ministers by secondary legislation to use Order making powers to add, remove or vary the list of persons and organisations listed in schedule 1 of the 2014 Act and who are thereby covered by the duty in Part 1, section 2.

130. At the time of the publication of this guidance, the Scottish Government, following discussion with stakeholders, has decided not to exercise this power at present. It is felt that the list of persons and organisations in schedule 1 is comprehensive and sufficiently covers all the necessary and relevant public bodies that need to be engaged in the process of promoting and enacting children's rights in Scotland.

Scottish Government's interaction with authorities' reports

131. It is the intention of Scottish Government that the Children's Rights Reports are made public. Authorities are not required to submit reports to Government directly.

132. Scrutiny of, observation and comment on the reports is intended to come from children and young people themselves, families, practitioners, the wider community, public bodies and civic society. Public authorities may find it helpful to give consideration on how, or if, they intend to respond formally and publicly to such scrutiny.

133. Scottish Ministers will continue to contribute to the UK Report to the UN Committee on the Rights of the Child as well as publishing their own separate report under Part 1. As part of the process of utilising evidence from different sources, the Scottish Government may cite and illustrate activity within Scotland by reference to the reports prepared by authorities, within both their own report and in their submission to the UK Report. Permission will be sought for specific mentions of activity relating to an authority and with full acknowledgment of their role.