UNCRC (Incorporation) (Scotland) Act 2024 - part 3: statutory guidance

3. Part 3 of the Act

Part 3 of the Act sets out the following:

• Duties on Scottish Ministers to prepare and publish a Children's Rights Scheme
• Duties on Scottish Ministers to produce Child Rights and Wellbeing Impact Assessments (CRWIAs), in certain circumstances
• Reporting duty of listed authorities (see Chapter 4 of this Guidance for detailed information)
• Reporting duty of the Scottish Parliament
• Amendments made to the Children and Young People (Scotland) Act 2014, including the repeal of the current reporting duties under Part 1 (Rights of Children)

3.1. Children's Rights Scheme

Section 14 (1) of the Act places a duty on Scottish Ministers to make, review and report on a Children's Rights Scheme ('the Scheme').

The Scheme is an important part of the framework of the UNCRC Act's requirements to provide regular consideration and scrutiny of the steps which Ministers must take to ensure that children's rights are realised in practice and deliver improved outcomes for all children in Scotland.

With the Scheme, the Scottish Government seeks firstly to promote a proactive culture of everyday accountability for children's rights, and secondly to establish a transparent mechanism for how children's rights are embedded by Scottish Ministers.

3.2. Child Rights and Wellbeing Impact Assessments

As set out in section 14 (3)(i) of the Act, the Children's Rights Scheme must include arrangements that are in place, or are to be put in place by Scottish Ministers to prepare and publish CRWIAs (defined in section 17(1) of the Act) in certain circumstances. There is no obligation within the Act on anyone other than Scottish Ministers to undertake CRWIAs, therefore, public authorities and other bodies have discretion over whether they choose to do so as part of their child rights based practice. Further information and resources to support organisations wishing to undertake a CRWIA can be found in section 4.2.1 on decision-making in non-statutory guidance on taking a children's human rights approach.

3.3. Reporting duty of the Scottish Parliament

Section 21 of the Act also places a duty on the Scottish Parliamentary Corporate Body to publish a report that covers the actions taken by the Parliament and its committees to secure better or further effect of the rights of children during the period covered by the report, and the actions they intend to take to secure better or further effect of the rights of children during the next period.

The Scottish Parliamentary Corporate Body must publish its report in such a manner as it considers appropriate and the main report must be accompanied by a version of the report that children can understand.

3.4. Reporting duty of listed authorities

Section 18 of the UNCRC (Implementation) (Scotland) Act 2024 will replace section 2 of the Children and Young People (Scotland) Act 2014^[1] with a new child rights reporting duty for listed public authorities. This includes a new duty to submit reports to Scottish Ministers. Both the standard report and a child friendly version must be submitted.

The required content of the reports is set out in section 18(1) of the Act. This creates the requirement for listed public authorities to produce a children's rights report every three years which addresses the following four areas:.

1. action taken in the previous reporting period to ensure compatibility with UNCRC requirements

2. action taken to deliver better or further effect to children's rights

3. actions that will be taken in the next 3 year reporting period to ensure continuing compatibility with UNCRC requirements

4. actions planned to secure better or further effect to children's rights

Section 19(1) of the Act details the listed authorities subject to the duties in section 18(1). The Scottish Ministers may by regulation modify section 19(1) by (a) adding a public authority or a description of public authorities as a listed authority (or authorities), (b) removing a listed authority (or authorities), or (c) amending an entry for a listed authority (or authorities). Scottish Ministers must consult the public authority or authorities concerned, and such other persons as they consider appropriate.

3.5. Consequential amendments to the Children and Young People (Scotland) Act 2014

The Act repeals Part 1 (Rights of Children) and Schedule 1 of the Children and Young People (Scotland) Act 2014 that creates and defines reporting duties in relation to the UNCRC.