Commissioner for Children and Young People (Scotland) Act 2003
| Jurisdiction | Scotland |
| Citation | 2003 asp 17 |
(1) There is to be a Commissioner for Children and Young People in Scotland.(2) Schedule 1 makes further provision about the Commissioner.(1) The Commissioner is to be an individual appointed by Her Majesty on the nomination of the Parliament.a member of the Parliament;a member of the House of Commons; ora member of the European Parliament.(3) The Commissioner is to be appointed for such period, not exceeding F8eight years, as the Parliamentary corporation may determine.(4) A person who has been appointed Commissioner is ineligible for re-appointment at any time.the Commissioner so requests; orsubsection (2) applies.the Parliamentary corporation is satisfied that the Commissioner has breached the terms and conditions of appointment and the Parliament resolves that the Commissioner should be removed from office for that breach, orthe Parliament resolves that it has lost confidence in the Commissioner's willingness, suitability or ability to perform the functions of the Commissioner,(1) The general function of the Commissioner is to promote and safeguard the rights of children and young people.promote awareness and understanding of the rights of children and young people;keep under review the law, policy and practice relating to the rights of children and young people with a view to assessing the adequacy and effectiveness of such law, policy and practice;promote best practice by service providers; andpromote, commission, undertake and publish research on matters relating to the rights of children and young people.(1) In exercising functions under this Act, the Commissioner must comply with subsections (2) to (4) .(2) The Commissioner must have regard to any relevant provisions of the United Nations Convention on the Rights of the Child.regard, and encourage others to regard, the best interests of children and young people as a primary consideration; andhave regard to, and encourage others to have regard to, the views of children and young people on all matters affecting them, due allowance being made for age and maturity.(4) The Commissioner must act in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunity requirements.(1) The Commissioner must encourage the involvement of children and young people in the work of the Commissioner.the functions of the Commissioner;the ways in which they may communicate with the Commissioner; andthe ways in which the Commissioner may respond to any issues which they raise;consult children and young people on the work to be undertaken by the Commissioner; andconsult organisations working with and for children and young people on the work to be undertaken by the Commissioner.(3) In carrying out the duties under subsections (1) and (2) the Commissioner must pay particular attention to groups of children and young people who do not have other adequate means by which they can make their views known.(4) The Commissioner must prepare and keep under review a strategy for involving children and young people in the work of the Commissioner in accordance with this section.whether, by what means and to what extent a service provider has regard to the rights, interests and views of children and young people in making decisions or taking actions that affect those children and young people (such an investigation being called a “general investigation”) ;whether, by what means and to what extent a service provider had regard to the rights, interests and views of a child or young person in making a decision or taking an action that affected that child or young person (such an investigation being called an “individual investigation”) .children and young people generally; orparticular groups of children and young people.(2A) The Commissioner may carry out an investigation only if the Commissioner, having considered the available evidence on, and any information received about, the matter, is satisfied on reasonable grounds that the investigation would not duplicate work that is properly the function of another person.if it would relate to a reserved matter;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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