Chamber and committees

The Scottish Government is committed to implementing the Children (Scotland) Act 2020 and ensuring that Scottish Ministers are complying with their duties under the Act. The Act covers a wide range of areas, many of which involve complex implementation activity. On that basis, the Scottish Government has approached the commencement of provisions in the Act - and the duties on Scottish Ministers in those provisions - in stages.

A number of provisions are already in force: The Children (Scotland) Act 2020 (Commencement No. 1 and Saving Provisions) Regulations 2020.

• Section 13: promotion of contact between looked after children and siblings
• Section 14: duty to consider contact when making etc. compulsory supervision order
• Section 15: clarification of order-making power
• Section 23: funding for alternative dispute resolution (commenced to allow Scottish Ministers to make reports on progress with implementation)
• Section 24: pilot of mandatory information meetings on alternatives to court (commenced to allow Scottish Ministers to make reports on progress with implementation)
• Section 25: opportunity to participate in hearing
• Section 26: appeal against relevant person decision
• Sections 32, 33, 34, 35: final provisions

Sections 23 and 24 are not yet implemented for remaining purposes, but six progress reports on have been laid in the Scottish Parliament to date.

A number of provisions have been commenced for certain purposes in The Children (Scotland) Act 2020 (Commencement No. 2) Regulations 2021:

• Section 7(3) and (4): register of solicitors where person prohibited from conducting their own case [superseded by Part 3 of the Victims, Witnesses and Justice Reform Bill]
• Section 9: register of child welfare reporters – for purposes of making regulations
• Section 10(1) and (3): regulation of child contact services
• Section 17(1) and (3): register of curators ad litem – for purposes of making regulations

In terms of the duties contained in those provisions:

• Section 7 will be repealed and replaced by provisions in Part 3 of the Victims, Witnesses, and Justice Reform Bill and will be implemented following enactment of the Bill.
• An update on timings in relation to section 9 of the 2020 Act was provided to the Equalities, Human Rights and Civil Justice Committee on 24 June 2025 [see below]. Implementation of the register of curators ad litem under section 17 will be carried out at the same time.
• Scottish Ministers plan to lay secondary legislation to regulate child contact services in the coming weeks, but intend to use powers in the Public Services Reform (Scotland) Act 2010, rather than section 10 of the 2020 Act.

We made a further set of commencement Regulations on 22 May 2025: The Children (Scotland) Act 2020 (Commencement No. 3 and Saving Provision) Regulations 2025 covering:

• Section 1(2): on the views of the child being considered when parents are making major decisions.
• Section 30(1), (3), (4), (5), (6) and (7): on delay in children’s hearings and adoption and permanence proceedings.

We plan to make a further set of commencement Regulations in October 2025 as committed to at a meeting of the Committee on unimplemented legislation on 24 June 2025: Official Report (see columns 10 to 14).