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SPICe briefings Date published: 6 November 2019

Homelessness in Scotland - Policy discussion - Scottish Government priorities

Some local authorities face restrictions in expanding the supply of private rented sector accommodation, particularly in areas where there are high levels of holiday lets. Rents in the private rented sector tend to be higher than in the social rented sector which may leave tenants who are working, or seeking work, in a 'benefits trap' where they are financi...
Last updated: 10 June 2024

Age of Criminal Responsibility Scotland Bill as Passed

C HAPTER 5 G ENERAL PROVISION 59 Wellbeing of child 20 (1) This section applies where— (a) a person is— (i) exercising any function conferred by this Part, or (ii) acting in pursuance of an order made or authorisation granted under this Part, 25 (b) under or by virtue of this Part, a court is making a decision about a matter to do with a child. (2) In exercising the function, acting in pursuance of the order or authorisation or, as the case may be, making the decision, the person or court must treat the need to safeguard and promote the wellbeing of the child as a primary consideration. 30 60 Children’s legal aid for proceedings under this Part (1) The Legal Aid (Scotland) Act 1986 is amended as follows. (2) In section 28B (children’s legal aid)— (a) in subsection (2), for “subsection (3)” substitute “subsections (3) and (3A)”, (b) after subsection (3) insert— 35 “(3A) The proceedings are, where regulations under section 28LB are made, proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2018.”. 46 Age of Criminal Responsibility (Scotland) Bill Part 4—Police investigatory and other powers Chapter 5—General provision (3) After section 28LA insert— “28LB Power of Scottish Ministers to provide for children’s legal aid to be available in relation to proceedings under the Age of Criminal Responsibility (Scotland) Act 2018 5 (1) The Scottish Ministers may by regulations modify this Part so as to— (a) provide for children’s legal aid to be available to a child in connection with proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2018, and (b) specify the other persons (if any) to whom children’s legal aid is to be 10 available in connection with such proceedings and appeals. (2) Regulations under subsection (1) may in particular made provision about— (a) the proceedings in relation to which and the circumstances in which children’s legal aid is to be available automatically, (b) the proceedings in relation to which and the circumstances in which 15 children’s legal aid is to be available on application to the Board. (3) Where regulations under subsection (1) include provision as is mentioned in subsection (2)(b), the regulations— (a) must make provision for the conditions as to which the Board is to be satisfied before children’s legal aid is to be made available, 20 (b) may make provision for different conditions to be satisfied in relation to different persons.”. (4) In section 37 (parliamentary procedure for regulations), in subsection (2), after “28LA(1),” insert “28LB(1),”. 61 Additional powers and duties of constables 25 (1) This section applies where a constable— (a) is authorised to take a child to a place of safety and to keep the child there by virtue of section 23, (b) is authorised to carry out a search by an order under section 28, (c) is authorised to carry out an investigative interview of a child by a child interview 30 order, (d) is authorised to question a child by virtue of section 44, (e) is authorised to take relevant physical data or relevant samples from a child— (i) by an order under section 52, or (ii) by virtue of section 57. 35 (2) The authorisation mentioned in subsection (1) includes authorisation to use reasonable force. (3) Subsections (4) to (6) apply where a constable is authorised— (a) to use reasonable force under subsection (2), or Age of Criminal Responsibility (Scotland) Bill 47 Part 4—Police investigatory and other powers Chapter 5—General provision (b) to carry out a search by virtue of section 25 and the enactment under which the search may be carried out authorises the constable to use reasonable force (however expressed). (4) A constable, before deciding to use reasonable force in relation to a child under 12 years 5 of age, must take all reasonable steps to seek and obtain the cooperation of the child. (5) A constable may use reasonable force in relation to a child under 12 years of age only as a last resort. (6) Where a constable resorts to the use of reasonable force in relation to a child under 12 years of age, the constable must— 10 (a) use no more force than is absolutely necessary, and (b) in so far as is reasonably practicable, explain to the child why the constable considers force must be used. 62 Offences (1) A person commits an offence if the person, without reasonable excuse, intentionally— 15 (a) obstructs a person mentioned in subsection (2), or (b) otherwise interferes with a police investigation into an incident in relation to which a constable has reasonable grounds to suspect that a child, while under 12 years of age— (i) by behaving in a violent or dangerous way, has caused or risked causing 20 serious physical harm to another person, or (ii) by behaving in a sexually violent or sexually coercive way, has caused or risked causing harm (whether physical or not) to another person. (2) The person is a constable or other person acting in pursuance of— (a) section 23(2), 25 (b) an order under section 28, (c) a child interview order, (d) authorisation under section 44(2), (e) an order under section 52, (f) authorisation under section 57(1). 30 (3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 63 Interpretation of Part 4 In this Part— “advice, support and assistance” has the meaning given by section 40(6), 35 “chief constable” means the chief constable of the Police Service of Scotland, “child” has the meaning given by section 31(3), “child interview order” means an order under section 34(2), 48 Age of Criminal Responsibility (Scotland) Bill Part 4A—Children’s hearings: consideration of diminished responsibility “child interview rights practitioner” has the meaning given by section 40(7), “intimate sample” has the meaning given by section 49(4), “investigative interview” has the meaning given by section 31(3), “parent” includes guardian and any person who has care of the relevant child, 5 (except where provided otherwise: see section 31A(7)), “place of safety” has the meaning given by section 23(8), “relevant physical data” has the meaning given by section 49(2), “relevant sample” has the meaning given by section 49(3), “relevant senior officer” has the meaning given by section 57(5), 10 “supporter” has the meaning given by section 39(2), “working day” means any day other than a Saturday, a Sunday or a day which, under the Banking...
Last updated: 29 April 2021

20210322LGminute

David McGill thanked colleagues for their efforts during unprecedented times and encouraged them to take leave over the coming recess period. Date of next meeting 14. The next meeting of the LG was scheduled for 29 March 2021.
Last updated: 10 November 2020

Bureau minute 17 March 2020

It was agreed that all papers considered at the meeting should be published. Date of next meeting 11. The next meeting of the Bureau would be at 12 noon on Tuesday 24 March 2020.
Last updated: 13 September 2020

SPCB2004M200220

The SPCB welcomed the work done to date by the International Relations Team in this area and the learning opportunities it presented for MSPs and the organisation.
Last updated: 10 April 2024

Scottish Parliament Peoples Panel reviewing the Climate Change Scotland Act 2009 Report

The Scottish Government needs to support the sharing of stories and create accessible banks of resources, which can inspire action, hope and possibility.
Last updated: 7 March 2023

BB20191211

Supported by: Jackie Baillie, Iain Gray, Monica Lennon, Claire Baker, Elaine Smith, Johann Lamont, Neil Findlay, John Finnie, Mark Griffin R, Colin Smyth, Rhoda Grant, Richard Leonard, Claudia Beamish Wednesday 11 December 2019 21 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Progress of Legislation | Adhartas Reachdais Progress of Legislation A list of all Bills in progress can be accessed via the Scottish Parliament website at: https://www.parliament.scot/parliamentarybusiness/Bills/576.aspx For each Bill, the date...
Last updated: 7 March 2023

BB20191202

Supported by: Jackie Baillie, Iain Gray, Monica Lennon, *Claire Baker Monday 2 December 2019 21 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Progress of Legislation | Adhartas Reachdais Progress of Legislation A list of all Bills in progress can be accessed via the Scottish Parliament website at: https://www.parliament.scot/parliamentarybusiness/Bills/576.aspx For each Bill, the date...
Last updated: 7 March 2023

BB20170508

Monday 8 May 2017 29 Today's Business Future Business Motions & Questions Legislation Other Gnothaichean an-diugh Gnothaichean ri teachd Gluasadan agus Ceistean Reachdas Eile Progress of Legislation | Adhartas Reachdais Progress of Legislation Bills A list of all Bills in progress can be accessed via the Scottish Parliament website at: http://www.scottish.parliament.uk/parliamentarybusiness/Bills/576.aspx For each Bill, the date...
Official Report Meeting date: 24 May 2023

Meeting of the Parliament 24 May 2023

That the Parliament agrees the following parliamentary recess dates under Rule 2.3.1: 10 to 18 February 2024 (inclusive), 30 March to 14 April 2024 (inclusive), 29 June to 31 August 2024 (inclusive),12 October to 27 October 2024 (inclusive), 21 December 2024 to 5 January 2025 (inclusive).

Can't find what you're looking for?

If you're having trouble finding the information you want, please contact [email protected].