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Under the Children’s Hearings (Scotland) Act 2011, board members of Children’s Hearings Scotland are appointed through a public appointments process regulated by the Ethical Standards Commissioner (ESC). Appointments are typically made for a standard term of up to four years, with the possibility of reappointment for up to four more years. Where the legislation governing the body allows, and the ESC and the appointing minister are content, short-term extensions beyond the 8 years, such as the one specified here, can also be granted in exceptional circumstances. This is highlighted in The Code of Practice, under Section H.2:

In exceptional circumstances, the Scottish Ministers may make appropriate appointments (including reappointments or extensions), with the agreement of the Commissioner, to ensure the effective continuing governance of boards.

Due to a delay in the appointment process for new board members, an existing member of the Board had their appointment extended. This process was managed by the Scottish Government, with the agreement of CHS.

The news release announcing this extension states that it was regulated by the Ethical Standards Commissioner, and can be accessed publicly here: https://www.gov.scot/publications/public-appointment-member-appointment-extended-on-the-childrens-hearings-scotland-board/

In the event of Scotland becoming an independent country, decisions about membership of international organisations or groupings of countries would be a matter for the government of the time, elected by the people of Scotland.

I refer the member to a meeting of the Equalities, Human Rights and Civil Justice Committee on 24 June 2025 on unimplemented legislation, including the Children (Scotland) Act 2020, where the Scottish Government provided an update on implementation of the register of child welfare reporters and child advocacy services in contact and residence cases: Official Report (columns 10 to 14).

We recognise the importance of section 21 of the 2020 Act and the need to ensure child advocacy is available to children in contact and residence cases. However, we are not in a position to implement this provision until other areas of implementation work (e.g. child contact services regulation and child welfare reporters) are further advanced. Therefore, we have not yet commenced section 21, but we will gather views of key bodies on what they would like to see in this area.

There have been four meetings of the working group on child welfare reporters to date with a focus on looking at what changes can be made to the system and how we will establish the register. We plan to publish minutes from those meetings in due course.

I refer the member to the recent meetings of the Equalities, Human Rights and Civil Justice Committee on unimplemented legislation, including the Children (Scotland) Act 2020 (the 2020 Act), where updates on implementation of the Act were discussed – on 10 December 2024 [see Official Report columns 11 to 15] and 24 June 2025 [see Official Report columns 10 to 14].

The Scottish Government letter to the Committee on 11 March 2025 sets out the position on commencement and implementation of key provisions of the 2020 Act: Letter from the Minister for Victims and Community Safety.

Since that letter we have made a further set of commencement regulations: The Children (Scotland) Act 2020 (Commencement No. 3 and Saving Provision) Regulations 2025 relating to section 1(2), on the views of the child being considered when parents are making major decisions; and section 30(1), (3), (4), (5), (6) and (7), on delay in children’s hearings and adoption and permanence proceedings.

A number of other provisions are already in force or have already been commenced for certain purposes:

?The Children (Scotland) Act 2020 (Commencement No. 1 and Saving Provisions) Regulations 2020

?The Children (Scotland) Act 2020 (Commencement No. 2) Regulations 2021

We plan to make a further set of commencement regulations in October 2025 of provisions set out in the letter to Committee. This commitment was made at the meeting of the Committee on unimplemented legislation on 24 June 2025.

Sections 4, 5, 7 and 8 of the 2020 Act are considerably amended by provisions in Part 3 of the Victims, Witnesses, and Justice Reform Bill, therefore commencement of those sections will follow enactment of the Bill. In addition, since we intend to regulate child contact services using powers in the Public Services Reform (Scotland) Act 2010, we won’t commence further provisions in section 10 of the 2020 Act at this time.

Yes. Section 30(1), (3), (4), (5), (6) and (7) of the Children (Scotland) Act 2020 came into force on 22 June 2025 as set out in:

The Children (Scotland) Act 2020 (Commencement No. 3 and Saving Provision) Regulations 2025.

Section 30(1), (3), (4), (5), (6) and (7) of the Children (Scotland) Act 2020, on delay in children’s hearings and adoption and permanence proceedings, came into force on 22 June 2025:

The Children (Scotland) Act 2020 (Commencement No. 3 and Saving Provision) Regulations 2025.

Section 30(2), relating to delay in cases under section 11 of the Children (Scotland) Act 1995 (e.g. contact and residence) is not yet in force. It will be included in the next set of commencement regulations planned for October 2025. Since it is linked to the commencement of other provisions where there will be operational implications, there will be a 12 month lead-in period before the provisions in the next set of commencement regulations will come into force.

I refer the member to a meeting of the Equalities, Human Rights and Civil Justice Committee on unimplemented legislation (including the 2020 Act) on 24 June 2025 regarding this commitment: Official Report (see columns 10 to 14).

There has been no formal assessment of how many children have been affected by delays in implementation of the Children (Scotland) Act 2020, but the Scottish Government recognises the need to implement the Act to ensure the best interests of children are at the centre of any family proceedings.

The Scottish Government remains committed to implementing the Act, and I refer the member to the recent meetings of the Equalities, Human Rights and Civil Justice Committee on unimplemented legislation where further commencement and implementation of the 2020 Act was discussed – on 10 December 2024 [see Official Report columns 11 to 15] and 24 June 2025 [see Official Report columns 10 to 14].

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).