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Named person orders laid before Parliament 31/08/2016 Orders preventing the commencement of the named person provision of the Children and Young People (Scotland) Act 2014, for now, have been laid before Parliament

Named person orders laid before Parliament

Deputy First Minister John Swinney last week confirmed that the Scottish Government would not commence the named person provisions of the Children and Young People (Scotland) Act 2014 on 31st August, pending changes to the Act following the UK Supreme Court judgment on the some of the provisions last month.

In order to stop the commencement of the relevant parts of the 2014 Act, an order had to be laid before the Scottish Parliament. In addition, the other secondary legislation that implements parts 4 and 5 (the Named Persons Order, Child’s Plan Order and the Complaints Order) required to be revoked. The necessary orders were formally laid before Parliament last week.

"In its judgment last month, the Supreme Court dismissed a number of challenges to the named person policy and described its aims as 'unquestionably legitimate and benign'. However, the court’s ruling made clear the Scottish Government needs to amend the information-sharing provisions in the 2014 Act and provide greater clarity about the basis on which information will be shared to ensure compliance with the ECHR,” explained Mr Swinney at the time.

"I confirmed earlier this month that the Scottish Government is therefore not commencing the named person provisions of the Children and Young People (Scotland) Act 2014 on 31st August, and Ministers have today lodged the necessary order to address this point,” he added. "We remain firmly committed to implementing the named person service to support children and their families. We will engage with key partners across public services, the third sector, Parliament and the wider public to take this forward.”

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