Territorial Extent and Application Scotland
33.Section 7 and Schedule 1 amend sections 125 to 131 (which have not been commenced) of the Adoption and Children Act 2002, which provide for the establishment of the Adoption and Children Act Register (“the register”). The register contains information about children who are suitable for adoption and for whom the local authority are considering adoption and prospective adopters who are suitable to adopt a child. This section removes Wales and Scotland from the scope of these sections and provides for the establishment of a register that applies in relation to England only.
34.Section 94 gives the Secretary of State the power to make regulations to standardise tobacco packaging if he or she considers that they may contribute to reducing the risk of harm to or promoting the health or welfare of children. The Secretary of State must obtain the consent of the Scottish Ministers before making regulations containing provisions which would be within the legislative competence of that Parliament.
35.Part 6 of the Act (sections 107 to 116) amends Part 1 of the Children Act 2004, to reform the office of Children’s Commissioner. Part 1 of that Act extends to the whole of the UK. The changes made by Part 6 apply to the Commissioner’s role in promoting and protecting the rights of children in Scotland, but only in relation to non-devolved matters.
36.Parts 7, 8 and 9 of the Act (sections 117 to 134) contain amendments to the Employment Rights Act 1996 (ERA) and the Social Security Contributions and Benefits Act 1992 (SSCBA) to make provision for statutory rights to leave and pay, time off work for ante-natal and adoption appointments, and flexible working. The sections relate to reserved matters and extend to Scotland.