Commentary on Sections Part 3 – Children’s Services Planning Section 7 – Introductory
24.Subsections (1) and (2) are interpretation subsections for this Part. Subsection (1) defines the terms “children’s service” and “related service” and who are “other service providers” and “relevant health boards” for the purposes of Part 3. Subsection (2) defines the persons who may provide a “children’s service” or a “related service” as being local authorities, relevant health boards, any other service provider and the Scottish Ministers (but only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989) i.e. when they are providing children’s or related services through the medium of the Scottish Prison Service.
25.Subsections (3) and (4) provide that the Scottish Ministers may, by order, specify the services which are to be included within, or excluded from, the definition of children’s services or related services for the purposes of this Part. They may also specify matters in relation to those services. Before making such an order the Scottish Ministers must consult with each health board, local authority and where the service is provided by another service provider, that person.
26.Subsection (5) provides that the Scottish Ministers may, by order, modify the definition of “other service provider” in subsection (1) by adding a person, removing an entry or varying an entry.
27.This Part confers certain functions on “a local authority and the relevant health board”. Subsection (6) provides that those are joint functions (i.e. functions that are to be exercised by those persons together).