Commentary on Sections Wellbeing Section 95 – Consideration of wellbeing in exercising certain functions
282.This section inserts a new section 23A after section 23 of the Children (Scotland) Act 1995.
283.Subsection (1) of the new section 23A applies where a local authority is exercising a function under or by the virtue of section 17, 22 or 26A of the 1995 Act.
284.Subsection (2) provides that the local authority must have regard to the general principle that their functions in relation to children and young people should be exercised in a way which is designed to promote, safeguard and support their wellbeing.
285.Subsection (3) provides that for the purposes of the previous subsection the local authority is to assess the wellbeing of a child or young person by referring to the extent to which the wellbeing indicators in section 96(2) are or would be satisfied in relation to them.
286.Subsection (4) provides that a local authority is to have regard to the guidance issued under section 96(3) of the Children and Young People (Scotland) Act 2014 when assessing the wellbeing of the child or young person.
287.Subsection (5) defines “the 2014 Act” as the Children and Young People (Scotland) Act 2014.