Commissioner for Children and Young People (Scotland) Act 2003

The Commissioner for Children and Young People (Scotland) Act 2003 (asp 4) is an Act of the Scottish Parliament that established the office of the Commissioner for Children and Young People in Scotland (often referred to as the Children and Young People's Commissioner Scotland or CYPCS). The Act outlines the Commissioner's duties, powers, and responsibilities in promoting and safeguarding the rights and welfare of children and young people in Scotland.

The primary function of the Commissioner is to promote and safeguard the rights of children and young people, particularly those set out in the United Nations Convention on the Rights of the Child (UNCRC). This includes monitoring the application of the UNCRC in Scotland, providing advice to the Scottish Government and other public bodies, and raising awareness of children's rights amongst the public.

The Act grants the Commissioner various powers to carry out these functions. These powers include the ability to:

• Conduct inquiries into matters affecting the rights or welfare of children and young people.
• Access information from public bodies.
• Make recommendations to public bodies to improve policies and practices affecting children and young people.
• Provide advice and assistance to individual children and young people in certain circumstances.

The Act specifies that the Commissioner must have particular regard to the views and experiences of children and young people themselves when carrying out their duties. The Commissioner is expected to actively engage with children and young people to understand their concerns and perspectives.

The Commissioner is independent of the Scottish Government, ensuring that they can act impartially and in the best interests of children and young people. The Commissioner is accountable to the Scottish Parliament and is required to publish an annual report on their work.

The Act represents a significant commitment to the rights of children and young people in Scotland and provides a mechanism for holding public bodies accountable for upholding those rights.