Scotland Act 1998

Exceptions from reservation

This provides for the subject-matter of following enactments which might otherwise fall within the reservation, but which relate to devolved matters, to be excepted from the reservation:

(a)

Part II of the Social Work (Scotland) Act 1968, which provides for the promotion of social welfare by local authorities.  This includes provision in exceptional circumstances for payments to persons in need and other social welfare services such as the provision of home-help and residential nursing accommodation;

(b)

section 2 of the Chronically Sick and Disabled Persons Act 1970, which relates to the provision of various welfare services by local authorities to persons resident in their area;

(c)

section 50 of the Children Act 1975, which gives local authorities the power to make payments towards maintenance for children;

(d)

section 15 of the Enterprise and New Towns (Scotland) Act 1990 (industrial injuries benefit), which deals with payments to persons undergoing training who have injured themselves at work; and

(e)

sections 22, 29 and 30 of the Children (Scotland) Act 1995, which provide for payments to be made or other assistance to be provided to children or their families.  Section 22 imposes a duty on local authorities to safeguard and promote the welfare of children who are in need by providing a range and level of services appropriate to their needs.  In exceptional circumstances cash payments can be made.  Section 29 imposes a duty on local authorities to assist young persons, who they formerly looked after, at school leaving age or subsequently through the provision of advice or other assistance including financial assistance.  Section 30 authorises local authorities to give financial assistance to such young persons to meet the cost of education and training.