Social Work (Scotland) Act 1968

1968 CHAPTER 49

An Act to make further provision for promoting social welfare in Scotland; to consolidate with amendments certain enactments relating to the care and protection of children; to amend the law relating to the supervision and care of persons put on probation or released from prison etc.; to restrict the prosecution of children for offences; to establish children’s panels to provide children’s hearings in the case of children requiring compulsory measures of care; and for purposes connected with the aforesaid matters.

[26th July 1968]

Modifications etc. (not altering text)

C1 Act modified (1.6.1996) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 21(4)(b); S.I. 1996/1173, art. 2

Act: certain functions transferred (1.4.1996) by 1994 c. 39, s. 127(1) (with s. 128); S.I. 1996/323, art. 4(1)(a), Sch. 1

C2 By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C3 Act: power to modify conferred (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 33(5)(a) (with ss. 99, 103(1)); S.I. 1996/3201, art. 3(1)(7) (which art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Act: power to modify conferred (S.) (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. {5(2)}, 27(2)

Part I S Administration

Performance of their duties by local authorities S

1 Local authorities for the administration of the Act. S

(1) It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act [F1 or Part II of the Children (Scotland) Act 1995] with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.

(2) The local authorities for the purposes of this Act shall be [F2 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) The functions of local health authorities in respect of their areas under the following enactments—

(a )F4 . . .

(b) the [F5 Mental Health (Scotland) Act 1984] . . . F6 ; F7 . . .

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are hereby transferred to the local authorities of those areas.

(5) On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 Words in s. 1(1) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(2) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F2 Words in s. 1(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(2); S.I. 1996/323, art. 4(1)(b)(c)

F3 S. 1(3)(6) repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29

F4 S. 1(4)(a)repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7) Sch. 15; S.I. 1991/828, art. 3(2)

F5 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 14

F6 Words repealed by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:2), Sch. 7 Pt. II

F7 Word repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F8 S. 1(4)(c) repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F9 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F9 S. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

[F10 3 F10 Chief social work officer. S

(1) For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.

(2) The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.]

Textual Amendments

F10 S. 3 substituted (1.4.1996) by 1994 c. 39, s. 45; S.I. 1996/323, art. 4(1)(a), Sch. 1

4 Provisions relating to performance of functions by local authorities. S

Where a function is assigned to a local authority under this Act [F11 or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984 [F12 or Part II of the Children (Scotland) Act 1995],] and a voluntary organisation or other person, including another local authority, is able to assist in the performance of that function, the local authority may make arrangements with such an organisation or other person for the provision of such assistance as aforesaid.

Textual Amendments

F11 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 9 para. 10(3)

F12 Words in s. 4 inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(3) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Central Authority S

5 Powers of Secretary of State. S

(1) Local authorities shall perform their functions under this Act [F13 and Part II of the Children (Scotland) Act 1995]under the general guidance of the Secretary of State.

[F14 (1A) Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in [F15 subsection (1B) below]; and a local authority shall comply with any direction made under this subsection.]

[F16 (1B) The enactments referred to in subsection (1A) above are—

(a) this Act as read with sections 1 and 2(1) of the M1 Chronically Sick and Disabled Persons Act 1970 and the M2 Disabled Persons (Services, Consultation and Representation) Act 1986;

(b) Part IV of the M3 Children and Young Persons (Scotland) Act 1937;

(c) section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the M4 National Assistance Act 1948;

(d) the Disabled Persons (Employment) Act 1958;

(e) sections 10 to 12 of the M5 Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the M6 Guardianship Act 1973;

[F17 (f) section 51 of the Criminal Procedure (Scotland) Act 1995;]

(g) the Children Act 1975;

(h) the Adoption Act 1976;

(i) the Adoption (Scotland) Act 1978;

(j) sections 21 to 23 of the M7 Health and Social Services and Social Security Adjudications Act 1983;

(k) the Mental Health (Scotland) Act 1984;

(l) the Foster Children (Scotland) Act 1984;

(m) sections 38(b) and 235 of the M8 Housing (Scotland) Act 1987;

(n) the Access to Personal Files Act 1987; F18 . . .

(o) section 19 and Part X of the M9 Children Act 1989 [F19 ; and

(p) Part II of the Children (Scotland) Act 1995.]]

[F20 (2) The Secretary of State may make regulations in relation to—

(a) the performance of the functions assigned to local authorities by this Act;

(b) the activities of voluntary organisations in so far as those activities are concerned with the like purposes;

[F21 (c) the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) [F22 , (o) and (p)]of subsection (1B) above]

(d) . . ..]

[F23 (3) Without prejudice to the generality of subsection (2) above, regulations under this section may make such provision as is mentioned in subsection (4) of this section as regards—

(a) the boarding out of persons other than children by local authorities and voluntary organisations, whether under any enactment or otherwise; and

(b) the placing of children under paragraph (a), or the making of arrangements in respect of children under paragraph (c), of section 26(1) of the Children (Scotland) Act 1995, by local authorities.

(4) The provision referred to in subsection (3) of this section is—

(a) for the recording—

(i) by local authorities and voluntary organisations, of information relating to those with whom persons are so boarded out, or who are willing to have persons so boarded out with them; and

(ii) by local authorities, of information relating to those with whom children are so placed or with whom such arrangements are made or who are willing to have children so placed with them or to enter into such arrangements;

(b) for securing that—

(i) persons are not so boarded out in any household unless it is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations; and

(ii) children are not so placed or, in accordance with such arrangements, provided with accommodation, in any household unless it is for the time being approved by the local authority placing the child or as the case may be making the arrangements;

(c) for securing that, where possible, the person with whom a child is so placed or with whom such arrangements are made is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that persuasion;

(d) for securing—

(i) that a person who is, and the place in which he is, so boarded out by a local authority or voluntary organisation is supervised and inspected by that authority or organisation; and

(ii) that a child who is, and the place in which he is, so placed or, in accordance with such arrangements, provided with accommodation, by a local authority is supervised and inspected by that authority,

and that he shall be removed from the place in question if his welfare appears to require it.

(5) In subsections (3) and (4) of this section, “child” has the same meaning as in Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995.]

Textual Amendments

F13 Words in s. 5(1) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F14 S. 5(1A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 51

F15 Words in s. 5(1A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(a); S.I. 1996/323, art. 4(1)(b)(c)

F16 S. 5(1B) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(b); S.I. 1996/323, art. 4(1)(b)(c)

F17 S. 5(1B)(f) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(2)

F18 Word in s. 5(1B) before para. (o) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(b)(i), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) and said word expressed to be repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (subject to arts. 3-13)

F19 S. 5(1B)(p) and the preceding “and” added (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(b)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F20 S. 5(2) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 49

F21 S. 5(2)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(c); S.I. 1996/323, art. 4(1)(b)(c)

F22 Words in s. 5(2)(c) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F23 S. 5(3)-(5) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) for s. 5(3) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Marginal Citations

M1 1970 c. 44.

M2 1986 c. 33.

M3 1937 c. 37.

M4 1948 c. 29.

M5 1958 c. 40.

M6 1973 c. 29.

M7 1983 c. 41.

M8 1987 c. 26.

M9 1989 c. 41.

[F24 5A Local authority plans for community care services. S

(1) Within such period after the day appointed for the coming into force of this section as the Secretary of State may direct, and in accordance with the provisions of this section, each local authority shall prepare and publish a plan for the provision of community care services in their area.

(2) Each local authority shall from time to time review any plan prepared by them under subsection (1) above, and shall, in the light of any such review, prepare and publish–

(a) any modifications to the plan under review; or

(b) if the case requires, a new plan.

(3) In preparing any plan or carrying out any review under subsection (1) or, as the case may be, subsection (2) above the authority shall consult—

(a) any Health Board providing services under the National Health Service (Scotland) Act M10 1978 in the area of the authority;

F25 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) such voluntary organisations as appear to the authority to represent the interests of persons who use or are likely to use any community care services within the area of the authority or the interests of private carers who, within that area, provide care to persons for whom, in the exercise of their functions under this Act or any of the enactments mentioned in [F26 5(1B)] of this Act, the local authority have a power or a duty to provide, or to secure the provision of, a service;

(d) such voluntary housing agencies and other bodies as appear to the authority to provide housing or community care services in their area; and

(e) such other persons as the Secretary of State may direct.

(4) In this section–

• “community care services” means services, other than services for children, which a local authority are under a duty or have a power to provide, or to secure the provision of, under Part II of this Act or section 7 (functions of local authorities), 8 (provision of after-care services) or 11 (training and occupation of the mentally handicapped) of the Mental Health (Scotland) Act 1984; and

• “private carer” means a person who is not employed to provide the care in question by any body in the exercise of its functions under any enactment.]

Textual Amendments

F24 Ss. 5A, 5B inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 52

F25 S. 5A(3)(b) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(4)(a), Sch. 14; S.I. 1996/323, art. 4(1)(b)-(d), Sch. 2

F26 Words in s. 5A(3)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(4)(b); S.I. 1996/323, art. 4(1)(b)(c)

Marginal Citations

M10 1978 c. 29 (113:2).

5B Complaints procedure. S

(1) Subject to the provisions of this section, the Secretary of State may by order require local authorities to establish a procedure whereby a person, or anyone acting on his behalf, may make representations (including complaints) in relation to the authority’s discharge of, or failure to discharge, any of their functions under this Act, or any of the enactments [F27 mentioned in section 5(1B)] of this Act, in respect of that person.

(2) For the purposes of subsection (1) of this section, “person” means any person for whom the local authority have a power or a duty to provide, or to secure the provision of, a service, and whose need or possible need for such a service has (by whatever means) come to the attention of the authority.

(3) An order under subsection (1) of this section may be commenced at different times in respect of such different classes of person as may be specified in the order.

(4) In relation to a child, representations may be made by virtue of subsection (1) above by the child, or on his behalf by—

(a) his parent;

(b) any person having parental [F28 responsibilities and parental rights (within the meaning of section 1(3) and section 2(4) respectively of the Children (Scotland) Act 1995) in relation to] him;

(c) any local authority foster parent; or

(d) any other person appearing to the authority to have a sufficient interest in the child’s wellbeing to warrant his making representations on the child’s behalf.

(5) In this section–

“child” means a child under the age of 18 years; F29 . . .

(6) A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) of this section and as to the taking of such action as may be necessary in consequence of such representations.

(7) Every local authority shall give such publicity to the procedure established under this section as they consider appropriate.

Textual Amendments

F27 Words in s. 5B(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(5); S.I. 1996/323, art. 4(1)(b)(c)

F28 Words in s. 5B(4)(b) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(5)(a) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (with transitional provisions in arts. 4-6)

F29 Words in s. 5B(5) repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(5)(b), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (with transitional provisions in arts. 4-6)

6 Supervision of establishments providing accommodation for persons and inspection of records etc. S

(1) Any [F30 person duly authorised by] the Secretary of State may enter any of the following places for the purpose of making such examinations into the state and management of the place [F31 the facilities and services provided therein], and the condition and treatment of the persons in it, as he thinks necessary and for the purpose of inspecting any records or registers [F32 (in whatever form they are held) relating to the place or to any person for whom services have been or are provided there] by virtue of this Act [F33 or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984], that is to say—

(a) any residential or other establishment provided by a local authority or a voluntary organisation or other person for the purposes of this Act [F34 or section 7 or 8 of the said Act of 1984 [F35 or Part II of the Children (Scotland) Act 1995],];

(b) any place where there is being maintained—

(i) a foster child within the meaning of the [F36 Foster Children (Scotland) Act 1984],

F37 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38 (iii) a child who has been placed for adoption by an adoption agency (within the meaning of section 1 of the [F39 M11 Adoption Act 1978]);]

(c) any place where any person [F40 , other than a child,] is for the time being boarded out by a local authority or a voluntary organisation;

[F41 (cc) any place where a child is for the time being accommodated under paragraph (a) of, or by virtue of paragraph (c) of, section 26(1) of the Children (Scotland) Act 1995.]

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(2) Any such [F43 person] as aforesaid may at all reasonable times enter the offices of a local authority or of a voluntary organisation for the purpose of inspecting any records or registers relating to any establishment or place mentioned in the foregoing subsection or relating to any persons to whom the authority or organisation has made available advice, guidance or assistance in pursuance of this Act [F44 or section 7 or 8 of the said Act of 1984][F45 or Part II of the Children (Scotland) Act 1995], or who may require such advice, guidance or assistance, and may carry out that inspection.

[F46 (2A) Any such person may require the owner of, or any person employed in, the establishment or place in question to furnish him with such information as he may request.

(2B) In exercising the power to inspect records and registers under this section a person—

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or register in question; and

(b) may require–

(i) the person by whom or on whose behalf the computer is or has been so used; or

(ii) any person having charge of or otherwise concerned with the operation of the computer, apparatus or material,

to give him such reasonable assistance as he may require.

(2C) In exercising the power to inspect places under this section a person–

(a) may interview any person residing there in private–

(i) for the purpose of investigating any complaint as to that place or the services provided there; or

(ii) if he has reason to believe that the services being provided there for that person are not satisfactory; and

(b) may examine any such person in private.

(2D) No person may–

(a) exercise the power to inspect records or registers under subsection (1) and (2) above so as to inspect medical records; or

(b) exercise the power conferred by subsection (2C)(b) above,

unless he is a registered medical practitioner and, in the case of the power conferred by subsection (1) or (2) above, the records or register relate to medical treatment given at the place in question.]

(3) The power conferred by subsection (1) of this section may be exercised in respect of any place which an [F47 authorised person] has reasonable cause to believe to be used as an establishment in respect of which the person carrying on the establishment is registrable under Part IV of this Act.

(4) [F48 A person] who proposes to exercise any power of entry or inspection conferred by this section shall, if so required, produce a duly authenticated document showing his authority to exercise the power.

(5) Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F49 level 4 on the standard scale].

Textual Amendments

F30 Words in s. 6(1) substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(4)(a)(i); S.I. 1990/2510, art. 2, Sch.

F31 Words in s. 6(1) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 53(2); S.I. 1990/2510, art. 2, Sch.

F32 Words in s. 6(1) substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 53(3); S.I. 1990/2510, art. 2, Sch.

F33 Words in s. 6(1) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(4)(a)(ii); S.I. 1990/2510, art. 2, Sch.

F34 Words in s. 6(1)(a) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(4)(b); S.I. 1990/2510, art. 2, Sch.

F35 Words in s. 6(1)(a) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(6)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F36 Words substituted by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 2 para. 5

F37 S. 6(1)(b)(ii) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(6)(a)(ii), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F38 S. 6(1)(b)(iii) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 50

F39 Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 67(2), Sch. 2 paras. 3, 5, Sch. 3 para. 10(b)

F40 Words in s. 6(1)(c) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(6)(a)(iii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F41 S. 6(1)(cc) added (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(6)(a)(iv) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F42 S. 6(1)(d) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. II

F43 Words in s. 6(2) substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(4)(c)(i); S.I. 1990/2510, art. 2, Sch.

F44 Words in s. 6(2) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(4)(c)(ii); S.I. 1990/2510, art. 2, Sch.

F45 Words in s. 6(2) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(6)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F46 S. 6(2A)–(2D) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 53(4); S.I. 1990/2510, art. 2, Sch.

F47 Words in s. 6(3) substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(4)(d); S.I. 1990/2510, art. 2, Sch.

F48 Words in s. 6(4) substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(4)(e); S.I. 1990/2510, art. 2, Sch.

F49 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289C(1), Sch. 7C (as inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 63(1), Sch. 11 paras. 5, 13) and s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) (and the said Criminal Procedure (Scotland) Act 1975 was repealed (S.) (1.4.1996) by 1995 c. 40, s. 6, Sch. 5); and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 6(5) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine of £10 for a first offence and £50 for a second or subsequent offence

Modifications etc. (not altering text)

C4 S. 6(2A)-(2D)(4) applied (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 36(5) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Marginal Citations

M11 1978 c. 28.

[F50 6A Inquiries. S

[F51 (1) Without prejudice to section 6B(1) of this Act, the Secretary of State may cause an inquiry to be held into—

(a) the functions of a local authority under this Act or any of the enactments mentioned in section 5(1B) of this Act;

(b) the functions of an adoption society, within the meaning of section 65 of the M12 Adoption (Scotland) Act 1978;

(c) the functions of a voluntary organisation in so far as those functions relate to establishments to which sections 61 to 68 of this Act apply;

(d) the detention of a child under—

(i) section 57 of the M13 Children and Young Persons (Scotland) Act 1937; or

[F52 (ii) section 44 or 208 of the M14 Criminal Procedure (Scotland) Act 1995;]or

(e) the functions of the Principal Reporter under Part III of the M15 Local Government (Scotland) Act 1994, the Children (Scotland) Act 1995 or any other enactment.]

(2) The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given the person holding the inquiry may if he thinks fit hold it or any part of it in private.

(3) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act M16 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.]

Textual Amendments

F50 S. 6A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 54

F51 S. 6A(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(7) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F52 S. 6A(1)(d)(ii) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(3)

Marginal Citations

M12 1978 c.28.

M13 1937 c.37.

M14 1995 c.40.

M15 1994 c.39.

M16 1973 c. 65 (81:2).

Yn ddilys o 01/04/1997

[F53 6B Local authority inquiries into matters affecting children. S

(1) Without prejudice to section 6A(1) of this Act, a local authority may cause an inquiry to be held into their functions under this Act, or any of the enactments mentioned in section 5(1B) of this Act, in so far as those functions relate to children.

(2) The local authority may, before an inquiry under this section is commenced, direct that it be held in private; but where no such direction is given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

(3) Subsections (2) to (6) of section 210 of the M17 Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section, so however that, for the purposes of the application, any reference in those subsections to a Minister shall be construed as a reference to the local authority and any reference to an officer of his Department as a reference to an officer of that authority.

(4) The expenses incurred by a local authority in relation to an inquiry under this section (including such reasonable sum as the authority may determine for the services of any of their officers engaged in the inquiry) shall, unless the authority are of the opinion that those expenses should be defrayed in whole or in part by them, be paid by such party to the inquiry as they may direct; and the authority may certify the amount of the expenses so incurred.

(5) Any sum certified under subsection (4) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.

(6) The local authority may make an award as to the expenses of the parties at the inquiry and as to the parties by whom such expenses shall be paid.]

Textual Amendments

F53 S. 6B inserted (1.4.1997) by 1995 c. 36, s. 100 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Marginal Citations

M17 1973 c.45.

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54 S

Textual Amendments

F54 S. 7 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 4

Research, training courses and financial and other assistance S

8 Research. S

(1) The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.

(2) Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions in relation to social welfare.

(3) The Secretary of State and any local authority may make financial assistance available in connection with any research which they may conduct or which they may assist other persons in conducting under the provisions of this section.

9 Training courses and grants for training in social work. S

(1) The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services for the purposes of this Act [F55 or Part II of the Children (Scotland) Act 1995].

(2) The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards any fees or expenses incurred by persons undergoing training for any of the purposes of this Act [F55 or Part II of the Children (Scotland) Act 1995] in circumstances such that it appears to the Secretary of State requisite that the grants should be made, and may defray or contribute towards the cost of maintenance of persons undergoing such training.

(3) The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by any body of persons in providing training as aforesaid.

Textual Amendments

F55 Words in s. 9(1)(2) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(8) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

10 Financial and other assistance to voluntary organisations etc., for social work. S

(1) The Secretary of State may make grants and loans of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by voluntary organisations or other persons engaged in any activity connected

(a) his functions; [F56 with—

(b) the functions of local authorities,

under this Act or under the [F57 mentioned in paragraphs (b),(d),(e),(g),(h),(i), [F58 (l) and (p)] of section 5(1B) of this Act], in circumstances where it appears to the Secretary of State that such grants or loans should be made.]

(2) The conditions on which any grants are paid under the foregoing subsection may include conditions for securing the repayment in whole or in part of such grants.

(3) A local authority may make contributions by way of grant or loan to any voluntary organisation the sole or primary object of which is to promote social welfare.

[F59 (3A) In subsection (3) above, “voluntary organisation the sole or primary object of which is to promote social welfare” includes an adoption society approved under Part I of the [F60 M18 Adoption (Scotland) Act 1978].]

(4) A local authority may also make available to such a voluntary organisation as aforesaid the use of premises belonging to the authority on such terms as may be agreed, and furniture, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff employed by the authority in connection with the premises or other things belonging to the local authority which the voluntary organisation is permitted to use.

(5) On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under [F61 section] 65 of the M19 Health Services and Public Health Act 1968 [F62 and section 16B of the M20 National Health Service (Scotland) Act 1978] shall cease in so far as any such assistance may be given under this section.

Textual Amendments

F56 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 51(a)

F57 By 1994 c. 39, s. 180(1), Sch. 13 para. 76(7) and S.I. 1996/323, art. 4(1)(b)(c) it is provided (1.4.1996) that for the words from “enactments” to “of this Act” there shall be substituted “mentioned in paragraphs (b), (d), (e), (g), (h), (i) and (l) of section 5(1B) of this Act”

F58 Words in s. 10(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(9) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F59 S. 10(3A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 2 para. 51(b)

F60 Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 67(2), Sch. 2 paras 3, 5, Sch. 3 para. 12

F61 Word substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 9 Pt. I para. 8 (a)

F62 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 9 Pt. I para. 8(b)

Marginal Citations

M18 1978 c. 28.

M19 1968 c. 46.

M20 1978 c. 29.

Acquisition of land S

11 Acquisition of land. S

(1) A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated in or outside their area for the purposes of any of their functions under this Act [F63 or Part II of the Children (Scotland) Act 1995].

(2) The M21 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if the last foregoing subsection had been in force immediately before the commencement of that Act.

Textual Amendments

F63 Words in s. 11(1) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(10) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Marginal Citations

M21 1947 c. 42.

Part II S Promotion of Social Welfare by Local Authorities

Modifications etc. (not altering text)

C5 Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5)

General S

12 General social welfare services of local authorities. S

(1) It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate, and such assistance may [F64 , subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person..

(2) A person is a relevant person for the purposes of this section if, not being less than eighteen years of age, he is] in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person’s need would cause greater expense to the local authority on a later occasion.

(3) Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need.

(4) Assistance given in kind or in cash to, or in respect of, persons under this section may be given unconditionally or subject to such conditions as to the repayment of the assistance, or of its value, whether in whole or in part, as the local authority may consider reasonable having regard to the means of the person receiving the assistance and to the eligibility of the person for assistance from any other statutory body.

(5) Nothing in the provisions of this section shall affect the performance by a local authority of their functions under any other enactment.

[F65 (6) For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.]

Textual Amendments

F64 Words in s. 12(1)(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(11) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F65 S. 12(6) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(5)

[F66 12A Duty of local authority to assess needs. S

(1) Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority—

(a) shall make an assessment of the needs of that person for those services; and

(b) having regard to the results of that assessment, shall then decide whether the needs of that person call for the provision of any such services.

(2) Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner.

(3) If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies—

(a) of any services under the National Health Service (Scotland) Act 1978 by the Health Board—

(i) in whose area he is ordinarily resident; or

(ii) in whose area the services to be supplied by the local authority are, or are likely, to be provided; or

(b) of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment,

the local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request.

[F67 (3A) Subject to subsection (3B) below, in any case where—

(a) a local authority make an assessment of the needs of any person (“the relevant person”) under subsection (1)(a) above, and

(b) a person (“the carer”) provides or intends to provide a substantial amount of care on a regular basis for the relevant person,

the carer may request the local authority, before they make their decision under subsection (1)(b) above, to make an assessment of his ability to provide and to continue to provide care for the relevant person; and if he makes such a request, the local authority shall make such an assessment and shall have regard to the results of that assessment in making that decision.

(3B) No request may be made under subsection (3A) above by a person who provides or will provide the care in question—

(a) by virtue of a contract of employment or other contract; or

(b) as a volunteer for a voluntary organisation.

(3C) Section 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (duty of local authority to take into account ability of carers) shall not apply in any case where an assessment is made under subsection (3A) above in respect of a person who provides the care in question for a disabled person.]

(4) Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall–

(a) proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services Consultation and Representation) Act M22 1986 without his requesting them to do so under that section; and

(b) inform him that they will be doing so and of his rights under that Act.

(5) Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.

(6) If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.

(7) This section is without prejudice to section 3 of the said Act of 1986.

(8) In this section—

• “community care services” has the same meaning as in section 5A of this Act;

• “disabled person”has the same meaning as in the said Act of 1986; and

• “medical practitioner”means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.]

• [F68 “person” means a natural person.]

Textual Amendments

F66 S. 12A inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 55; S.I. 1992/2975, art. 2(2), Sch.

F67 S. 12A(3A)-(3C) inserted (1.4.1996) by 1995 c. 12, ss. 2(2), 5(2)

F68 S. 12A(8): definition of “person” inserted (1.4.1996) by 1995 c. 12, ss. 2(3), 5(2)

Modifications etc. (not altering text)

C6 S. 12A(1) power to modify conferred (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(7); S.S.I. 2002/170, art. 2

C7 S. 12A(1) modified (1.7.2002) by The Community Care (Assessment of Needs) (Scotland) Regulations 2002 (S.S.I. 2002/304), art. 2(1)

C8 S. 12A(2) power to modify conferred (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(7); S.S.I. 2002/170, art. 2

C9 S. 12A(2) modified (1.7.2002) by The Community Care (Assessment of Needs) (Scotland) Regulations 2002 (S.S.I. 2002/304), art. 2(1)

Marginal Citations

M22 1986 c. 33 (113:1).

Yn ddilys o 01/09/2002

[F69 12AA Assessment of ability to provide care S

(1) A person (“the carer”) who provides, or intends to provide, a substantial amount of care on a regular basis for another person aged eighteen or over (“the person cared for”) may, whether or not the carer is a child, request a local authority to make an assessment (“the carer’s assessment”) of the carer’s ability to provide or to continue to provide such care for that person.

(2) The local authority to whom the request is made shall—

(a) comply with the request where it appears to them that the person cared for is a person for whom they must or may provide, or secure the provision of, community care services; and

(b) if they then or subsequently make an assessment under subsection (1)(a) of section 12A of this Act of the needs of the person cared for, have regard to the results of the carer’s assessment—

(i) in the assessment of the person cared for; and

(ii) in making their decision under subsection (1)(b) of that section as respects that person.

(3) Subsection (1) above does not apply as respects a carer who provides, or will provide, the care in question—

(a) by virtue of a contract of employment or other contract; or

(b) as a volunteer for a voluntary organisation.

(4) Section 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)(duty of local authority to take into account abilities of carer in deciding whether to provide certain services to disabled person) shall not apply in a case where a local authority make an assessment, by virtue of subsection (2)(a) above, in respect of a carer of a disabled person.

(5) Subsections (4) to (7) of section 12A of this Act apply to a local authority making an assessment by virtue of subsection (2)(a) of this section as they apply to a local authority making an assessment under subsection (1)(a) of that section.

(6) In this section, “community care services”, “disabled person” and “person” have the same meanings as in section 12A of this Act.

Textual Amendments

F69 Ss. 12AA, 12AB inserted (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 9(2); S.S.I. 2002/170, art. 2

Yn ddilys o 01/09/2002

12AB Duty of local authority to provide information to carer S

(1) Where it appears to a local authority both that—

(a) a person aged eighteen or over (“the person cared for”) is a person for whom the authority are under a duty or have a power to provide community care services; and

(b) another person (“the carer”) provides, or intends to provide, a substantial amount of care on a regular basis for the person cared for,

the local authority shall notify the carer that he may be entitled under section 12AA of this Act to request an assessment of his ability to provide, or continue to provide, care for the person cared for.

(2) In this section, “community care services” and “person” have the same meanings as in section 12A of this Act.]

Textual Amendments

F69 Ss. 12AA, 12AB inserted (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 9(2); S.S.I. 2002/170, art. 2

Yn ddilys o 01/04/1997

[F70 12B Direct payments in respect of community care services. S

(1) Where, as respects a person in need—

(a) a local authority have decided under section 12A of this Act that his needs call for the provision of any service which is a community care service within the meaning of section 5A of this Act, and

(b) the person is of a description which is specified for the purposes of this subsection by regulations,

the authority may, if the person consents, make to him, in respect of his securing the provision of the service, a payment of such amount as, subject to subsection (2) below, they think fit.

(2) If—

(a) an authority pay under subsection (1) above at a rate below their estimate of the reasonable cost of securing the provision of the service concerned, and

(b) the person to whom the payment is made satisfies the authority that his means are insufficient for it to be reasonably practicable for him to make up the difference,

the authority shall so adjust the payment to him under that subsection as to avoid there being a greater difference than that which appears to them to be reasonably practicable for him to make up.

(3) A payment under subsection (1) above shall be subject to the condition that the person to whom it is made shall not secure the provision of the service to which it relates by a person who is of a description specified for the purposes of this subsection by regulations.

(4) Regulations may provide that the power conferred by subsection (1) above shall not be exercisable in relation to the provision of residential accommodation for any person for a period in excess of such period as may be specified in the regulations.

(5) If the authority by whom a payment under subsection (1) above is made are not satisfied, in relation to the whole or any part of the payment—

(a) that it has been used to secure the provision of the service to which it relates, or

(b) that the condition imposed by subsection (3) above, or any condition properly imposed by them, has been met in relation to its use,

they may require the payment or, as the case may be, the part of the payment to be repaid.

(6) Regulations under this section shall be made by the Secretary of State and may—

(a) make different provision for different cases; and

(b) include such supplementary, incidental, consequential and transitional provisions and savings as the Secretary of State thinks fit.]

Textual Amendments

F70 S. 12B inserted (S.)(1.4.1997) by 1996 c. 30, s. 4; S.I. 1997/756, art. 2

Modifications etc. (not altering text)

C10 S. 12B(1) restricted (1.4.1997) by S.I. 1997/693, reg. 4(1)

Yn ddilys o 01/04/1997

[F71 12C Further provisions relating to direct payments. S

(1) Except as provided by subsection (2) below, the fact that a local authority make a payment under section 12B(1) of this Act shall not affect their functions with respect to the provision of the service to which the payment relates.

(2) Subject to subsection (3) below, where an authority make a payment under section 12B(1) of this Act they shall not be under any obligation to the person to whom it is made with respect to the provision of the service to which it relates as long as they are satisfied that the need which calls for the provision of that service will be met by virtue of the person’s own arrangements.

(3) The fact that an authority make a payment under section 12B(1) of this Act shall not affect their functions under section 12 of this Act in relation to the provision, to the person to whom the payment is made, of assistance, in exceptional circumstances constituting an emergency, in cash in respect of the service to which the payment under section 12B(1) relates.]

Textual Amendments

F71 S. 12C inserted (S.)(1.4.1997) by 1996 c. 30, s. 4; S.I. 1997/756, art. 2

13 Power of local authorities to assist persons in need in disposal of produce of their work. S

Where, by virtue of the last foregoing section, a local authority make arrangements or provide or secure the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, that local authority may assist such persons in disposing of the produce of their work.

[F72 Residential accommodation with nursing.] S

Textual Amendments

F72 S. 13A and crossheading inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 56; S.I. 1992/2975, art. 2(2), Sch.

13A F73 Residential accommodation with nursing. S

(1) Without prejudice to section 12 of this Act, a local authority shall make such arrangements as they consider appropriate and adequate for the provision of suitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability.

(2) The arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person managing premises which are—

(a) a nursing home within the meaning of section 10(2)(a) of the Nursing Homes Registration (Scotland) Act M23 1938 in respect of which that organisation or person is registered or exempt from registration under that Act; or

(b) a private hospital registered under section 12 of the Mental Health (Scotland) Act M24 1984,

for the provision of accommodation in those premises.

(3) The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act.

Textual Amendments

F73 S. 13A and crossheading inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 56; S.I. 1992/2975, art. 2(2), Sch.

Marginal Citations

M23 1938 c. 73 (113:3).

M24 1984 c. 36 (85).

F74 Provision of care and after-care S

Textual Amendments

F74 S. 13B and crossheading inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 56; S.I. 1990/2510, art. 2, Sch.

[13B F75 Provision of care and after-care S

(1) Subject to subsection (2) below, a local authority may, with the approval of the Secretary of State, and shall, if and to the extent that the Secretary of State so directs, make arrangements for the purpose of the prevention of illness, the care of persons suffering from illness and the after-care of such persons.

(2) The arrangements which may be made under subsection (1) above do not include arrangements in respect of medical, dental or nursing care, or health visiting.]

Textual Amendments

F75 S.13B and crossheading inserted (1.4.1991) by National Health Service and Community care Act 1990 (c.19, SIF 113:2), s. 56; S.I. 1990/2510, art. 2, Sch.

Home help S

14 Home help and laundry facilities. S

(1) It shall be the duty of every local authority to provide on such scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate of, [F76 home help][F76 domiciliary services] for households where such [F77 help is][F77 services are] required owing to the presence, or the proposed presence, of a person in need or a person who is an expectant mother or lying-in, and every such authority shall have power to provide or arrange for the provision of laundry facilities for households for which [F78 home help is][F78 domiciliary services are] being, or can be, provided under this subsection.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

(4) On the coming into operation of the provisions of this and the last two foregoing sections, the provisions of sections 13, 44 and 45 of the Health Services and Public Health Act 1968 M25 shall cease to have effect.

Textual Amendments

F76 Words “domicilary services” substituted (1.4.1991) for “home help” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(a)

F77 Words “services are” substituted (1.4.1991) for “help is” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(b)

F78 Words “domiciliary services are” substituted (1.4.1991) for “home help is” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(c)

F79 S. 14(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I

F80 S. 14(3) repealed by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II

Modifications etc. (not altering text)

C11 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M25 1968 c. 46.

Special provisions as to the care of children in need S

15 Duty of local authority to provide for orphans, deserted children, etc. S

(1) Without prejudice to the generality of the foregoing provisions of this Part of this Act, where it appears to a local authority with respect to a child in their area appearing to them to be under the age of seventeen—

(a) that he has neither parent nor guardian or has been and remains abandoned by his parent or guardian or is lost; or

(b) that his parent or guardian is, for the time being or permanently, prevented by reason of illness or mental disorder or bodily disease or infirmity or other incapacity or any other circumstances from providing for his proper accommodation, maintenance and upbringing; and

(c) in either case, that the intervention of the local authority under this section is necessary in the interests of the welfare of the child,

it shall be the duty of the local authority to receive the child into their care under this section.

(2) Where a local authority have received a child into their care under this section, it shall, subject to the provisions of this Part of this Act, be their duty to keep the child in their care so long as the welfare of the child appears to them to require it and the child has not attained the age of eighteen.

(3) If, at the time when a child is received into the care of a local authority under this section, the whereabouts of any parent or guardian of his are unknown, it shall be the duty of the local authority to take all reasonable steps to discover them; and nothing in this section shall authorise a local authority to keep a child in their care under this section if any parent or guardian desires to take over the care of the child, and the local authority shall, in all cases where it appears to them consistent with the welfare of the child so to do, endeavour to secure that the care of the child is taken over either—

(a) by a parent or guardian of his, or

(b) by a relative or friend of his, being, where possible, a person of the same religious persuasion as the child or who gives an undertaking that the child will be brought up in that religious persuasion.

[F81 (3A) Subsection (8) (penalty for taking away a child in care etc.) of section 17 of this Act shall apply to a child in the care of a local authority under this section, [F82 whether or not a] resolution is in force under section 16 of this Act with respect to the child, if he has been in the care of that local authority throughout the preceding six months; and for the purposes of the application of paragraph (b) of that subsection in such a case a parent or guardian of the child shall not be taken to have lawful authority to take him away:

Provided that that subsection shall not by virtue of this subsection apply in relation to an act done—

(a) with the consent of the local authority, or

[F83 (b) by a parent or guardian of the child in relation to whom no resolution under section 16 of this Act is in effect with respect to the child and who has given the local authority not less than 28 days’ notice in writing of his intention to do it.]

(3B) The Secretary of State may by order, a draft of which has been approved by each House of Parliament, amend subsection (3A) of this section by substituting a different period for the period of 28 days or of six months mentioned in that sub-section (or for the period which by a previous order under this subsection, was substituted for that period).]

(4) Where a local authority receive a child into their care under this section who is then ordinarily resident in the area of another local authority, that other local authority may within three months after the determination (whether by agreement between the authorities or under section 86 of this Act) of the ordinary residence of the child, or with the concurrence of the first-mentioned authority at any subsequent time, take over the care of the child; and a local authority shall not exercise their right to take over the care of a child under this subsection unless they are satisfied that the taking-over will not be detrimental to his welfare.

(5) Where under the last foregoing subsection a local authority take over the care of a child from another local authority, that other authority shall where possible inform the parent of the child that the care of the child has been so taken over.

Textual Amendments

F81 S. 15(3A)(3B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 73

F82 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 4(a)

F83 S. 15(3A) proviso (b) substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 4(b)

Modifications etc. (not altering text)

C12 S. 15 extent by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), ss. 34(3), 67(2)

C13 S. 15 extended by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), ss. 12(5), 23

[F84 16 Resolution by local authority in respect of assumption and vesting of parental rights and powers. S

(1) Subject to the provisions of this Part of this Act, a local authority may resolve—

(a) that there shall vest in them the relevant parental rights and powers with respect to any child who is in their care under section 15 of this Act; or

(b) that there shall vest in a voluntary organisation which is an incorporated body, or a trust within the meaning of section 2(a) of the M26 Trusts (Scotland) Act 1921, the relevant parental rights and powers with respect to any child who is in the care of that organisation,

if it appears to the local authority—

(i) that the parents of the child are dead and that he has no guardian; or

(ii) that there exists in respect of a parent or guardian of the child (the said parent or guardian being hereafter in this Part of this Act referred to as the person on whose account the resolution was passed) any of the circumstances specified in subsection (2) of this section; or

(iii) that a resolution under this subsection is in force in terms of sub-paragraph (ii) above in relation to one parent of the child and that parent is, or is likely to become, a member of the household comprising the child and his other parent; or

(iv) that throughout the three years preceding the passing of the resolution the child has been in the care of a local authority under section 15 of this Act, or in the care of a voluntary organisation or partly the one and partly the other.

(2) The circumstances referred to in sub-paragraph (ii) of subsection (1) of this section are that the person on whose account the resolution was passed—

(a) has abandoned the child; or

(b) suffers from some permanent disability rendering him incapable of caring for the child; or

(c) while not falling within paragraph (b) of this subsection, suffers from a mental disorder (within the meaning of the [F85 M27 Mental Health (Scotland) Act 1984]) which renders him unfit to have the care of the child; or

(d) is of such habits or mode of life as to be unfit to have the care of the child; or

(e) has so persistently failed without reasonable cause to discharge the obligations of a parent or guardian as to be unfit to have the care of the child.

(3) In this section “the relevant parental rights and powers” means all the rights and powers in relation to the child (other than the right to consent or refuse to consent to the making of an application under [F86 section 18 or 55 of the Adoption Act 1976 or under section 18 or 49 of the M28 Adoption (Scotland) Act 1978] and the right to agree or refuse to agree to the making of an adoption order)—

(a) where the resolution was passed by virtue of circumstances specified in sub-paragraph (i) of subsection (1) of this section, which the deceased parents would have if they were still living;

(b) where the resolution was passed by virtue of circumstances specified in sub-paragraph (ii) of that subsection, of the person on whose account the resolution was passed;

(c) where the resolution was passed by virtue of circumstances specified in sub-paragraph (iii) of that subsection, of the parent other than the one on whose account the previous resolution was passed;

(d) where the resolution was passed by virtue of circumstances specified in sub-paragraph (iv) of that subsection, of the parents or guardian of the child.

(4) A local authority shall not pass a resolution under paragraph (b) of subsection (1) of this section unless—

(a) it is satisfied that the child is not in the care of any local authority under any enactment; and

(b) it is satisfied that it is necessary in the interests of the welfare of the child for the parental rights and powers to be vested in the voluntary organisation; and

(c) the child is living in the area of the local authority either in a residential establishment or with foster parents with whom he has been boarded out by the voluntary organisation in whose care he is; and

(d) that organisation has requested the local authority to pass the resolution.

(5) In the case of a resolution passed under sub-section (1) of this section by virtue of circumstances specified in sub-paragraph (ii), (iii) or (iv) thereof, . . . F87 the local authority, if [F88 the whereabouts of the person whose parental rights and powers have under the resolution vested in the local authority or in the voluntary organisation as the case may be] are known to them, shall forthwith after the passing of the resolution serve on him notice in writing of the passing thereof.

(6) Every notice served by a local authority under subsection (5) of this section shall inform the person on whom the notice is served of his right to object to the resolution and of the effect of any objection made by him.

(7) If, not later than one month after notice is served on a person under subsection (5) of this section, he serves a counter-notice in writing on the local authority objecting to the resolution, the resolution shall, subject to the provisions of subsection (8) of this section, lapse on the expiry of fourteen days from the service of the counter-notice.

(8) Where a counter-notice has been served on a local authority under subsection (7) of this section, the authority may, not later than fourteen days after the receipt by them of the counter-notice, make a summary application in respect thereto to the sheriff having jurisdiction in the area of the authority, and in that event the resolution shall not lapse until the determination of the application; and the sheriff may, on the hearing of the application, order that the resolution shall not lapse by reason of the service of the counter-notice:

Provided that the sheriff shall not so order unless satisfied—

(a) that it is in the interests of the child to do so; and

(b) that the grounds mentioned in subsection (1) of this section on which the local authority purported to pass the resolution were made out; and

(c) that at the time of the hearing there continued to be grounds on which a resolution under subsection (1) of this section could be founded.

(9) While a resolution passed under subsection (1) of this section by virtue of circumstances specified in sub-paragraph (ii), (iii) or (iv) thereof is in force with respect to a child, that part of subsection (3) of section 15 of this Act from the words “and nothing in this section shall authorise” onwards shall not apply in relation to the person who, but for the resolution, would have the relevant parental rights and powers in relation to the child.

(10) Any notice under this section (including a counter-notice) may be served by post, but a notice served by a local authority under subsection (5) of this section shall not be duly served by post unless it is sent by registered post or recorded delivery service.

(11) A resolution under this section shall cease to have effect if—

(a) the child becomes the subject of an adoption order within the meaning of [F89 section 38 of the M29 Adoption (Scotland) Act 1978]; or

(b) an order in respect of the child is made under [F86 section 18 or 55 of the Adoption Act 1976 or under section 18 or 49 of the Adoption (Scotland) Act 1978]; or

[F90 (c) a[F91 guardian]to the child is appointed under the Law Reform (Parent and Child) (Scotland) Act 1986; or]

(d) it is a resolution under paragraph (b) of subsection (1) of this section and a resolution is passed under subsection (1) of section 16A of this Act in respect of the child [F92 ; or]

[F92 (e) an event mentioned in paragraph (a) or (b) of section 25(1) of the Child Abduction and Custody Act 1985 occurs with respect to the child.]

(12) If the whereabouts of any parent or guardian of a child have remained unknown for twelve months, and throughout that period the child has been in the care of a local authority under section 15 of this Act, or in the care of a voluntary organisation, or partly the one and partly the other, then for the purposes of this section that parent or guardian shall be deemed to have abandoned the child.

(13) The Secretary of State may by order, a draft of which has been approved by each House of Parliament, amend sub-paragraph (iv) of subsection (1) of this section to substitute a different period for the period of three years mentioned in that sub-paragraph (or for the period which, by a previous order under this subsection, was substituted for that period).]

Textual Amendments

F84 S. 16 substituted by Children Act 1975 (c. 72, SIF 49:9,10), s. 74

F85 Words in s. 16(2)(c) substituted by virtue of Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 15 where the substitution is expressed to relate to words in s. 16(3)

F86 Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 67(2), Sch. 2 paras. 3, 5, Sch. 3 para. 13

F87 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 7(1)(a)

F88 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 7(1)(b)

F89 Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 67(2), Sch. 2 paras. 3, 5, Sch. 3 para. 14

F90 S. 16(11)(c) substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9

F91 Word in s. 16(11)(c) substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para.31 (with s. 1(3)).

F92 S. 16(11)(e) and the word “; or” preceding it inserted by Child Abduction and Custody Act 1985 (c. 60, SIF 20), Pt. III, ss. 25(6), 29(2)

Modifications etc. (not altering text)

C14 S. 16 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

C15 S. 16(8) restricted by Child Abduction and Custody Act 1985 (c. 60, SIF 20), Pt. I, ss. 9(d), 20(2)(d), 29(2), Sch. 1 art. 16

Marginal Citations

M26 1921 c. 58.

M27 1984 c. 36

M28 1978 c. 28.

M29 1978 c. 28.

[F93 16A Duty of local authority to assume parental rights and powers vested in a voluntary organisation. S

(1) If it appears to a local authority, having regard to the interests of the welfare of a child living within their area, the parental rights and powers in respect of whom are by virtue of a resolution under section 16(1)(b) of this Act (hereafter in this section referred to as “the earlier resolution”) vested in a voluntary organisation, that it is necessary that the said parental rights and powers should no longer be vested in the organisation, the local authority shall resolve that the said parental rights and powers shall vest in them; and the said parental rights and powers shall so vest from the date of the resolution under this subsection.

(2) The local authority shall, within seven days of passing a resolution under subsection (1) of this section, by notice in writing inform—

(a) the organisation who but for that resolution; and

(b) any person, in so far as that person’s whereabouts are known to them, who, but for that resolution and the earlier resolution,

would have the parental rights and powers in respect of the child, of the passing thereof.

(3) On a summary application being made for the determining of a resolution under subsection (1) of this section by a person who but for that resolution and the earlier resolution would have the parental rights and powers in respect of the child, the sheriff having jurisdiction where the applicant resides may order that—

(a) the resolution under subsection (1) of this section shall continue to have effect; or

(b) the resolution under subsection (1) of this section shall cease to have effect and that the earlier resolution shall again take effect; or

(c) the resolution under subsection (1) of this section shall cease to have effect and that the parental rights and powers in respect of the child shall again vest in the applicant; or

(d) the resolution under subsection (1) of this section shall continue to have effect, but that either for a fixed period or until the sheriff, or if the order so provides, the local authority, otherwise directs, the local authority shall allow the care of the child to be taken over by, and the child to be under the control of, the applicant.

(4) In hearing an application under subsection (3) of this section the sheriff may consider whether there was any ground for the making of the earlier resolution, and if he is satisfied that there was no ground for the making of that earlier resolution he shall make an order under subsection (3)(c) of this section.

(5) In this section “the parental rights and powers” means all the rights and powers in relation to the child which in accordance with the earlier resolution were vested in the voluntary organisation.

(6) While a resolution under subsection (1) of this section is in force with respect to a child, the child shall be deemed to have been received into and to be in the care of the local authority by virtue of section 15 of this Act, and subsections (2) to (5) of that section shall apply accordingly; except that where the earlier resolution was passed by virtue of circumstances specified in sub-paragraph (ii), (iii) or (iv) of subsection (1) of section 16 of this Act, that part of subsection (3) of section 15 of this Act from the words “and nothing in this section shall authorise” onwards shall not apply in relation to the person who but for the earlier resolution and the resolution under subsection (1) of this section, would have the parental rights and powers in relation to the child.

(7) Subsection (11)(a), (b) and (c) of section 16, subsections (3) and (4) to (9) of section 17 and subsections (1), (2), (4) and (4A) of section 18 of this Act shall apply to a resolution under this section as they apply to a resolution under section 16(1)(a) of this Act.

(8) A notice served by a local authority under subsection (2) of this section shall not be duly served by post unless it is sent by registered post or recorded delivery service.]

Textual Amendments

F93 S. 16A inserted by Children Act 1975 (c. 72 SIF 49:9,10), s. 75

Modifications etc. (not altering text)

C16 S. 16A applied by (Criminal Procedure (Scotland) Act 1975 (c. 21 SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41 SIF 39:1), s. 59(3)

C17 S. 16A(3) restricted by Child Abduction and Custody Act 1985 (c. 60, SIF 20), Pt. I, ss. 9(d), 20(2)(d), 29(2), Sch. 1 art. 16

17 Effect of assumption by local authority of parental rights. S

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

(3) A resolution under [F95 section 16(1)(a)] of this Act shall not prevent the local authority from allowing, either for a fixed period or until the local authority [F96 , in whom are vested in accordance with the resolution the parental rights and powers in respect of a child,] otherwise determine, the care of the child to be taken over by, and the child to be under the control of, a parent, guardian, relative or friend in any case where it appears to the authority to be for the benefit of the child.

[F97 (3A) A resolution under section 16(1)(b) of this Act shall not prevent the voluntary organisation, in whom are vested in accordance with the resolution the parental rights and powers in respect of a child, from allowing, either for a fixed period or until the voluntary organisation otherwise determine, the care of the child to be taken over by, and the child to be under the control of, a parent, guardian, relative or friend in any case where it appears to the voluntary organisation to be for the benefit of the child.]

(4) Where a resolution under [F98 section 16(1)(a)] of this Act is in force in respect of a child and the child has ceased to be in the care of the local authority by whom the resolution was passed, then (without prejudice to the provisions of section 15 of this Act if those provisions apply) the local authority by whom the resolution was passed shall have power to receive the child back into their care in any circumstances in which it appears to them that their intervention under this subsection is necessary in the interests of the welfare of the child.

(5) Where a local authority receive a child into their care under the last foregoing subsection, the provisions of this Act, except subsection (4) of section 15 thereof, shall apply as if the child had been received into their care under the said section 15.

(6) A resolution under [F99 section 16 of this Act] shall not relieve any person from any liability to maintain, or contribute to the maintenance of, the child.

(7) A resolution under the said section 16 shall not authorise a local authority [F100 or a voluntary organisation] to cause a child to be brought up in any religious persuasion other than that in which he would have been brought up but for the resolution.

(8) Any person who—

(a) knowingly assists or induces or persistently attempts to induce n a child [F101 , in respect of when a resolution under section 16 of this Act is in effect,] to run away, or

(b) without lawful authority takes away such a child, or

(c) knowingly harbours or conceals such a child who has run away or who has been taken away or prevents him from returning,

shall be liable on summary conviction to a fine not exceeding [F102 level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(9) [F103 Where—

(a) a local authority have, in accordance with subsection (3) of this section; or

(b) a voluntary organisation have, in accordance with subsection (3A) of this section,

allowed] any person to take over the care of a child with respect to whom a resolution under the said section 16 is in force and have by notice in writing required that person to return the child at a time specified in the notice (which, if that person has been allowed to take over the care of the child for a fixed period, shall not be earlier than the end of that period) any person who harbours or conceals the child after that time or prevents him from returning as required by the notice shall be liable on summary conviction to a fine not exceeding [F104 level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

[F105 (10) Where an offence under subsection (8) or (9) of this section has been or is believed to have been committed, a constable, or any person authorised by any court or by any justice of the peace, may take and return the child to the local authority or voluntary organisation in whom are vested the parental rights and powers relating to the child.]

Textual Amendments

F94 S. 17(1)(2) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. V

F95 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(a)

F96 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(a)

F97 S. 17(3A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(b)

F98 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(c)

F99 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(d)

F100 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52 (e)

F101 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(f)(i)

F102 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(f) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F103 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(g)(i)

F104 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 52(g)(ii) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F105 S. 17(10) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 76

Modifications etc. (not altering text)

C18 SS. 17, 17A, 17B, 17C applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

17A [F106 Termination of access to child subject to resolution under section 16. S

(1) A local authority or voluntary organisation may not terminate arrangements for access to a child who is the subject of a resolution under section 16 of this Act by his parent or guardian or refuse to make such arrangements unless they have first given the parent or guardian notice of termination or refusal in a form prescribed by order made by the Secretary of State.

(2) A notice under this section shall contain a statement that the parent or guardian has a right to apply to the sheriff for an order under section 17B of this Act.

(3) A notice terminating access shall state that access will be terminated as from the date of service of the notice.

(4) A local authority or voluntary organisation are not to be taken to terminate arrangements for access for the purposes of this section in a case where they propose to substitute new arrangements for access for existing arrangements.

(5) A local authority or voluntary organisation are not to be taken to refuse to make arrangements for access for the purposes of this section in a case where they postpone access for such reasonable period as appears to them to be necessary to enable them to consider what arrangements for access (if any) are to be made.

(6) A notice under this section may be served on a parent or guardian either by delivering it to him or by leaving it at his proper address or by sending it by post.

(7) For the purposes of this section, and of section 7 of the M30 Interpretation Act 1978 in its application to this section, the proper address of a person shall be his last known address.

Textual Amendments

F106 Ss. 17A-17E inserted (30.1.1984) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 7(2)

Modifications etc. (not altering text)

C19 Ss. 17, 17A, 17B, 17C applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

Marginal Citations

M30 1978 c. 30.

17B Access Orders S

(1) A parent or guardian on whom a notice under section 17A of this Act is served may apply by way of summary application to the sheriff (in the case of a local authority, the sheriff having jurisdiction in their area) for an order under this section (hereinafter referred to as an “access order”).

(2) An access order shall be an order requiring the authority or organisation to allow the child’s parent or guardian access to the child subject to such conditions as the order may specify with regard to commencement, frequency, duration or place of access or to any other matter for which it appears to the sheriff that provision ought to be made in connection with the requirement to allow access.

(3) Where an access order has been made—

(a) the parent or guardian named in the order; or

(b) the local authority or voluntary organisation may apply by way of summary application to the sheriff for the variation or discharge of the order.

Modifications etc. (not altering text)

C20 Ss. 17, 17A, 17B, 17C applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

17C Emergency order. S

(1) The sheriff may make an order under this subsection where he is satisfied that continued access to a child by his parent or guardian in accordance with the terms of an access order will put the child’s welfare seriously at risk.

(2) Subject to subsection (3) below, an order under subsection (1) of this section shall be an order suspending the operation of the access order for 7 days beginning with the date of the order under subsection (1) of this section, or for such shorter period beginning with that date as may be specified in that order.

(3) If during the period for which the operation of the access order is suspended the local authority or voluntary organisation make an application for its variation or discharge to the sheriff, its operation shall be suspended until the date on which the application to vary or discharge it is determined or abandoned.

Modifications etc. (not altering text)

C21 Ss. 17, 17A, 17B, 17C applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), S. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

17D Safeguarding of interest of child. S

—A court to which an application for an access order or any other application under section 17B or 17C of this Act or any appeal relating thereto is made shall regard the welfare of the child as the first and paramount consideration in determining the matter.

17E Code of practice. S

(1) The Secretary of State shall prepare, and from time to time revise, a code of practice with regard to access to children who are in care or who are subject to a supervision requirement under section 44 of this Act.

(2) Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.

(3) The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.

(4) No resolution shall be passed by either House of Parliament under subsection (3) above in respect of a code or alteration after the expiration of the period of forty days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5) The Secretary of State shall publish the code as for the time being in force.

18 Duration and rescission of resolutions under section 16. S

(1) Subject to the provisions of this Part of this Act, a resolution under section 16 of this Act shall continue in force until the child with respect to whom it was passed attains the age of eighteen.

(2) A resolution under the said [F107 section 16(1)(a)] may be rescinded by resolution of the local authority if it appears to them that the rescinding of the resolution will be for the benefit of the child.

(3) On a summary application for the determining of a resolution being made—

(a) in the case of a resolution passed by virtue of [F108 sub-paragraph (i)] of subsection (1) of the said section 16, by a person claiming to be a parent or guardian of the child;

[F109 (b) in the case of a resolution passed by virtue of circumstances specified in sub-paragraph (ii), (iii), or (iv) of subsection (1) of the said section 16, by the person who, but for the resolution, would have the parental rights and powers in relation to the child,]

the sheriff, having jurisdiction where the applicant resides, if satisfied that there was no ground for the making of the resolution or that the resolution should in the interests of the child be determined, may by order determine the resolution, and the resolution shall thereupon cease to have effect:

Provided that, if the sheriff thinks fit, he may, in lieu of determining the resolution, order that, either for a fixed period or until he, or, if the order so provides, the local authority, otherwise direct, the local authority [F110 , and any voluntary organisation having parental rights and powers with respect to the child,] shall allow the care of the child to be taken over by, and the child to be under the control of, the applicant.

(4) A court may entertain an application under [F111 the Law Reform (Parent and Child) (Scotland) Act 1986] to appoint a [F112 guardian of a child ] notwithstanding that, by virtue of a resolution under section 16 of this Act, a local authority [F113 or voluntary organisation] have parental rights with respect to him; . . . F114

[F115 (4A) A court may entertain an application under—

(a) [F116 section 12 of the M31 Adoption (Scotland) Act 1978] for an adoption order in respect of a child;

(b) [F117 section 18 of the said Act of 1978] for an order declaring a child free for adoption;

(c) [F118 section 49 of the said Act of 1978] for an order vesting the parental rights and duties relating to a child;

notwithstanding that, by virtue of a resolution under section 16 of this Act, a local authority or a voluntary organisation have parental rights with respect to him.]

Textual Amendments

F107 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53(a)

F108 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53 (b)(i)

F109 S. 18(3)(b) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53(b)(ii)

F110 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53(b)(iii)

F111 Words in s. 18(4) substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(2)

F112 Words in s. 18(4) substituted (25.9.1991) by virtue of Age of Capacity (Scotland) Act 1991 (c. 50, SIF 81:3), ss. 10(1), 11(2), Sch. 1 para.32 (with s. 1(3)).

F113 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 53(c)

F114 Words repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt V

F115 S. 18(4A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), ss. 77

F116 Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 67(2), Sch. 2 paras. 3, 5, Sch. 3 para. 15

F117 Words in s. 18(4A)(b) substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), Sch. 2 paras. 3, 5, Sch. 3 para. 15

F118 Words in s. 18(4A)(c) substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), Sch. 2 paras 3, 5 Sch. 3 para. 15

Modifications etc. (not altering text)

C22 S. 18 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

C23 S. 18(3) restricted by Child Abduction and Custody Act 1985 (c. 60, SIF 20), Pt. I, ss. 9(d), 20(2)(d), 29(2), Sch. 1 art. 16

Marginal Citations

M31 1978 c. 28.

[F119 18A Safeguarding of interests of children in proceedings relating to the assumption of parental rights. S

(1) In any proceedings under section 16(8), 16A(3) [F120 , 17B, 17C] or 18(3) of this Act, the sheriff—

(a) shall consider whether it is necessary to appoint a person for the purpose of safe-guarding the interests of the child in the proceedings; and

(b) without prejudice to any existing power to appoint a person to represent the interests of the child, may, if he thinks fit, appoint a person to act for the purpose specified in paragraph (a) above.

(2) The power to make rules under section 32 of the M32 Sheriff Courts (Scotland) Act 1971 shall include power to make rules providing for—

(a) the procedure in relation to the disposal of matters arising under this section;

(b) appointment under subsection (1) of this section, the functions of a person so appointed and any right of such a person to information relating to the proceedings in question.]

Textual Amendments

F119 S. 18A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), ss. 78, 108(2)

F120 Words inserted (30.1.1984) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113: 3), s. 7(3)

Marginal Citations

M32 1971 c. 58.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121 S

Textual Amendments

F121 S. 19 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 and expressed to be repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

20 Duty of local authority to further the best interests of a child in their care and to afford opportunity for his proper development. S

[F122 (1) Where a child is in the care of a local authority under any enactment [F123 or of a voluntary organisation, they] shall, in reaching any decision relating to the child, give first consideration to the need to safeguard and promote the welfare of the child throughout his childhood; and shall so far as practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding.]

(2) In providing for a child in their care as aforesaid, [F124 they] shall make such use of facilities and services available for children in the care of their own parents as appears to the local authority [F125 or voluntary organisation] reasonable in his case.

(3) Where a local authority [F126 or voluntary organisation] allow the care of a child to be taken over under [F127 sections 17(3), 17(3A)] or 18(3) of this Act, their duties in respect of the child under this section shall not be affected by that take-over.

Textual Amendments

F122 S. 20(1) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 79

F123 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 5(a)

F124 Word substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 5(b)

F125 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 5(b)

F126 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 5(c)

F127 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 5(c)

Modifications etc. (not altering text)

C24 S. 20 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

[F128 20A Review of case of child in care. S

(1) Without prejudice to their general duty under section 20(1) of this Act, it shall be the duty of a local authority who have at any time had a child in their care throughout the preceding six months and have not during that period held a review of his case, to review his case as soon as is practicable after the expiration of that period and, if a supervision requirement is in force with respect to him, the local authority shall consider in the course of the review whether to refer his case to [F129 the Principal Reporter]] for review of that requirement by a children’s hearing.

(2) The Secretary of State may by regulations—

(a) amend subsection (1) of this section by—

(i) substituting a different period for the period of six months mentioned in that subsection (or for any period which, by previous regulations under this sub-section, was substituted for that period);

(ii) specifying different periods in respect of the first review under that subsection occurring after a child has been taken into care, and in respect of subsequent such reviews;

(b) make provision as to the manner in which cases are to be reviewed under this section;

(c) make provision as to the considerations to which the local authority are to have regard in reviewing cases under this section.

Textual Amendments

F128 S. 20A inserted by Children Act 1975 (c. 72, SIF 49:1, 10), s. 80

F129 Words in s. 20A(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(8); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C25 S. 20A applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

C26 S. 20A extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(6) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(1)

21 Mode of provision of accommodation and maintenance. S

(1) Subject to the provisions of this section, a local authority shall discharge their duty to provide accommodation and maintenance for a child in their care—

(a) by boarding him out on such terms as to payment by the authority and otherwise as the authority may, subject to the provisions of this Act and regulations thereunder, determine; or

(b) by maintaining the child in a residential establishment.

(2) Nothing in the foregoing subsection shall be construed as preventing a local authority from making use, in the case of any child, of any such facilities and services as are referred to in subsection (2) of [F130 section 20 of this Act], and for that purpose arranging for his accommodation and maintenance in any suitable manner not specified in the last foregoing subsection.

(3) Arrangements may be made by a local authority under this section for boarding out a child in England or Wales or for maintaining him in any accommodation in England or Wales which a local authority in those countries is authorised to use for that purpose by virtue of [F131 section 23 of the Children Act 1989.]

Textual Amendments

F130 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), ss. 23, 59, Sch. 2 para. 9

F131 Words in s. 21(3) substituted (14.10.1991) by virtue of Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para.20; S.I. 1991/828, art. 3(2)

22 Removal of children in residental establishments. S

Notwithstanding any agreement made in connection with the placing of a child in a residential establishment under this Part of this Act by a local authority, the authority may at any time, and shall if required so to do by . . . F132 the person responsible for the establishment, remove the child from the establishment.

Textual Amendments

F132 Words repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29

23 Power of local authorities and voluntary organisations to arrange for emigration of children. S

(1) A local authority or a voluntary organisation may, with the consent of the Secretary of State, arrange or assist in arranging the emigration of any child in their care.

(2) The Secretary of State shall not give his consent under this section unless he is satisfied that emigration would benefit the child, and that suitable arrangements have been or will be made for the child’s reception and welfare in the country to which he is going, that the parent of the child has been consulted or that it is not practicable to consult him, and that the child consents:

Provided that where a child is too young to form or express a proper opinion on the matter, the Secretary of State may consent to his emigration notwithstanding that the child is unable to consent thereto in any case where the child is to emigrate in company with a parent [F133 relative or friend] of his, or is to emigrate for the purpose of joining a parent, relative or friend.

Textual Amendments

F133 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 6

24 Financial assistance towards expenses of maintenance, education or training of persons over school age . S

(1) Without prejudice to the provisions of section 12 of this Act a local authority may make contributions to the cost of the accommodation and maintenance of any person—

(a) who is over school age but has not attained the age of twenty-one; and

(b) who is, or has at any time after ceasing to be of school age been, in the care of a local authority,

in any place near the place where he may be employed, or seeking employment, or in receipt of education or training.

(2) A local authority may make grants to persons who are over school age, but have not attained the age of twenty-one, and who at or after the time when they ceased to be of school age were in the care of a local authority, to enable them to meet expenses connected with their receiving suitable education or training.

(3) Where a person—

(a) is engaged in a course of education or training at the time when he attains the age of twenty-one; or

(b) having previously been engaged in a course of education or training which has been interrupted by any circumstances, resumes the course as soon as practicable,

then if a local authority are at the said time, or were at the time when the course was interrupted, as the case may be, making any contributions or grants in respect of him under any of the foregoing provisions of this section, their powers under those provisions shall continue with respect to him until the completion of the course.

Modifications etc. (not altering text)

C27 Ss. 24–26 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

25 Power of local authority to guarantee indentures and other deeds of apprenticeship etc., of persons in their care. S

While a person is in the care of a local authority by virtue of any enactment, the local authority may undertake any obligation by way of guarantee under any indentures or other deed of apprenticeship or articles of clerkship entered into by that person; and where the local authority have undertaken any such obligation under any such deed or articles they may at any time (whether or not the person concerned is still in their care) undertake the like obligation under any such deed or articles supplemental thereto.

Modifications etc. (not altering text)

C28 Ss. 24–26 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

[F134 25A Restriction on removal of child from care of voluntary organisation. S

(1) Section 17(8) of this Act shall apply in relation to a child who is not in the care of a local authority under section 15 of this Act but who is in the care of a voluntary organisation, as it applies by virtue of subsection (3A) of the said section 15 to a child in the care of a local authority except that, in the case of a child who is not in the care of a local authority, references in subsection (3A) to a local authority shall be construed as references to the voluntary organisation in whose care the child is.

(2) For the purposes of this section, a child is in the care of a voluntary organisation if the voluntary organisation is providing accommodation for the child in a residential establishment or has boarded out the child.]

Textual Amendments

F134 S. 25A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 81

Modifications etc. (not altering text)

C29 Ss. 24–26 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

26 After-care of children formerly in care of local authorities or voluntary organisations. S

(1) Where it comes to the knowledge of a local authority that there is in their area any child over school age who at the time when he ceased to be of that age or at any subsequent time was, but is no longer,—

(a) in the care of a local authority, or

(b) in the care of a voluntary organisation,

then, unless the authority are satisfied that the welfare of the child does not require it, they shall be under a duty so long as he has not attained the age of eighteen to advise, guide or assist him:

Provided that where in a case falling within paragraph (b) of this subsection the local authority are satisfied that the voluntary organisation have the necessary facilities, the local authority may make arrangements whereby, while the arrangements continue in force, he shall be advised, guided or assisted by the voluntary organisation instead of by the local authority.

(2) Where a child over school age—

(a) ceases to be in the care of a local authority under section 15 of this Act and proposes to reside in the area of another local authority, or

(b) ceases to be in the care of a voluntary organisation,

the authority or organisation shall inform the local authority for the area in which the child proposes to reside.

(3) Where it comes to the knowledge of a local authority or a voluntary organisation that a child whom they have been advising, guiding or assisting in pursuance of this section proposes to transfer or has transferred his residence to the area of another local authority, the first-mentioned local authority or, as the case may be, the voluntary organisation shall inform the other local authority.

Modifications etc. (not altering text)

C30 S. 24-26 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

Supervision and care of persons put on probation or released from prisons etc. S

[F135 27 Supervision and care of persons put on probation or released from prisons etc. S

(1) It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—

(a) making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case

[F136 (aa) making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;

(ab) making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;]

(b) the supervision of, and the provision of advice, guidance and assistance for—

(i) persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and

(ii) persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment.

[F137 and(iii) without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community service order under [F138 section 238 of the Criminal Procedure (Scotland) Act 1995] or a probation order which includes a requirement that the offender shall perform unpaid work][F139 ; and]

F139 [(iv) without prejudice to paragraphs (i) to (iii) above, persons in their area who are subject to supervised attendance orders under [F140 section 235 of the said Act of 1995].] [F141 ; and]

[F142 (v) without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995; and

(vi) persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person; and

(vii) persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; and]

[F141 (c) the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.]

(2) For the purposes of the foregoing subsection every local authority shall, after consultation with the sheriffs having jurisdiction in their area, prepare a scheme (hereinafter referred to as a [F143 probation, community service and supervised attendance scheme]) and submit it by such date, as he may require, to the Secretary of State for his approval.

(3) A [F143 probation, community service and supervised attendance scheme] shall make provision with regard to the following matters—

(a) the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;

[F144 (aa) the matters to be included in such a report;]

(b) arrangements for the attendance of officers of the local authority at the court;

(c) arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to [F145 a committee or sub-committee of such authorities];

(d) arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and

(e) such other matters as the local authority considers relevant to the service to be provided.

(4) The Secretary of State may approve a [F143 probation, community service and supervised attendance scheme] with or without modifications.

(5) A local authority may apply to the Secretary of State for the revision of a [F143 probation, community service and supervised attendance scheme] and, if the Secretary of State so requires, shall prepare and submit to the Secretary of State for his approval a revised scheme or a modification of an existing scheme.

(6) Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.

(7) Section 11 of and Schedule 3 to the M33 Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.]

Textual Amendments

F135 Word and s. 27(1)(b)(iii) added by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), Sch. 2 para. 1(a)

F136 S. 27(1)(aa)(ab) inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(4)(a) (which insertion fell (1.8.1997) by reason of the repeal of 1995 c. 40, Sch. 4 para. 6(4)(a) by 1997 c. 48, s. 62(2), Sch. 3; S.I. 1997/1712, art. 3, Sch.)

F137 Word and s. 27(1)(b)(iii) added by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), Sch. 2 para. 1(a)

F138 Words in s. 27(1)(b)(iii) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(4)(b)

F139 S. 27(1)(b)(iv) and the word “; and” immediately preceding it inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(a); S.I. 1991/850, art. 3, Schedule

F140 Words in s. 27(1)(b)(iv) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(4)(c)

F141 S. 27(1)(c) and the word “; and” immediately preceding it added (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(a); S.I. 1991/850, art. 3, Schedule

F142 S. 27(1)(b)(v)-(vii) inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(4)(d) (which insertion fell (1.8.1997) by reason of the repeal of 1995 c. 40, Sch. 4 para. 6(4)(d) by 1997 c. 48, s. 62(2), Sch. 3; S.I. 1997/1712, art. 3, Sch.)

F143 Words in s. 27(4) substituted (1.4.1991) by virtue of Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(b); S.I. 1991/850, art. 3, Schedule

F144 S. 27(3)(aa) inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(b); S.I. 1991/850, art. 3, Schedule

F145 Words in s. 27(3)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(9); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C31 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M33 1949 c. 94.

[F146 27A Grants in respect of community service facilities S

[F147 (1)] The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in providing a service

[F148 (a) for the purposes mentioned in section 27(1) of this Act; and

(b) for such other similar purposes as the Secretary of State may prescribe.

(2) Before exercising his power under subsection (1)(b) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.]]

Textual Amendments

F146 S. 27A inserted by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 9

F147 In s. 27A “(1)” inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(5)(a); S.I. 1991/850, art. 3, Schedule

F148 S. 27A(1)(a)(b)(2) substituted (1.4.1991) for words by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(5)(b); S.I. 1991/850, art. 3,Schedule

[F149 27B Grants in respect of hostel accommodation for persons under supervision. S

[F150 (1)] The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority under this Act in—

(a) providing; or

(b) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,

residential accommodation wholly or mainly for the persons mentioned in [F151 subsection (2) below.

(2) The persons referred to in subsection (1) above are–

(a) persons mentioned in section 27(1)(b)(i) and (ii) of this Act;

(b) persons who have been charged with an offence and are on bail;

(c) persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and

(d) such other classes of persons as the Secretary of State may prescribe.

(3) Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.]]

Textual Amendments

F149 S. 27B inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 79

F150 In s. 27B “(1)” inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(6)(a); S.I. 1991/850, art. 3, Schedule

F151 S. 27B(2)(3) and the words “subsection (2) below.” preceding them substituted (1.4.1991) for words by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(6)(b); S.I. 1991/850, art. 3,Schedule

Ancillary S

28 Burial or cremation of the dead. S

(1) A local authority may cause to be buried or cremated the body of any deceased person who immediately before his death was in the care of, or receiving assistance from [F152 or was a child being looked after by,], the authority:

Provided that the authority shall not cause the body to be cremated where cremation is not in accordance with the practice of the person’s religious persuasion.

(2) An authority may recover from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death expenses incurred under subsection (1) of this section . . . F153

[F154 (3) In subsection (1) of this section, the reference to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.]

Textual Amendments

F152 Words in s. 28(1) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(12)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F153 Words repealed by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 11

F154 S. 28(3) added (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(12)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Modifications etc. (not altering text)

C32 S. 28 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

29 Power of local authority to defray expenses of parent, etc., visiting persons or attending funerals. S

(1) A local authority may make payments to any parent, relative or other person connected with [F155 —

(a) a person, other than a child, in the care of the authority or receiving assistance from the authority; or

(b) a child who is being looked after by the authority,

in respect] of travelling, subsistence or other expenses incurred by the parent, relative or other person in visiting the person [F156 or child], if it appears to the authority that the parent, relative or other person would not otherwise be able to visit [F157 him] without undue hardship and that the circumstances warrant the making of the payments.

(2) A local authority may make the like payments and in the like circumstances to any parent, relative or other person connected with [F158 —

(a) a person, other than a child, who had been in the care of the authority or receiving assistance from the authority; or

(b) a child who had been looked after by the authority,

for] the purpose of that parent, relative or other person attending the funeral of the person.

[F159 (3) In subsections (1) and (2) above, references to a child looked after by a local authority shall be construed as is mentioned in subsection (3) of section 28 of this Act.]

Textual Amendments

F155 Words in s. 29(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F156 Words in s. 29(1) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F157 Word in s. 29(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(iii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F158 Words in s. 29(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F159 S. 29(3) added (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Modifications etc. (not altering text)

C33 S. 29 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3)

[F160 Part III S Children in need of Compulsory Measures of Care]

Textual Amendments

F160 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 ((with savings in ss. 103(1), 105(3), Sch. 3 para. 8)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3))

Modifications etc. (not altering text)

C34 Pt. III extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 168, 296(3), 364

[F161 30 Definition of child and parent for Part III. S

(1) Except where otherwise expressly provided, a child for the purposes of this Part of this Act means—

(a) a child who has not attained the age of sixteen years;

(b) a child over the age of sixteen years who has not attained the age of eighteen years and in respect of whom a supervision requirement of a children’s hearing is in force under this Part of this Act;

(c) a child whose case has been referred to a children’s hearing in pursuance of Part V of this Act.

[F162 and for the purposes of the application of this Part of this Act to a person who has failed to attend school regularly without reasonable excuse includes a person who is over the age of sixteen years but who is not over school age.]

(2) For the said purposes the expression “parent” includes a guardian.

[F163 (3) Where a child attains the age of sixteen years after the date on which a children’s hearing first sit to consider his case, but before the date of the conclusion of the proceedings on his case, the provisions of this Part of this Act and of statutory instrument made thereunder shall continue to apply to him in relation to that case as if he had not attained that age.]]

Textual Amendments

F161 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F162 Words added by Education (Scotland) Act 1969 (c. 49), Sch. 2 Pt. II para. 5 (that 1969 Act has been repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5)

F163 S. 30(3) added by Social Work (Scotland) Act 1972 (c. 24, SIF 81:3), s. 1

Modifications etc. (not altering text)

C35 S. 30(2) modified (22.8.1996) by S.I. 1996/2203, art. 5A (which art. 5A was inserted (19.1.1997) by S.I. 1997/137, art. 2)

31 Restriction on prosecution of children for offences. S

F164 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165

(3) Part IV of the M34 Children and Young Persons (Scotland) Act 1937 shall have effect subject to the amendments set out in Schedule 2 to this Act.

Textual Amendments

F164 S. 31(1) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5

F165 S. 31(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I and Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) expressed to be repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Marginal Citations

M34 1937 c. 37.

[F166 32 Children in need of compulsory measures of care. S

(1) A child may be in need of compulsory measures of care within the meaning of this Part of this Act if any of the conditions mentioned in the next following subsection is satisfied with respect to him.

(2) The conditions referred to in subsection (1) of this section are that—

(a) he is beyond the control of his parent; or

[F167 (b) he is falling into bad associations or is exposed to moral danger; or

(c) lack of parental care is likely to cause him unnecessary suffering or seriously to impair his health or development; or]]

(d) any of the offences mentioned in Schedule 1 to the [F168 M35 Criminal Procedure (Scotland) Act 1975] has been committed in respect of him or in respect of a child who is a member of the same household; or

[F169 (dd) the child is, or is likely to become, a member of the same household as a person who has committed any of the offences mentioned in Schedule 1 to the M36 Criminal Procedure (Scotland) Act 1975; or]

(e) the child, being a female, is a member of the same household as a female in respect of whom an offence which constitutes the crime of incest has been committed by a member of that household; or

(f) he has failed to attend school regularly without reasonable excuse; or

(g) he has committed an offence; or

[F170 (gg) he has misused a volatile substance by deliberately inhaling, other than for medicinal purposes, that substance’s vapour; or]

(h) he is a child whose case has been referred to a children’s hearing in pursuance of Part V of this Act.

[F171 (i) he is in the care of local authority and his behaviour is such that special measures are needed for his adequate care and control.]

(3) For the purposes of this Part of this Act “care” includes protection, control, guidance and treatment.

Textual Amendments

F166 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F167 S. 32(2)(b)(c) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 54(a)

F168 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 54(b)

F169 S. 32(2)(dd) inserted by Children Act 1975 (c. 72, SIF 49:1, 10), Sch. 3 para. 54(c)

F170 S. 32(2)(gg) inserted by Solvent Abuse (Scotland) Act 1983 (c. 33, SIF 81:3), s. 1

F171 S. 32(2)(i) inserted (30.1.1984) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 8(1)

Marginal Citations

M35 1975 c. 21.

M36 1975 c. 21.

[F172 33 Formation of children’s panels. S

(1) A panel (to be called “the children’s panel”) shall be formed for every local authority area for the purposes of this Part of this Act.

(2) Schedule 3 to this Act shall have effect with respect to the number, qualifications, appointment and tenure of office of members of a children’s panel.

(3) A local authority shall cause to be published a list of the names and addresses of members of the children’s panel for their area, and that list shall be open for public inspection at all reasonable times at the [F173 principal offices]] of the local authority, and at any place where an electors list for the locality is exhibited.

Textual Amendments

F172 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F173 Words in s. 33(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(10); S.I. 1996/323, art. 4(1)(b)(c)

[F174 34 Children’s hearings. S

(1) Sittings of members of the children’s panel, hereinafter referred to as children’s hearings, shall be constituted from the panel in accordance with the provisions of this section to perform, in respect of children who may require compulsory measures of care, the functions assigned to those hearings by this Part of this Act.

(2) A children’s hearing shall consist of a chairman and two other members and shall have both a man and a woman among the members.

F175 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F174 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F175 S. 34(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(11), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

[F176 F177 34A Safeguarding of interests of children before children’s hearings etc. S

(1) In any proceedings—

(a) before a children’s hearing;

(b) before the sheriff on an application under section 42(2)(c) of this Act;

(c) before the sheriff on an appeal under section 49 or 51 of this Act,

the chairman (in the case of proceedings referred to in paragraph (a) above) or the sheriff (in any other case)—

(i) shall consider whether it is necessary for the purpose of safeguarding the interests of the child in the proceedings, because there is or may be a conflict, on any matter relevant to the proceedings, between the interests of the child and those of his parent, to appoint a person to act for that purpose; and

(ii) without prejudice to any existing power to appoint a person to represent the interests of the child, may, if he thinks fit, appoint a person to act for the purpose specified in paragraph (i) above.

(2) The power to make rules under—

(a) section 35(4) of this Act,

(b) section 32 of the M37 Sheriff Courts (Scotland) Act 1971,

shall include power to make rules providing for—

(i) the procedure in relation to the disposal of matters arising under this section;

(ii) appointment under subsection (1) of this section, the functions of a person so appointed and any right of such a person to information relating to the proceedings in question.

(3) The expenses of a person appointed under subsection (1) of this section shall—

(a) in so far as reasonably incurred by him in safeguarding the interests of the child in the proceedings, and

(b) except in so far as otherwise defrayed in terms of regulations made under section 103(2) of the M38 Children Act 1975,

be borne by the local authority for whose area the children’s panel from which the relevant children’s hearing has been constituted is formed.

(4) For the purposes of subsection (3) of this section, “relevant children’s hearing” means—

(a) in the case of proceedings referred to in subsection (1)(a) of this section, the children’s hearing;

(b) in the case of proceedings referred to in subsection (1)(b) of this section, the children’s hearing who have directed the application;

(c) in the case of proceedings referred to in subsection (1)(c) of this section, the children’s hearing whose decision is being appealed against.]

Textual Amendments

F176 S. 34A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), ss. 66, 108(2)

F177 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

Marginal Citations

M37 1971 c. 58.

M38 1975 c. 72.

[F178 35 Provisions as to time, place, privacy and notification of children’s hearings. S

(1) Any children’s hearing shall be conducted in private, and, subject to the provisions of any rules made under this section, no person other than a person whose presence is necessary for the proper consideration of the case which is being heard, or whose presence is permitted by the chairman, shall be present.

(2) The chairman shall take all reasonable steps to ensure that the number of persons present at a children’s hearing at any one time is kept to a minimum.

(3) Nothing in the foregoing provisions of this section, or in any rules made thereunder, shall operate to prevent a member of the Council on Tribunals, or of the Scottish Committee of that Council, attending any children’s hearing, or shall authorise the exclusion of bona fide representatives of a newspaper or news agency.

(4) The Secretary of State may make rules for the constituting and arranging of children’s hearings and for regulating the procedure of those hearings.

(5) Without prejudice to the generality of the last foregoing subsection, rules under that subsection may make provision with respect to—

(a) notification of the time and place of a children’s hearing to the child and his parent [F179 and to such other persons as may be prescribed;]]

(b) the statement of the grounds for the referral of the case to a children’s hearing and the rights of the child and his parent to dispute the said grounds;

(c) the right to appeal to the sheriff against a decision of a children’s hearing and the notification of the procedure before him;

(d) the right of the child and his parent to be represented at the children’s hearing;

(e) the entitlement of the child and his parent to the refund of such expenses as may be prescribed in connection with the children’s hearing and any proceedings arising therefrom;

(f) persons whose presence shall be permitted at a children’s hearing;

(g) the continuation of a children’s hearing for further investigation of a case before that hearing and the number and duration of such continuations.

Textual Amendments

F178 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F179 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 55

F181 36 [F180 The [F180 Principal Reporter]] and deputies. S

F182 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F183 (2) The qualifications of a [F184 Principal Reporter] shall be such as the Secretary of State may prescribe.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

F186 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F187 (5) A reporter shall not, except with the consent of the Scottish Children’s Reporter Administration, be employed by a local authority.]

[F188 (5A) In subsections (2) and (5) above, “reporter” means the Principal Reporter or any officer of the Scottish Children’s Reporter Administration to whom there is delegated, under section 131(1) of the M39 Local Government etc. (Scotland) Act 1994 any function of the Principal Reporter under this Part of this Act or under the Criminal Procedure (Scotland) Act 1975.]

F189 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

(8) The Secretary of State may make rules in relation to the [F190 functions of the Principal Reporter under this Act and under the Criminal Procedure (Scotland) Act 1975].

Textual Amendments

F180 S. 36: words in cross heading substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F181 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F182 S. 36(1) repealed (1.4.1996) by 1994 c. 39, ss. 127, 128(8), 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F183 S. 36(2) substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 185(b)

F184 Words in s. 36(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(10); S.I. 1996/323, art. 4(1)(b)(c)

F185 S. 36(3)(7) repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29

F186 S. 36(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(12)(a), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F187 S. 36(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(12)(b); S.I. 1996/323, art. 4(1)(b)(c)

F188 S. 36(5A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(12)(c); S.I. 1996/323, art. 4(1)(b)(c)

F189 S. 36(6) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(12)(d), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F190 Words in s. 36(8) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(12)(e); S.I. 1996/323, art. 4(1)(b)(c)

Marginal Citations

M39 1975 c. 21.

[F191 F192 36A Power of reporters to conduct proceedings before a sheriff. S

The Secretary of State and the Lord Advocate may, by regulations—

(a) empower [F193 the reporter, whether or not he is an advocate or solicitor], to conduct before a sheriff—

(i) any proceedings which, under this Act are heard by the sheriff in chambers;

(ii) any application under section 37 or 40 of this Act in relation to a warrant;

(b) prescribe such requirements as they think fit as to qualifications, training or experience necessary for any [F194 reporter] to be so empowered.]

[F195 In this section, “reporter” has the same meaning as it has in subsections (2) and (5) of section 36 of this Act.]

Textual Amendments

F191 S. 36A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 82

F192 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F193 Words in s. 36A(a) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(13)(a); S.I. 1996/323, art. 4(1)(b)(c)

F194 Word in s. 36A(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(13)(b); S.I. 1996/323, art. 4(1)(b)(c)

F195 Words in s. 36A(b) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(13)(c); S.I. 1996/323, art. 4(1)(b)(c)

[F196 37 Reports of cases of children who may require compulsory measures of care and the interim detention of such children in places of safety. S

(1) Where any person has reasonable cause to believe that a child may be in need of compulsory measures of care he may give to the [F197 Principal Reporter]] such information about the child as he may have been able to discover.

[F198 (1A) Where a local authority receive information suggesting that a child may be in need of compulsory measures of care, they shall—

(a) cause enquiries to be made into the case unless they are satisfied that such enquiries are unnecessary; and

(b) if it appears to them that the child may be in need of compulsory measures of care, give to the [F197 Principal Reporter] such information about the child as they may have been able to discover.]

[F199 (2) A constable or any person authorised by any court or by any justice of the peace may take to a place of safety any child—

(a) in respect of whom any of the offences mentioned in Schedule 1 to the M40 Criminal Procedure (Scotland) Act 1975 has been or is believed to have been committed; or

(b) who is a member of the same household as a child in respect of whom such an offence has been or is believed to have been committed; or

(c) who is, or is likely to become, a member of the same household as a person who has committed or is believed to have committed such an offence; or

(d) in respect of whom an offence under section 21(1) of the Children and Young Persons (Scotland) Act 1937 has been or is believed to have been committed; or

(e) who is likely to be caused unnecessary suffering or serious impairment of health because there is, or is believed to be, in respect of the child a lack of parental care,

and any child so taken to a place of safety or any child who has taken refuge in a place of safety may be detained there until arrangements can be made for him to be brought before a children’s hearing under the following provisions of this Part of this Act; and, where a child is so detained, the constable or the person authorised as aforesaid or the occupier of the place of safety shall forthwith inform the [F197 Principal Reporter] of the case.]

(3) A child shall not continue to be detained under the last foregoing subsection—

(a) where the [F197 Principal Reporter] considers the child does not require compulsory measures of care, or

(b) after the day on which a children’s hearing first sit to consider his case in pursuance of the next following subsection, or

(c) for a period exceeding seven days.

(4) Where a child has been detained in a place of safety under subsection (2) of this section or under [F200 section 14(1), 296(3) or 323(1) of the said Act of 1975], and the [F197 Principal Reporter] considers that the child may be in need of compulsory measures of care, he shall, wherever practicable, arrange a children’s hearing to sit not later than in the course of the first lawful day after the commencement of the child’s detention to consider the case under this Part of this Act, and, if that hearing are unable to dispose of the case and are satisfied that his further detention is necessary in his own interest, or have reason to believe that he will run away during the investigation of his case, they may issue a warrant requiring the child to be detained in any place of safety for such a period not exceeding twenty-one days as may be necessary.

(5) On cause shown a warrant authorising detention under the last foregoing subsection may be renewed [F201 by a children’s hearing], on one occasion only, for the period mentioned in that subsection on the application of the [F197 Principal Reporter].

[F202 (5A) Where a warrant has been renewed under subsection (5) of this section but it appears to the [F197 Principal Reporter]—

(a) that the children’s hearing will not be able to dispose of the child’s case before the expiry of the period of detention required by the warrant as renewed; and

(b) that further detention of the child is necessary in the child’s own interest,

the [F197 Principal Reporter] may apply to the sheriff for a warrant requiring the child to be detained in a place of safety for such a period not exceeding twenty-one days as may be necessary and the sheriff may issue such a warrant if he is satisfied that such detention is necessary in the child’s own interest.

(5B) On cause shown a warrant authorising detention under subsection (5A)

of this section may be renewed by the sheriff on one occasion only, for the period mentioned in that subsection on the application of the [F197 Principal Reporter].]

(6) In this section any reference to a justice of the peace includes a reference to a sheriff and to a magistrate.

Textual Amendments

F196 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F197 Words in s. 37(1)(1A)(b)(2)(3)(a)(4)(5)(5A)(5B) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F198 S. 37(1A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 83(a)

F199 S. 37(2) subsititued by Children Act 1975 (c. 72, SIF 49:9, 10), s. 83(b)

F200 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 461(1), Sch. 9 para. 42

F201 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 83(c)

F202 S. 37(5A)(5B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 83(d)

Marginal Citations

M40 1975 c. 21.

F204 38 [F203 Initial investigation of cases by [F203 Principal reporter]]. S

(1) Where [F205 the Principal Reporter] receives information from any source of a case which may require a children’s hearing to be arranged he shall, after making such initial investigation as he may think necessary, proceed with the case in accordance with the provisions of the next following section.

[F206 (1A) For the purposes of making any initial investigation under subsection (1) above, the Principal Reporter may request from the local authority a report on the child and his social background and it shall be the duty of the authority to supply the report which may contain information from any such person as the Principal Reporter or the local authority may think fit.

(1B) A report requested under subsection (1A) above may contain information additional to that given by the local authority under section 37(1A)(b) of this Act.]

(2) Paragraph (b) of section 17(1) of the M41 Police (Scotland) Act 1967 shall, in relation to a child to whom this Part of this Act applies, have effect as if that paragraph imposed a requirement on constables of a police force to make the reports required there by to [F205 the Principal Reporter] in addition to the appropriate prosecutor.

Textual Amendments

F203 S. 38: words in the cross heading substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F204 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F205 Words in s. 38(1)(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(14)(a)(b); S.I. 1996/323, art. 4(1)(b)(c)

F206 S. 38(1A)(1B) inserted (1.4.1996) by 1994 c. 39, s. 139(1); S.I. 1996/323, art. 4(1)(a), Sch. 1

Marginal Citations

M41 1967 c. 77.

F208 39 [F207 Action on initial investigation by [F207 Principal reporter]]. S

(1) Where the [F209 Principal Reporter] decides that no further action on the case is required, he shall, where he considers this to be the proper course, so inform the child and his parent and the person who brought the case to his notice, or any of those persons.

(2) Where the [F209 Principal Reporter] considers it to be the proper course, he shall refer the case to the local authority with a view of their making arrangements for the advice, guidance and assistance of the child and his family in accordance with Part II of this Act.

(3) Where it appears to the [F209 Principal Reporter] that the child is in need of compulsory measures of care, he shall arrange a children’s hearing to whom the case shall stand referred for consideration and determination.

(4) Where the [F209 Principal Reporter]has arranged a children’s hearing in pursuance of the last foregoing subsection, he shall request from the local authority ; a report on the child and his social background and it shall be the duty of the authority to supply the report which may contain information from any such person as the [F209 Principal Reporter] or the local authority may think fit.

[F210 (4A) A report requested under subsection (4) above may contain information additional to that given in a report under section 38(1A) of this Act.]

(5) Where the [F209 Principal Reporter] has decided that no further action on the case is required, or has taken action in pursuance of subsection (2) of A this section, he shall not thereafter take action under subsection (3) of this section in relation to the same facts.

Textual Amendments

F207 S. 39: words in cross heading substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F208 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F209 Words in s. 39(1)-(4)(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F210 S. 39(4A) inserted (1.4.1996) by 1994 c. 39, s. 139(2); S.I. 1996/323, art. 4(1)(a), Sch. 1

[F211 40 Attendance of child at children’s hearing. S

(1) Where a child has been notified by virtue of section 35 of this Act that his case has been referred to a children’s hearing, he shall be under an obligation to attend that hearing in accordance with the notification.

(2) Without prejudice to the provisions of section 42(1)

of this Act, where a children’s hearing are satisfied in a case concerned with an offence mentioned in [F212 Schedule 1 to the M42 Criminal Procedure (Scotland) Act 1975]] that the attendance of a child is not necessary for the just hearing of that case, or in any case where they are satisfied that it would be detrimental to the interest of the child to be present at the hearing of his case, the case, in whole or in part, may be considered in the absence of the child.

(3) The [F213 Principal Reporter] shall be responsible for securing the attendance of a child at the hearing of his case before a children’s hearing and at any subsequent hearing to which the case is continued.

(4) For the purpose of the last foregoing subsection, or where a child fails to attend at any hearing of his case, a children’s hearing may, at the instance of the [F213 Principal Reporter] on cause shown, or, as the case may be, of their own motion, issue a warrant for the apprehension of the child if satisfied of the necessity for such a course, and any warrant so issued shall be authority for bringing him before a children’s hearing and for his detention in a place of safety.

(5) A child shall not continue to be detained under the last foregoing subsection—

(a) after the day on which a children’s hearing first sit to consider his case in pursuance of the next following subsection, or

(b) for a period exceeding seven days.

(6) Where a child is apprehended in pursuance of subsection (4)

of this section, and he cannot immediately be brought before a children’s hearing, the [F213 Principal Reporter] shall, wherever practicable, arrange a children’s hearing to sit not later than in the course of the first lawful day after the apprehension of the child.

[F214 (7) Where a children’s hearing before whom a child is brought are unable to dispose of his case and—

(a) have reason to believe that the child may not attend at any hearing of his case, or at any proceedings arising from the case or may fail to comply with a requirement under section 43(4) of this Act; or

(b) are satisfied that detention of the child is necessary in his own interest,

they may issue a warrant requiring the child to be detained in a place of safety for such a period not exceeding twenty-one days as may be necessary.]

[F215 (8) On cause shown a warrant authorising detention under subsection (7)

of this section may be renewed by a children’s hearing on one occasion only, for the period mentioned in that subsection, on the application of the [F213 Principal Reporter].]

[F216 (8A) Where a warrant has been renewed under subsection (8) of this section but it appears to the [Principal Reporter]—

(a) that the children’s hearing will not be able to dispose of the child’s case before the expiry of the period of detention required by the warrant as renewed; and

(b) that further detention of the child is necessary in the child’s own interest,

the [F213 Principal Reporter] may apply to the sheriff for a warrant requiring the child to be detained in a place of safety for such a period not exceeding twenty-one days as may be necessary, and the sheriff may issue such a warrant if he is satisfied that such detention is necessary in the child’s own interest.

(8B) On cause shown, a warrant authorising detention under subsection (8A)

of this section may be renewed by the sheriff on one occasion only, for the period mentioned in that subsection, on the application of the [F213 Principal Reporter].]

(9) A warrant of apprehension issued under this Part of this Act may be executed in like manner as a warrant of apprehension of an accused person issued by a court of summary jurisdiction, and any enactment relating to the execution of a warrant of apprehension issued by a court of summary jurisdiction shall, with any necessary modifications, apply in relation to the execution of a warrant of apprehension issued under this Part of this Act as it applies to a warrant of apprehension issued by a court of summary jurisdiction.

Textual Amendments

F211 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F212 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 460(1)(b)

F213 Words in s. 40(3)(4)(6)(8)(8A)(8B) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F214 S. 40(7) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 84(a)

F215 S. 40(8) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 84(b)

F216 S. 40(8A)(8B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 84(c)

Marginal Citations

M42 1975 c. 21.

[F217 41 Attendance of parent at children’s hearing. S

(1) A parent of a child shall have a right to attend at all stages of a children’s hearing who are considering the case of his child.

(2) When a child’s case is being considered by a children’s hearing his parent shall attend at all stages of the hearing unless the children’s hearing are satisfied that it would be unreasonable to require his attendance or that his attendance would be unnecessary to the consideration of the case.

(3) Any person who fails to comply with the provisions of the foregoing subsection shall be guilty of an offence and shall on summary conviction be liable to a fine not exceeding [F218 level 3 on the standard scale]].

Textual Amendments

F217 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F218 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

[F219 42 Conduct of children’s hearing and application to sheriff for findings. S

(1) Subject to the provisions of subsections (7)

and (8) of this section, at the commencement of a children’s hearing, and before proceeding to the consideration of the case, it shall be the duty of the chairman to explain to the child and his parent the grounds stated by the [F220 Principal Reporter] for the referral of the case for the purpose of ascertaining whether these grounds are accepted in whole or in part by the child and his parent.

(2) Thereafter—

(a) where the child and his parent accept the grounds stated by the [F220 Principal Reporter] for the referral the hearing shall proceed;

(b) where the child and his parent accept those grounds in part and the children’s hearing consider it proper so to do the hearing may proceed in respect of the grounds so accepted; and

(c) in any other case, unless they decide to discharge the referral, the children’s hearing shall direct the [F220 Principal Reporter] to make application to the sheriff for a finding as to whether such grounds for the referral, as are not accepted by the child or his parent, are established having regard to the provisions of section 32 of this Act.

[F221 (2A) Where the ground for referral is that the child is in need of compulsory measures of care because he has committed an offence, the sheriff to whom an application under subsection (2)(c) above shall be made shall be the sheriff who would have jurisdiction if the child were being prosecuted for that offence.]

(3) It shall be the duty of the chairman of a children’s hearing who have made a direction under the last foregoing subsection to explain to the child and his parent the purpose for which the application to the sheriff is being made, and to inform the child that he is under an obligation to attend the hearing of the application, and where a child fails to attend at the hearing of the application the sheriff may issue a warrant for the apprehension of the child; and any warrant so issued shall be authority for bringing him before the sheriff and for his detention in a place of safety until the sheriff can hear the application, but a child shall not be detained under this subsection [F222 after whichever is the earlier of the following—

(a) the expiry of 14 days beginning with the day on which he was first detained;

(b) the disposal of the application by the sheriff.]

(4) An application under subsection (2) of this section shall be heard by the sheriff in chambers within twenty-eight days of the lodging of the application and, without prejudice to their right to legal representation, a child or his parent may be represented at any diet fixed by the sheriff for the hearing of the application.

(5) Where a sheriff decides that none of the grounds in respect of which the application has been made has been established for the referral of a case to a children’s hearing, he shall dismiss the application and discharge the referral in respect of those grounds.

(6) [F223 Subject to subsection (6A) of this section,] Where the sheriff is satisfied on the evidence before him that any of the grounds in respect of which the application has been made has been established

[F224 (a)] he shall remit the case to the [F220 Principal Reporter] to make arrangements for a children’s hearing for consideration and determination of the case [F225 ; and

(b) if he is satisfied that detention of the child is necessary in his own interest or has reason to believe that the child will run away before the children’s hearing sit to consider the case, he may issue a warrant requiring the detention of the child until the children’s hearing sit to consider the case, but a child shall not be detained under this subsection after whichever is the earlier of the following–

(i) the expiry of 3 days beginning with the day on which he was first detained;

(ii) the consideration of his case by the children’s hearing.]

, and where a ground for the referral of the case is the condition referred to in section 32(2)(g) of this Act, the sheriff in hearing the application shall apply to the evidence relating to that ground the standard of proof required in criminal procedure.

[F226 (6A) Notwithstanding the provisions of subsection (2)(c) of this section, where, in the course of the proceedings before the sheriff, the child and his parent accept any of the grounds in respect of which the application has been made, the sheriff may dispense with the hearing of evidence relating to that ground unless he is satisfied that in all the circumstances such evidence should be heard, and deem that ground to have been established for the purposes of this section.]

(7) Where a children’s hearing are satisfied that the child for any reason is not capable of understanding the explanation of the grounds of referral required by subsection (1) of this section, or in the course of, or at the conclusion of that explanation, it appears not to be understood by the child, the hearing shall, unless they decide to discharge the referral, direct the [F220 Principal Reporter] to make application to the sheriff for a finding as to whether any of the grounds for the referral have been established, and the provisions of this section relating to an application to the sheriff under subsection (2)(c) thereof shall apply as they apply to an application under that subsection [F227 except that where any of the grounds for the referral are accepted by the child’s parent, whether or not accepted by the child, then, notwithstanding subsection (6A) of this section, the sheriff may dispense with the hearing of evidence relating to that ground if he is satisfied that in all the circumstances it would be reasonable to do so.]

(8) The acceptance by a parent of the grounds of referral shall not be a requirement to proceeding with a case under this section where the parent is not present.]

Textual Amendments

F219 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F220 Words in s. 42(1)(2)(a)(c)(6)(a)(7) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F221 S. 42(2A) inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 21

F222 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 25(1)

F223 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para 8(a)

F224 “(a)” inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 25(2)(a)

F225 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 25(2)(b)

F226 S. 42(6A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para.8(b)

F227 Words added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 8(c)

Modifications etc. (not altering text)

C36 S. 42 extended by Rehabilitation of Offenders Act 1974 (c. 53, SIF 39:1), s. 3

[F228 43 Discharge of referral and power of children’s hearing to order further investigation after consideration of the facts. S

(1) When a children’s hearing have considered the grounds for the referral of a case, accepted or established under the last foregoing section, the report obtained under section 39(4) of this Act and such other relevant information as may be available to them, they shall proceed in accordance with the subsequent provisions of this section to consider on what course they should decide in the best interests of the child.

(2) Where a children’s hearing decide that no further action is required they shall discharge the referral.

(3) Where a children’s hearing consider that further investigation in relation to a child and his history is necessary to complete their consideration of his case they may continue the case to a subsequent hearing.

(4) For the purpose of such an investigation as aforesaid, a children’s hearing may require a child to attend or reside at any clinic, hospital or establishment during a period not exceeding twenty-one days.

(5) Where a child fails to fulfil a requirement made in pursuance of the last foregoing subsection it shall be the duty of the [F229 Principal Reporter]] to arrange a children’s hearing to consider the issue of a warrant for his detention under section 40 of this Act.

Textual Amendments

F228 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F229 Words in s. 43(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

[F230 44 Disposal of case by children’s hearing other than by discharge of referral. S

(1) Subject to the provisions of this Part of this Act a children’s hearing, where, after the consideration of his case, they decide that a child is in need of compulsory measures of care, may make a requirement, in this Act referred to as a supervision requirement, requiring him—

(a) to submit to supervision in accordance with such conditions as they may impose; or

(b) to reside in a residential establishment named in the requirement and be subject to such conditions as they may impose;

and a condition imposed by virtue of head (a) of this subsection may be a condition as to the place where the child is to reside, being a place other than a residential establishment, and the place may be a place in England or Wales where arrangements have been made in that behalf.

[F231 (1A) A supervision requirement imposing a condition as to the place where a child is to reside in England or Wales shall be a like authority as in Scotland for the person in charge of the place to restrict the child’s liberty to such an extent as that person may consider appropriate having regard to the terms of the supervision requirement.]]

(2) In making a supervision requirement requiring a child to reside in a residential establishment a children’s hearing shall have regard to the religious persuasion of the child.

(3) Without prejudice to the provisions of this Part of this Act relating to the review of supervision requirements, a children’s hearing may, where they are satisfied that such a course is proper, postpone the operation of a supervision requirement, but otherwise a supervision requirement shall have effect as from the date it is made.

(4) Where it appears to a children’s hearing that the functions of the education authority under section 63 of the M43 Education (Scotland) Act 1962 (ascertainment of children suffering from disability) may require to be exercised, they shall, in addition to any other course which they may take under this section, send a report to that effect to the education authority concerned.

(5) It shall be the duty of the local authority to give effect to a supervision requirement made by a children’s hearing for their area, and a child who is subject to such a supervision requirement shall, for the purposes of sections 16 to 18, 20 [F232 20A], 24 to 26, 28 and 29 of this Act [F233 and section 18 of the Adoption (Scotland) Act 1978 (which, amongst other things, provides that an application by an adoption agency to dispense with parental agreement to the freeing of a child for adoption is competent only where the child is in the care of the agency).], be in their care:

Provided that where the performance of a function under any of the said sections in relation to the child requires, or would be facilitated by, the variation or discharge of the supervision requirement, the local authority shall recommend a review of the requirement under this Part of this Act.

(6) In any case of urgent necessity in the interests of the child, or of the other children in a place, [F234 the chief social work officer] may direct that a child who is required to reside in that place under this section be transferred to another place.

(7) Any child transferred under the last foregoing subsection shall have his case reviewed by a children’s hearing within seven days of his transfer, in accordance with the following provisions of this Act.

(8) A supervision requirement shall be in such form as the Secretary of State may prescribe.

Textual Amendments

F230 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F231 S. 44(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 57

F232 Words inserted (prosp.) by Children Act 1975 (c. 72, SIF: 9, 10), s. 108(2), Sch. 3 para. 56

F233 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 28

F234 Words in s. 44(6) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(15); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C37 Reference in s. 44(4) to “section 63 of the Education (Scotland) Act 1962” to be construed as reference to Education (Scotland) Act 1980 (c. 44, SIF 41:2), s. 60: Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a) and Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 1

C38 S. 44(6)(7) extended by S.I. 1983/1912, reg. 6(3)

Marginal Citations

M43 1962 c. 47.

[F235 45 Rules as respects transmission of information and conveyance of children to residential establishments etc. S

The Secretary of State may make rules providing for the transmission of information regarding children who are the subject of supervision requirements to the persons who are to be in charge of them, for the temporary accommodation, where necessary, of such children, and for the conveyance of such children to residential establishments and to other places where they may be required to reside.]

Textual Amendments

F235 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

[F236 46 Children to whom Part IV of the Mental Health (Scotland) Act 1960 may apply. S

(1) Where a children’s hearing are of the opinion, after considering the case of any child, that an application for admission to hospital or a guardianship application under [F237 Part V of the Mental Health (Scotland) Act 1984]] should be made to the sheriff in respect of the child, they shall make a report to that effect to the mental health officer concerned.

(2) Nothing in the provisions of the foregoing subsection shall affect the saving for arrangements for the voluntary treatment of mental disorder contained in [F238 section 17(2) of the said Act of 1984].

Textual Amendments

F236 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F237 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 16(a)

F238 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 16(b)

[F239 47 Duration of supervision requirements and their variation. S

(1) No child shall continue to be subject to a supervision requirement for any time longer than is necessary in his interest; and where they consider that such a requirement in respect of a child should cease to have effect or should be varied, the local authority shall refer his case to [F240 the Principal Reporter]] for review of that requirement by a children’s hearing and, if the hearing think proper, they may terminate the requirement, or continue or vary the requirement, and in the last event they may make any such supervision requirement as may be made under section 44 of this Act.

(2) A supervision requirement shall cease to have effect in respect of a child when he attains the age of eighteen years and accordingly, within a period of three months ending on the day on which such a requirement will cease to have effect under this subsection, the local authority concerned shall refer the case to the [F241 Principal Reporter] so that a children’s hearing may advise whether the child still requires supervision or guidance, and in the event of the hearing so advising, the local authority shall provide such supervision or guidance as he is prepared to accept.

(3) Unless the context otherwise requires, any reference in this section and in the following provisions of this Act to a supervision requirement shall be construed as a reference to a supervision requirement which is for the time being in force in respect of a child.

Textual Amendments

F239 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F240 Words in s. 47(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(16); S.I. 1996/323, art. 4(1)(b)(c)

F241 Words in s. 47(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

[F242 48 Review of requirement of children’s hearing. S

(1) A supervision requirement shall be subject to review by a children’s hearing in accordance with the following provisions of this section.

(2) A supervision requirement shall be reviewed by a children’s hearing where a local authority so recommends.

(3) No supervision requirement shall remain in force without review for a period extending beyond one year, and where a supervision requirement is not reviewed within the period of one year from the making or continuing of the requirement it shall cease to have effect at the expiration of that period.

(4) At any time after the expiration of any of the following periods, that is to say—

(a) a period of three months from the date of the making of a supervision requirement; or

(b) a period of three months from the date of a review of a supervision requirement where such a review varies a previous requirement; or

(c) a period of six months from the date of a review of a supervision requirement which is continued by that review,

a child or his parent may require a review of the requirement.

[F243 (4A) If a supervision requirement has not been reviewed under this section during the period of nine months following the date when it was made or last reviewed (whichever is the later), the [F244 Principal Reporter]] may arrange for it to be reviewed.]

(5) It shall be the duty of the [F244 Principal Reporter] to ensure that any review required by this section is duly made and to make any necessary arrangements arising therefrom.

(6) Section 44 of this Act shall apply in relation to the disposal of a case by a children’s hearing under this section as it applies to the disposal of a case under that section.

Textual Amendments

F242 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F243 S. 48(4A) added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 29

F244 Words in s. 48(4A)(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

[F245 49 Appeal against decision of a children’s hearing. S

(1) A child or his parent or both may, within a period of three weeks beginning with the date of any decision of a children’s hearing, appeal to the sheriff in chambers against that decision, and the child or his parent or both shall be heard by the sheriff as to the reasons for the appeal.

(2) In any such appeal it shall be the duty of the [F246 Principal Reporter]] to ensure that all reports and statements available to the hearing along with the reports of their proceedings and the reasons for their decision are lodged with the sheriff clerk.

(3) [F247 The [F246 Principal Reporter], whether or not he is conducting the proceedings before the sheriff, may be examined by the sheriff; and the sheriff may examine] the authors or compilers of any reports or statements, and may call for any further report which he considers may assist him in deciding the appeal.

(4) Where the sheriff decides that an appeal under this section has failed, he shall confirm the decision of the children’s hearing.

(5) Where the sheriff is satisfied that the decision of the children’s hearing is not justified in all the circumstances of the case he shall allow the appeal, and—

(a) where the appeal is against the issue of a warrant for detention he shall recall the warrant, and

(b) in any other case, he may, as he thinks fit, remit the case with the reasons for his decision to the children’s hearing for reconsideration of their decision or discharge the child from any further hearing or other proceedings in relation to the grounds for the referral of the case.

(6) Where the sheriff is satisfied that an appeal under this section against the decision of a children’s hearing at a review is frivolous, he may order that no appeal against a decision to continue the supervision requirement, which was the subject of that appeal, made on a subsequent review shall lie until the expiration of a period of twelve months beginning with the date of the order.

(7) An appeal under this section in respect of the issue of a warrant by a children’s hearing shall be disposed of within three days of the lodging of the appeal, and failing such disposal the warrant shall forthwith cease to have effect.

(8) Where a child or his parent appeals under this section against a decision of a children’s hearing in relation to a supervision requirement, the child or his parent may make application to a children’s hearing for the suspension of the requirement appealed against, and it shall be the duty of the [F246 Principal Reporter] forthwith to arrange a children’s hearing to consider the application, and thereafter the hearing may grant or refuse the application.

Textual Amendments

F245 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F246 Words in s. 49(2)(3)(8) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F247 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 57

[F248 50 Appeal to Court of Session. S

(1) Subject to the provisions of this section, an appeal shall lie to the Court of Session, by way of stated case on a point of law or in respect of any irregularity in the conduct of the case, at the instance of a child or his parent or both or of [F249 the Principal Reporter]] acting on behalf of a children’s hearing, from any decision of the sheriff under this Part of this Act, and no other or further appeal shall be competent.

(2) An application to the sheriff to state a case for the purpose of the foregoing subsection shall be made within a period of twenty-eight days beginning with the date of his decision.

(3) On deciding the appeal the Court of Session shall remit the case to the sheriff for disposal in accordance with such directions as the Court may give.

(4) No appeal shall lie under this section in respect of a decision of a children’s hearing imposing a supervision requirement where the sole ground of the objection to that requirement is that the treatment prescribed thereby is inappropriate for the child.

Textual Amendments

F248 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F249 Words in s. 50(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(17); S.I. 1996/323, art. 4(1)(b)(c)

[F250 51 Reconsideration by hearing after appeal, and subsequent appeal. S

(1) Where the sheriff, by virtue of either of the last two foregoing sections, has remitted a case to a children’s hearing for reconsideration of their decision the [F251 Principal Reporter]] shall arrange a children’s hearing for that purpose.

(2) A child or his parent may, within a period of seven days beginning with the date of the decision of a children’s hearing on a case remitted as aforesaid, appeal against the decision, and the provisions of subsections (2) to (8) of section 49 of this Act shall apply to such an appeal as they apply to an appeal under subsection (1) of the said section.

Textual Amendments

F250 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F251 Words in s. 51(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

[F252 52 Power of Secretary of State to terminate a supervision requirement. S

Where, having regard to all the circumstances of a case and the interests of a child, the Secretary of State is satisfied that a supervision requirement in force in respect of the child should be terminated, he may by order terminate the requirement.]

Textual Amendments

F252 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F253 S

Textual Amendments

F253 S. 53 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 5 and Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) expressed to be repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3))

[F254 54 Transfer of case to another children’s hearing. S

(1) Where a children’s hearing are satisfied, in a case being heard before them, that the case could be better considered by a children’s hearing for the area of another local authority, they may at any time during the course of the hearing request the [F255 Principal Reporter]] to arrange [F256 for the other] children’s hearing to dispose of the case.

(2) Where a case has been transferred in pursuance of the last foregoing subsection, the grounds of referral accepted or established for the case shall not require to be further accepted or established for the purpose of the children’s hearing to which the case has been transferred.

Textual Amendments

F254 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F255 Words in s. 54(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F256 Words in s. 54(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(18); S.I. 1996/323, art. 4(1)(b)(c)

[F257 55 Presumption and determination of age. S

Where a person is brought before a children’s hearing they shall make inquiry as to his age, and, if it appears to the hearing that the person is a child, they shall proceed with the case, and no decision or requirement of the hearing shall be invalidated by any subsequent proof that the age of that person has not been correctly stated to the hearing, and the age presumed or declared by the hearing to be the age of the person so brought before them shall, for the purposes of this Part of this Act, be deemed to be the true age of that person, and, where it appears to the hearing that the person so brought before them has attained the age of sixteen years, that person shall, for the purposes of this Part of this Act, be deemed not to be a child except as the Act otherwise provides.]

Textual Amendments

F257 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

[F258 56 Reference and remit of children’s cases by courts to children’s hearings. S

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F259

(5) Where a court has remitted a case of a child or person [F260 under section 173 or 372 or 373 of the M44 Criminal Procedure (Scotland) Act 1975]], a certificate signed by the clerk of the court stating that the child or person has pleaded guilty to, or has been found guilty of, the offence to which the remit relates shall be conclusive evidence for the purpose of the remit that that offence has been committed by the child or person.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F259

Textual Amendments

F258 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F259 Ss. 56(1)–(4)(6), 57(1) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

F260 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 461(1), Sch. 9 para. 43

Marginal Citations

M44 1975 c. 21.

[F261 57 Reference and remit of cases of certain young persons by courts to children’s hearings. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F262

(2) Where a court has remitted a case under [F263 section 373 of the M45 Criminal Procedure (Scotland) Act 1975]] the provisions of this Part of this Act shall apply to that person as if he were a child.

Textual Amendments

F261 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F262 Ss. 56(1)–(4)(6), 57(1) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

F263 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 461(1), Sch. 9 para. 44

Marginal Citations

M45 1975 c. 21.

[F264 58 Prohibition of publication of proceedings. S

(1) Subject to the provisions of this section, no report of any proceedings in any children’s hearing, or of any proceedings before the sheriff under section 42 of this Act, or of any appeal under this Part of this Act, which is made in a newspaper or a sound or television [F265 programme included in a programme service (within the meaning of the Broadcasting Act 1990)]] shall—

(a) reveal the name, address or school; or

(b) include any particulars calculated to lead to the identification,

of any child in any way concerned in a hearing and no picture shall be published in any newspaper or television [F266 programme included in such a programme service] as being or including a picture of a child concerned as aforesaid.

(2) Any person guilty of any offence against this section shall on summary conviction be liable to a fine not exceeding [F267 level 4 on the standard scale] in respect of each offence.

(3) The Secretary of State may in any case, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (1) of this section to such extent as may be specified in the order.

(4) This section shall extend to England and Wales.

Textual Amendments

F264 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F265 Words substituted by virtue of Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 203(1), Sch. 20 para. 12(a)

F266 Words substituted by virtue of Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 203(1), Sch. 20 para. 12(b)

F267 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

[F268 F269 58A Residence in secure accommodation. S

(1) A child who is made subject to a supervision requirement under this Act may not be placed or kept in secure accommodation, except under the provisions of this Act.

(2) In this Act, “secure accommodation” means accommodation provided in a residential establishment in accordance with regulations made under section 60(1) of this Act for the purpose of restricting the liberty of children.

(3) Where a children’s hearing decide, in accordance with section 44 of this Act, that a child is in need of compulsory measures of care, and they are satisfied that either—

(a) he has a history of absconding, and—

(i) he is likely to abscond unless he is kept in secure accommodation; and

(ii) if he absconds, it is likely that his physical, mental or moral welfare will be at risk; or

(b) he is likely to injure himself or other persons unless he is kept in secure accommodation,

they may make it a condition of a supervision requirement under subsection (1)(b) of the said section 44 that the child shall be liable to be placed and kept in secure accommodation in the named residential establishment at such times as the person in charge of that establishment, with the agreement of the [F270 chief social work officer] of the local authority required to give effect to the supervision requirement, considers it necessary that he do so.

(4) The Secretary of State shall have power by regulations to make provision with respect to the placing in secure accommodation of any child—

(a) who is subject to a supervision requirement imposed under section 44 of this Act but not subject to a condition imposed under subsection (3) of this section; or

(b) who is not subject to such a supervision requirement but who is being cared for by a local authority or voluntary organisation in pursuance of such enactments as may be specified in the regulations,

and such regulations shall specify the circumstances which require to pertain before a child may be so placed under regulations made under this subsection and may specify different circumstances for different cases or classes of case.]

Textual Amendments

F268 Ss. 58A—58G inserted (30.1.1984) by Health and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 8(4)

F269 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) ceased to have effect (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F270 Words in s. 58A(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(19); S.I. 1996/323, art. 4(1)(b)(c)

[F271 58B Time limits on keeping without reference to children’s hearing. S

(1) The Secretary of State shall by regulations prescribe—

(a) the maximum period during which a child may be kept under this Act in secure accommodation without the authority of a children’s hearing or of the sheriff;

(b) the period within which the case of a child placed under this Act in secure accommodation shall be referred to the [F272 Principal Reporter]] and different periods may be prescribed in respect of different cases or classes of case.

(2) The Secretary of State shall by regulations make provision to enable a child who has been placed in secure accommodation under section 58(A)(4) of this Act or his parent to require that the child’s case be brought before a children’s hearing within a shorter period than would otherwise apply under regulations made under subsection (1)(a) of this section.

(3) Where, in any case, a [F273 children’s] hearing direct the [F272 Principal Reporter] to make application to the sheriff for a finding under section 42(2)(c) of this Act (finding that grounds for referral are established), they shall have power, if they are satisfied with regard to the criteria specified in paragraph (a) or (b) of section 58A(3) of this Act, to [F274 order that, pending the determination of his case in accordance with section 42(5) or (6) of this Act, the child shall be liable to be placed and kept in secure accommodation in a named residential establishment at such times as the person in charge of that establishment with the agreement of the [F275 chief social work officer] of the local authority for the area of the children’ s hearing, considers necessary.]

Textual Amendments

F271 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F272 Words in s. 58B(1)(b)(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F273 Word substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), ss. 23, 59, Sch. 2 para. 10

F274 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 26(a)

F275 Words in s. 58B(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(20); S.I. 1996/323, art. 4(1)(b)(c)

[F276 58C Review of secure accommodation condition. S

(1) A condition imposed under section 58A(3)

of this Act, requiring a child to reside in secure accommodation, shall be subject to review by a children’s hearing at such time as the local authority recommends and otherwise at such times and in accordance with such provisions as the Secretary of State shall by regulations prescribe.

(2) A condition to which this section applies shall be reviewed when the supervision requirement is being reviewed, and may be reviewed separately from that review.

(3) A condition to which this section applies shall cease to have effect at the expiry of the period of three months after it was made, unless it has been reviewed and the condition has been ordered to continue.

(4) A condition which is continued on review shall cease to have effect at the expiry of the period of—

(a) nine months after it is first reviewed;

(b) twelve months after the second or any subsequent review,

unless it has been reviewed and the condition has been ordered to continue.

(5) Sections 44 and 48(5)

of this Act shall apply to the review of conditions made under section 58A(3) of this Act as they apply to the review of supervision requirements.

(6) The Secretary of State may from time to time make regulations to vary the periods specified in this section.]

Textual Amendments

F276 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

Modifications etc. (not altering text)

C39 S. 58C(4) amended by S.I. 1983/1912, art. 12(3) as substituted by S.I. 1988/841, art. 8

[F277 58D Sheriff’s power to direct condition to cease to have effect. S

Where under section 49(5) of this Act (appeal against decision of children’s hearing) the sheriff is satisfied in a case in which there is in force a condition under section 58A(3) of this Act that the decision of the children’s hearing is not justified in all the circumstances of the case he shall direct that the condition shall cease to have effect.]

Textual Amendments

F277 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

[F278 58E Warrants to detain in secure accommodation. S

(1) Where the sheriff or a children’s hearing issues a warrant under any of sections 37, 40 and 42 of this Act (detention in a place of safety), he or they may, if satisfied with regard to the criteria specified in paragraph (a) or (b) of section 58A(3) of this Act, [F279 order that the child shall be liable to be placed and kept in secure accommodation in a named residential establishment at such times as the person in charge of that establishment, with the agreement of the [F280 chief social work officer]] of the local authority, considers necessary. The local authority referred to in this subsection is, in the case of a warrant issued or renewed by the sheriff, the local authority for the area of the children’s hearing which was dealing with the child in respect of whom the warrant was issued and, in the case of a warrant issued or renewed by a children’s hearing, the local authority for the area of that children’s hearing.]

(2) For the purposes of this section, the Secretary of State may make regulations amending, varying or disapplying any of the criteria specified in the said paragraphs (a) and (b) of section 58A(3) of this Act except in relation to a warrant under section 37 of this Act.

Textual Amendments

F278 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F279 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 26(b)

F280 Words in s. 58E(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(21); S.I. 1996/323, art. 4(1)(b)(c)

[F281 58F Procedures for placing in secure accommodation. S

(1) The Secretary of State may by regulations make provision for the procedures to be applied in the placing of children in secure accommodation, and without prejudice to the foregoing generality may make provision for the referral of cases to a children’s hearing for review.

(2) Regulations under this section may specify the duties of the [F282 Principal Reporter]] in relation to the placing of children in secure accommodation.

(3) Regulations under this section may make provision for the parent of a child being informed of the placing of the child in secure accommodation.

Textual Amendments

F281 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

F282 Words in s. 58F(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

[F283 58G Transitional provisions. S

Regulations made under sections 58A to 58F of this Act may include such transitional provisions as the Secretary of State may consider necessary, including provisions varying the application of any provision in those sections for a transitional period, either generally, or in relation to specified classes of cases.]

Textual Amendments

F283 Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14) (with s. 103(1)); S.I. 1996/3201, art. 3(6)

Part IV S Residential and other Establishments

Provision of residential and other establishments S

59 Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision. S

(1) [F284 Subject to section 13A of this Act,] it shall be the duty of a local authority to provide and maintain such residential and other establishments as may be required for their functions under this Act [F285 or under Part II of the Children (Scotland) Act 1995,] or arrange for the provision of such establishments.

(2) For the purpose of discharging their duty under the foregoing subsection a local authority may—

(a) themselves provide such establishments as aforesaid; or

(b) join with another local authority in providing those establishments; or

(c) secure the provision of such establishments by voluntary organisations or other persons including other local authorities.

(3) The maximum period for the repayment of sums borrowed by a local authority for the purposes of this section shall be such period not exceeding sixty years as may be sanctioned by the Secretary of State; and accordingly in Schedule 6 to the M46 Local Government (Scotland) Act 1947, at the end, there shall be added the following entry, that is to say—

“Section 59 of the Social Work (Scotland) Act 1968.

Such period not exceeding sixty years as may be sanctioned by the Secretary of State.”

Textual Amendments

F284 Words in s. 59 inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(7); S.I. 1992/2975, art. 2(2), Sch.

F285 Words in s. 59(1) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(15) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Marginal Citations

M46 1947 c. 43.

[F286 59A Grants in respect of secure accommodation for children. S

(1) The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in—

(a) providing;

(b) joining with another local authority in providing; or

(c) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of

secure accommodation . . . F287 ]

(2) The conditions subject to which grants are made under subsection (1)

of this section may include conditions for securing the repayment in whole or in part of such grants.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F288

Textual Amendments

F286 S. 59A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 72

F287 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I.

F288 S.59A(3) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I

60 Control of residential and other establishments. S

(1) The Secretary of State may make regulations as to the conduct of residential and other establishments and for securing the welfare of persons resident or accommodated in them, and, without prejudice to the generality of those regulations, they may provide—

(a) for the construction of, and the accommodation provided in, those establishments, and their equipment, maintenance and management;

(b) for the classification, treatment and control of persons resident therein or attending thereat;

[F289 (bb) for the granting of approval by the Secretary of State for the provision and use of accommodation in residential establishments as secure accommodation;]

(c) for the inspection of those establishments and the visiting of persons from time to time by visitors appointed in accordance with the regulations;

(d) for notice to be given to the Secretary of State or the local authority with which the person carrying on any such establishment is registered under any enactment of any change of the person in charge of the establishment;

(e) for requirements, in the case of children, as to the facilities which are to be given for them to receive a religious upbringing appropriate to the persuasion to which they belong;

[F290 (ee) for prescribing the minimum age below which a child’s liberty shall not be restricted in secure accommodation except with the Secretary of State’s consent;]

(f) for making available in any of those establishments any service authorised by the National Health Service (Scotland) Act [F291 1978];

and may contain different provisions for different classes of establishments [F292 different classes of accommodation in residental and other establishments] and different categories of persons.

(2) In the foregoing subsection, the expression “treatment” includes training, education and occupation, but does not include medical treatment.

(3) Where any regulation made in pursuance of this section provides that this subsection shall have effect in relation to the regulation, any person who contravenes or fails to comply with the regulation or any requirement or direction under it shall be liable on summary conviction to a fine not exceeding [F293 level 4 on the standard scale].

Textual Amendments

F289 S. 60(1)(bb) inserted (30.1.1984) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 8(3)(a)

F290 S. 60(1)(ee) inserted (30.1.1984) by Health and Social Services and Social Security Adjudicatious Act 1983 (c. 41, SIF 113:3), s. 8(3)(b)

F291 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(1)

F292 Words inserted (30.1.1984) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 8(3)(c)

F293 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289C(1), Sch. 7C (as inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 63(1), Sch. 11 paras. 5, 13) and s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) (and the said Criminal Procedure (Scotland) Act 1975 was repealed (S.) (1.4.1996) by 1995 c. 40, s. 6, Sch. 5), and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 6(5) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine of £50

Registration of certain residential and other establishments S

61 Restriction on carrying on of establishments. S

[F294 (1) The following provisions of this Part of this Act apply to any residential or other establishment the whole or a substantial part of whose function is to provide persons with such personal care or support, whether or not combined with board, and whether for reward or not, as may be required for the purposes of this Act.

(1A) For the purposes of subsection (1) above–

• “establishment” does not include

  (a)

  F295 any establishment controlled or managed by a Government department or by a local authority or, subject to sections 61A and 63B below, required to be registered, or in respect of which a person is required to be registered, with a Government department or a local authority under any other enactment, [F296 ; or

  (b)

  any establishment providing residental accommodation with nursing falling within section 13A of this Act;],

• “personal care” includes the provision of appropriate help with physical and social needs; and

• “support” means counselling or other help provided as part of a planned programme of care.]

(2) [F297 Subject to section 62(8) and (8A) below] An establishment shall not be carried on by any person unless he is for the time being registered in respect of it in a register kept for the purposes of this section by a local authority or, as the case may be, by the Secretary of State.

(3) Any person who carries on an establishment in contravention of the provisions of subsection (2) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F298 level 4 on the standard scale] and in the case of a second or subsequent conviction to imprisonment for a term not exceeding three months or to a fine not exceeding [F298 level 4 on the standard scale] or to both such imprisonment and such fine.

Textual Amendments

F294 S. 61(1)(1A) substituted for subsection (1) by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 1(1)

F295 Word in s. 61(1A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(8)(a); S.I. 1992/2975, art. 2(2), Sch.

F296 Words in s. 61(1A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), Sch. 9 para. 10(8)(b); S.I. 1992/2975, art. 2(2), Sch.

F297 Words inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 1(2)

F298 Words in s. 61(3) substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289C(1), Sch. 7C (as inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 63(1), Sch. 11 paras. 5, 13) and s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) (and the said Criminal Procedure (Scotland) Act 1975 was repealed (S.) (1.4.1996) by 1995 c. 40, s. 6, Sch. 5), and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 61(3) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine of £50 for a first offence and £100 for a second or subsequent offence

Modifications etc. (not altering text)

C40 S. 61(3): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) (liability on first and subsequent convictions) applies (S.)

[F299 61A Voluntary registration. S

(1) Any grant-aided school or independent school within the meaning of section 135(1) of the Education (Scotland) Act M47 1980 (which defines terms used in that Act) which performs functions such as are described in section 61(1) above may, but shall not be required to, apply for registration under this Part of this Act in accordance with the provisions of this section.

(2) Where an application for registration of a grant-aided school or independent school is granted, the establishment shall be entered in the register kept for the purposes of section 61(2) above by the local authority or, as the case may be, the Secretary of State.

(3) Any certificate of registration granted in respect of an establishment to which this section applies shall relate to the whole of the establishment, excepting any part thereof which is used exclusively for educational purposes.

(4) The provisions of this Part of this Act shall apply to establishments to which this section applies subject to the following—

(a) section 61(2) and (3) shall not apply;

(b) section 62(8) and (8A) shall not apply;

(c) section 65 shall not apply;

(d) the provisions of section 67(1) shall apply only where the person carrying on the establishment has been registered; and

(e) section 67(2) shall not apply.]

Textual Amendments

F299 S. 61A inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 2(1)

Marginal Citations

M47 1980 c.44(41:2).

62 Registration. S

(1) Subject to the next following section, an application for registration in respect of an establishment under this section shall be made by the person intending to carry on the establishment to the local authority in the area of which the establishment is situated.

(2) The application shall be in such form and shall include information about such matters as may be prescribed by the Secretary of State, and the Secretary of State may prescribe different requirements for the applications for different classes of establishments.

(3) Subject to the provisions of this section, the local authority shall, on receipt of an application under subsection (1) of this section, register the applicant in respect of the establishment named in the application and issue to him a certificate of registration:

Provided that the local authority may refuse to register the applicant if they are satisfied—

(a) that he or any person employed or proposed to be employed by him in the management of the establishment or any part thereof is not a fit person, whether by reason of age or otherwise, to carry on or to be so employed at an establishment of such a description as the establishment named in the application; or

(b) that for reasons connected with situation, construction, state of repair, accommodation, staffing or equipment, the establishment or any premises used in connection therewith are not fit to be used for an establishment of such a description as aforesaid; or

(c) that the way in which it is proposed to conduct the establishment is such as not to provide services or facilities reasonably required by persons resorting to such an establishment.

[F300 (4) Without prejudice to subsection (2) of this section, where the person registered in respect of an establishment proposes to employ a manager, that is, a person engaged to run the establishment from day to day, he shall

(a) include in the application for registration a note of the proposed manager’s name; and

(b) inform the authority, within 28 days in either case, of—

(i) the departure of the manager presently employed, or

(ii) the employment of a new manager.

(4A) Where any person registered in respect of an establishment employs a manager at the date when this enactment comes into force, he shall within 28 days of that date inform the local authority of the manager’s name.

(4B) Where any person registered in respect of an establishment intends to cease to carry on the establishment, he shall give the local authority at least 28 day’s notice of that fact.

(4C) The local authority may at any time cancel the registration of a person in respect of an establishment—

(a) on any ground which would entitle them to refuse an application for the registration of that person in respect of an establishment; or

(b) on the ground that that person—

(i) has failed to notify the authority of a change in manager under subsection (4) above, or

(ii) has been convicted of an offence against this section or against any regulations under this Part of this Act relating to the conduct of an establishment; or

(c) on the ground that any other person has been convicted of such an offence as is mentioned in subparagraph (b)(ii) above in respect of that establishment; or

(d) on the ground that the annual fee for the continuation of registration has not been paid on the due date.]

[F301 (5) It shall be a condition of the registration of any person in respect of an establishment that he shall comply with such reasonable conditions with regard to the proper operation of the establishment as the local authority may impose, and such conditions shall include conditions as to—

(a) the maximum number of persons (excluding persons carrying on or employed in the establishment and their families) who may be accommodated at any one time in the establishment, and

(b) the categories of persons who may be admitted to the establishment.

(5A) The local authority may, at their own instance or at that of the person registered in respect of the establishment, at any time—

(a) impose any new condition with regard to the operation of the establishment; or

(b) vary any condition imposed under subsection (5) or paragraph (a) above.]

(6) If any [F302 condition, new condition or variation of condition imposed by or under subsection (5) or (5A) above or section 63A(7) below] is not complied with, the person carrying on the establishment shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F303 level 4 on the standard scale] or, in the case of a second or subsequent conviction, to a fine not exceeding [F303 level 4 on the standard scale] or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment, and without prejudice to the foregoing provision the power of the local authority to cancel registration under subsection (4) of this section shall include power to cancel the registration on the ground that any such condition has not been complied with.

[F304 (6A) The certificate of registration issued under this section in respect of any premises shall include the following information—

(a) the name of the person registered in respect of the establishment;

(b) the name of any manager appointed by the person mentioned in paragraph (a) above;

(c) the address of the premises at which the establishment is to be carried on;

(d) the maximum number of persons who may be accommodated in the establishment under subsection (5)(a) above;

(e) the categories of persons who may be admitted to the establishment under subsection (5)(b) above,

and where any material change occurs in any of the information mentioned in this subsection the local authority shall issue a new certificate.

(6B) Where an establishment to which the provisions of this Part of this Act apply is being carried on on the date when this enactment comes into force the local authority shall, within 60 days of that date, issue to the person carrying on that establishment a new certificate including the information mentioned in subsection (6A) above.]

(7) The certificate of registration under this section issued in respect of any establishment shall be kept affixed in a conspicious place in the establishment; and if default is made in complying with this subsection the person carrying on the establishment shall be liable on summary conviction to a fine not exceeding [F305 level 1 on the standard scale] and to a further fine not exceeding two pounds in respect of each day during which the offence continues after conviction.

(8) Notwithstanding anything in subsection (1) of this section, where the person registered under this section in respect of an establishment dies, his executor or his widow or any other member of his family may for a period not exceeding four weeks from his death, or such longer period as the local authority may sanction, carry on the establishment without being registered in respect thereof.

[F306 (8A) Notwithstanding anything in subsection (1) of this section, where for any reason the person registered in respect of an establishment ceases to be so registered, the local authority may allow another person to carry on the establishment for such period not exceeding 60 days as the authority may sanction, and subject to such conditions as the authority think appropriate.]

(9) Where an offence against this or the last foregoing section or any regulations under this Part of this Act relating to establishments has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(10) The registers kept for the purposes of this section shall be available for inspection at all reasonable times, and a person inspecting any such register shall be entitled to make copies of entries therein.

Textual Amendments

F300 S. 62(4)(4A)(4B)(4C) substituted for s. 62(4) by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 3(1)

F301 S. 62(5)(5A) substituted for s. 62(5) by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 3(2)

F302 Words substituted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 3(3)

F303 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289C(1), Sch. 7C (as inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 63(1), Sch. 11 paras. 5, 13) and s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) (and the said Criminal Procedure (Scotland) Act 1975 was repealed (S.) (1.4.1996) by 1995 c. 40, s. 6, Sch. 5), and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 6(5) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine of £50 for a first offence and £100 for a second or subsequent offence

F304 S. 62(6A)(6B) inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 3(4)

F305 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F306 S. 62(8A) inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 3(5)

Modifications etc. (not altering text)

C41 S. 62(6): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289(E) (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39(1)), s. 54) (liability on first and subsequent convictions) applies (S.)

Yn ddilys o 01/04/1997

[F307 62A Certificate of registration as respects grant-aided or independent school. S

A certificate of registration granted under section 62 of this Act as respects an establishment which is a grant-aided, or independent, school shall relate to the whole of the establishment except so much as is used exclusively for educational purposes.]

Textual Amendments

F307 S. 62A inserted (1.4.1997) by 1995 c. 36, s. 34(4) (with ss. 90, 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

63 Special provisions for registration by Secretary of State. S

(1) The Secretary of State may direct that applications for registration in respect of any establishment or any class of establishment shall be made to him and accordingly the provisions of the last foregoing section shall apply in relation to any such registration and to an application therefor with the substitution for any reference to a local authority of a reference to the Secretary of State.

(2) Where in pursuance of this section the Secretary of State registers a person in respect of an establishment, or cancels such a registration, he shall notify the local authority in whose area the establishment is situated.

(3) The Secretary of State may direct that persons registered with him in respect of any establishment or class of establishment under this section shall cease to be so registered and shall be registered by the appropriate local authority under this Part of this Act.

[F308 63A Appeals against conditions imposed on registration or subsequently. S

(1) Not less than fourteen days before determining—

(a) the conditions intended to be imposed under section 62(5) above in respect of the registration of any person in respect of an establishment; or

(b) any new condition or variation of an existing condition intended to be imposed under section 62(5A) above,

the Secretary of State or, as the case may be, the local authority shall send by recorded delivery service to the applicant or the person registered, as the case may be, notice of their intention.

(2) Every notice under subsection (1) above shall contain an intimation that if within fourteen days after the receipt of the notice the applicant or, as the case may be, the person registered informs the authority or the Secretary of State in writing of his desire—

(a) to show cause, in person or by a representative, why the proposed conditions, new conditions or variation of existing conditions should not be imposed;

(b) to make representations as to what conditions, new conditions or variation of conditions should be imposed in substitution for those proposed,

the authority or the Secretary of State shall, before carrying out their intention, afford him an opportunity so to do.

(3) The local authority or the Secretary of State, after giving the applicant or the person registered, as the case may be, an opportunity of being heard by them, shall send a notice to him by recorded delivery service informing him of what conditions, new conditions or variation of conditions they have decided to impose.

(4) A person aggrieved by a notice of a local authority or of the Secretary of State under subsection (3) above may appeal to an appeal tribunal established by Schedule 5 to this Act, and any such appeal shall be brought within twenty-one days of the date of that notice.

(5) Where an appeal under subsection (4) above relates to the imposition of conditions on the initial registration of a person in respect of an establishment, the registration shall not take effect until—

(a) the appeal has been determined; or

(b) the time for bringing an appeal has elapsed without–

(i) an appeal having been brought, or

(ii) an appeal which has been intimated having been proceeded with,

and in either of the cases mentioned in paragraph (b) above the registration shall be subject to the conditions proposed in the notice sent to the applicant under subsection (3) above.

(6) Where an appeal under subsection (4) above relates to the proposed imposition of new conditions or of a variation of existing conditions, the new conditions or variation shall not take effect until—

(a) the appeal has been determined; or

(b) the time for bringing an appeal has elapsed without—

(i) an appeal having been brought, or

(ii) an appeal which has been intimated having been proceeded with.

(7) On any appeal under subsection (4) above the tribunal may confirm or vary any condition, new condition or variation of a condition against which the appeal is brought.]

Textual Amendments

F308 S. 63A inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 4

[F309 63B Special provisions for jointly registrable establishments. S

(1) Subject to the provisions of this section, where a person registered or intending to be registered under section 1 of the Nursing Homes Registration (Scotland) Act M48 1938 (which relates to the registration of nursing homes) in respect of an establishment intends that that establishment should also carry out functions in respect of which registration is required under this Act, the provisions of this Part of this Act shall apply in relation to the registration of that person for the purpose of carrying out those functions in that establishment.

(2) In this Part of this Act “jointly registrable establishment” means an establishment required to be registered under both this Part of this Act and the said Act of M49 1938.

(3) Any certificate of registration issued by a local authority to such a person as is described in subsection (1) above shall relate to the whole of the establishment, excepting any part thereof which is used exclusively for the purpose of carrying out functions under the said Act of 1938.

(4) Where a local authority cancel the registration of a jointly registrable establishment under section 62(4) above they shall inform the Health Board responsible under the 1938 Act for the registration of that establishment of the fact of and the reasons for the cancellation.

(5) Any person who, on the date when this enactment comes into force, is carrying on a jointly registrable establishment which is not registered under this Part of this Act shall within 3 months of that date apply for such registration.

(6) No fee shall be chargeable by a local authority under section 64A below in respect of any application made by virtue of subsection (5) above.]

Textual Amendments

F309 S. 63B inserted after s. 63 by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 5(1)

Marginal Citations

M48 1938 c.73(113:3).

M49 1938 c.73(113:3).

64 Appeals against refusal or cancellation of registration. S

(1) Not less than fourteen days before refusing an application for registration or cancelling any registration under this Part of this Act, the local authority or, as the case may be, the Secretary of State shall send by recorded delivery service to the applicant or to the person registered, as the case may be, notice of their intention.

(2) Every such notice shall state the grounds on which the local authority or the Secretary of State intend to refuse or cancel the registration and shall contain an intimation that if within fourteen days after the receipt of the notice the applicant or person registered, as the case may be, informs the authority or the Secretary of State in writing of his desire to show cause, in person or by a representative, why the registration should not be refused or cancelled, as the case may be, the authority or the Secretary of State shall, before carrying out their intention, afford him an opportunity so to do.

(3) If the local authority or the Secretary of State, after giving the applicant or person registered, as the case may be, an opportunity of being heard by them, decide to refuse the application for registration, or to cancel the registration, they shall send a notice to that effect by recorded delivery service to the applicant or person registered, as the case may be.

(4) A person aggrieved by a notice of a local authority or of the Secretary of State refusing an application for registration under this Part of this Act or cancelling any registration thereunder may appeal to an appeal tribunal established by Schedule 5 to this Act; and the cancellation of any registration shall not take effect until the expiration of the time within which an appeal may be brought under this subsection or, where such an appeal is brought, before the determination of the appeal.

(5) Any appeal under this section shall be brought within twenty-one days from the date of the notice to which the appeal relates.

[F310 64A Registration fees. S

(1) Subject to the provisions of this section, a local authority shall impose fees in respect of—

(a) an application for registration made by any person in respect of the carrying on of any establishment to which this section applies;

(b) the annual continuation of any such registration;

(c) an application made by the person registered in respect of the establishment for a variation in any condition imposed under section 62(5) or (5A) of this Act; and

(d) the issuing of a new certificate following any change in the information mentioned in section 62(6A) above made at the instance of or resulting from an application by the person registered in respect of the establishment.

(2) This section applies to any establishment such as is mentioned in section 61(1) of this Act which is a residential establishment other than any establishment—

(a) the whole or a substantial part of whose function is to accommodate children for the purposes of this Act; or

(b) such as is mentioned in section 61A above.

(3) The Secretary of State may prescribe—

(a) the maximum fees which may be imposed by local authorities under this section; and

(b) the times at which fees may be charged.

(4) Subject to subsection 3(a) above, a local authority shall have regard to their reasonable expenses in carrying out their functions under this Part of this Act in fixing fees under this section:

Provided that where it appears to the authority to be appropriate they may charge a nominal fee, or remit the fee altogether.

(5) Where an application for registration in respect of an establishment has been made to a local authority before the coming into force of this section no fee shall be payable in respect of that registration.]

Textual Amendments

F310 S. 64A inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 6(1)

65 Removal of persons from establishments. S

(1) Where—

(a) an establishment is carried on in contravention of section 61 of this Act; or

(b) notice of intention to cancel the registration in respect of an establishment has been given in pursuance of the last foregoing section;

a local authority where the person carrying on the establishment is registered, or ought to be so registered, with them may, notwithstanding that the time for any appeal under the last foregoing section has not expired or that such an appeal is pending, forthwith remove from the establishment all or any of the persons for whom accommodation is being provided therein; or, in the case of an establishment in respect of which the person carrying it on is registered with him or ought to be so registered, the Secretary of State may in the like circumstances require the local authority in whose area the establishment is situated so to act, and the local authority shall comply with that requirement.

(2) In any case of urgent necessity the Secretary of State may exercise the power conferred on him by the foregoing subsection in respect of any establishment.

(3) For the performance of the functions of a local authority under subsection (1) of this section, any person authorised in that behalf by the authority may, on producing, if so required, a duly authenticated document showing his authority to do so, enter any premises in which the establishment in question is being carried on.

(4) Any person who [F311 —

(a)] obstructs the exercise of a power conferred by the last foregoing subsection [F312 ; or—

(b) re-occupies the premises for the purpose of carrying on the establishment without any appeal under section 64 above having been decided in his favour,]

shall be liable on summary conviction to a fine not exceeding [F313 level 4 on the standard scale] in the case of a first offence or [F313 level 4 on the standard scale] in the case of a second or any subsequent offence.

Textual Amendments

F311 “–(a)” inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 7(1)(a)

F312 S. 65(4)(b) and the word “; or—” immediately preceding it inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 7(1)(b)

F313 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289C(1), Sch. 7C (as inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 63(1), Sch. 11 paras. 5, 13) and s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) (and the said Criminal Procedure (Scotland) Act 1975 was repealed (S.) (1.4.1996) by 1995 c. 40, s. 6, Sch. 5) and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 6(5) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine of £10 for a first offence and £50 for a second or subsequent offence

66 Duty to furnish particulars of establishments. S

(1) Subject to the next following subsection, it shall be the duty of the person in charge of an establishment to send to the local authority or, as the case may be, the Secretary of State such particulars of the establishment and the persons accommodated or to be accommodated therein as the Secretary of State may from time to time prescribe, and the Secretary of State may prescribe different particulars for different classes of establishments.

(2) A person in charge of an establishment shall comply with the provisions of the foregoing subsection—

(a) within three months from the date on which the establishment was first carried on; and

(b) in every year (other than the year in which the establishment was first carried on) before such date as may be prescribed.

(3) Where the Secretary of State varies the prescribed particulars to be furnished under subsection (1) of this section as respects establishments, then—

(a) the person in charge of an establishment shall send the prescribed particulars to the local authority or, as the case may be, to the Secretary of State within three months from the date of the variation; and

(b) as respects an establishment which was first carried on before, but not more than three months before, the date of the variation, paragraph (a) of the foregoing subsection shall not apply; and

(c) paragraph (b) of the foregoing subsection shall not apply as respects the year in which the variation is made.

(4) A person who fails to furnish particulars in accordance with the foregoing provisions of this section shall be liable on summary conviction to a fine not exceeding [F314 level 1 on the standard scale] and to a further fine not exceeding two pounds in respect of each day during which the failure continues after conviction.

Textual Amendments

F314 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

67 Inspection of establishments by local authorities. S

(1) Any [F315 duly authorised officer of][F315 person duly authorised by] a local authority may in the area of that authority enter any establishment where the person carrying on the establishment is registrable under section 62 of this Act for the purpose of making such examinations into the state and management of the place, and the condition and treatment of the persons in it, as he thinks necessary, and for the purpose of inspecting any records or registers [F316 required to be kept therein by virtue of this Part of this Act][F316 (in whatever form they are held) relating to the place or to any person for whom services have been or are provided there by virtue of this Act or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984], and the provisions of subsections (2) [F317 to 2D], (4) and (5) of section 6 of this Act shall apply in relation to [F318 an officer][F318 a person] acting in pursuance of this section as they apply in relation to [F319 an officer of][F319 a person authorised by] the Secretary of State acting in pursuance of that section.

(2) Any such [F320 officer][F320 person] as aforesaid may at all reasonable times exercise the like powers of entry and inspection conferred on him by the foregoing subsection in respect of any place in the area of the local authority which is used or which that [F320 officer][F320 person] has reasonable cause to believe is being used as an establishment in respect of which the person carrying it on is registrable under section 62 of this Act.

Textual Amendments

F315 Words commencing “person” substituted (1.4.1991) for words commencing “duly authorised” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(9)(a)

F316 Words commencing “(in whatever” substituted (1.4.1991) for words commencing “required” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(9)(b)

F317 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(9)(c)

F318 Words “a person” substituted (1.4.1991) for “an officer” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(9)(d)

F319 Words “a person authorised by” substituted (1.4.1991) for “an officer of” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(9)(e)

F320 Word “person” substituted (1.4.1991) for “officer” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(10)

68 Visiting of persons in establishments on behalf of local authorities. S

(1) It shall be the duty of local authorities from time to time to cause persons in establishments in their area to be visited in the interests of the well-being of the persons, and any person authorised in that behalf by a local authority may on producing if so required a duly authenticated document showing his authority to do so, enter any establishment in the area of the authority for the purpose of visiting the persons in the establishment.

(2) Any person authorised in that behalf by a local authority may, on producing, if so required, such a document as aforesaid, enter any establishment outside the area of the authority for the purpose of visiting children in the establishment who are [F321 being looked after by the authority] or persons who are receiving assistance from the authority under this Act.

(3) Any person who obstructs the exercise of a power conferred by this section shall be liable on summary conviction to a fine not exceeding [F322 level 3 on the standard scale] in the case of a first offence or [F322 level 3 on the standard scale] in the case of a second or any subsequent offence.

[F323 (4) In subsection (2) of this section, the reference to children being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.]

Textual Amendments

F321 Words in s. 68(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(16)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F322 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E—289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F323 S. 68(4) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(16)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Part V U.K. Return and Removal of Children within United Kingdom

Absence without leave U.K.

69 Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement. U.K.

(1) If a child—

(a) absconds from a place of safety in which he has been detained by virtue of this Act, or

(b) absconds from the control of a person under which he has been placed by a supervision requirement or by virtue of rules made by the Secretary of State under section 45 of this Act,

he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands [F324 ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.]

(2) A child arrested in pursuance of this section shall be brought back—

(a) in a case falling within paragraph (a) of subsection (1), to the place of safety,

(b) in a case falling within paragraph (b) of that subsection, to the person under whose control he has been placed.

(3) If, in the case of a child required to be brought back in pursuance of the last foregoing subsection—

(a) the occupier of the place of safety, or

(b) the person under whose control he has been placed,

is unwilling or unable to receive him, the child shall be detained in a place of safety until the [F325 Principal Reporter] has considered, in pursuance of section 37 of this Act, whether the child may be in need of compulsory measures of care, or as the case may be, until he can be brought before a children’s hearing for the consideration of his case or for a review of the supervision requirement to which he is subject.

(4) A children’s hearing arranged for the purposes of the last foregoing subsection shall meet within a period of seven days from the date of the commencement of the detention of the child, and no child shall be detained under that subsection after the hearing have met or beyond that period.

[F326 (5) In this and the next following section any reference—

(a) to a child absconding includes a reference to his being unlawfully taken away;

(b) to a child absconding from a place or from the control of a person includes a reference to his absconding while being taken to, or awaiting being taken to, that place or that person as the case may be.]

Textual Amendments

F324 Words added by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 58(a)

F325 Words in s. 69(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F326 S. 69(5) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 58(b)

70 Abscondment from residential establishments. U.K.

If a child who is required by a supervision requirement to reside in a residential establishment—

(a) absconds from the establishment in which he resides; or

(b) absconds from any hospital or other institution in which he is temporarily residing; or

(c) being absent on leave from the residential establishment, either runs away from the person in whose charge he is or fails to return to the establishment at the end of his leave;

he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands and brought back—

(i) in a case falling within paragraph (b) to the place from which he absconded; or

(ii) where he has run away from the person mentioned in paragraph (c), to that person; or

(iii) in any case, to the residential establishment [F327 ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.]

Textual Amendments

F327 Words added by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 59

71 Harbouring. U.K.

Any person who knowingly—

(a) assists or induces or persistently attempts to induce a child so to act as to be liable to be brought back in pursuance of either of the two last foregoing sections, or

(b) harbours or conceals a child so liable or prevents him from returning to a place or person mentioned in either of those sections,

shall be liable on summary conviction to a fine not exceeding [F328 level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

Textual Amendments

F328 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 60 and by virtue of (E.W.) Criminal Justice Act 1982 (c.48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

Modifications etc. (not altering text)

C42 S. 71 excluded (E.W.) (14.10 1991) by Children Act 1989 (c. 41, SIF 20), ss. 51(5)(6)(7)(b), 108(2); S.I.1991/828, art.3(2)

C43 S. 71 restricted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 70(6)(7)(c); S.R. 1996/297, art. 2(2)

Transfer U.K.

72 Supervision of children moving to England or Wales or Northern Ireland. U.K.

(1) Where a children’s hearing are satisfied that a child in respect of whom a supervision requirement under section 44(1)(a) of this Act is in force proposes to reside or is residing in England or Wales or in Northern Ireland they may either—

(a) discharge the supervision requirement; or

(b) send notification of the requirement

[F329 (i) in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);

(ii) in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).]

in which the child proposes to reside or is residing.

[F330 (1A) [F331 A youth court]to which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 [F332 12A, 12AA, 12B or 12C]]of the M50 Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made; and in relation to a supervision order made by virtue of this subsection—

[F333 [(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .]

(b) section 17 of that Act shall have effect as if in paragraph (a) the references to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.]

[F334 (2) A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement—

(a) if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;

(b) if he is over the age of fourteen years, a probation order; or

(c) in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.

(2A) An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.

(2B) Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.]

(3) Where a case is disposed of by a [F335 youth court or, as the case may be]juvenile court in pursuance of this section in respect of a child subject to a supervision requirement, the requirement shall cease to have effect.

F336 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F329 S. 72(1)(b)(i)(ii) substituted (1.10.1992) for words in s. 72(1)(b) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(a) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F330 S. 72(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 58(1)

F331 Words in s.72(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(i) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F332 Words in s. 72(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(ii) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2.

F333 S. 72(1A)(a) and word following it repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(b)(iii), Sch. 13 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2.

F334 S. 72(2)(2A)(2B) substituted for s. 72(2) (4.11.1996) by S.I. 1995/756, art. 5(2); S.R. 1996/297, art. 3

F335 Words in s. 72(3) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9.(d) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F336 S. 72(4) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(e), Sch. 13 (with s. 28 ); S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M50 1969 c. 54.

73 Supervision of children moving to Scotland. U.K.

(1) Where a juvenile court in England or Wales or in Northern Ireland is satisfied that a child in respect of whom a probation order or a supervision order is in force proposes to reside or is residing in Scotland, the court may either—

(a) discharge the probation order or supervision order; or

(b) send notification of that order to the [F337 Principal Reporter]

and on the receipt of such a notification it shall be the duty of the [F338 Principal Reporter]

[F339 (i) in the case of a supervision order made by virtue of [F340 sections 189(4) and 390(4) of the M51 Criminal Procedure (Scotland) Act 1975] to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the [F338 Principal Reporter] has received by virtue of section 76 of this Act;

(ii) in any other case.]

to arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.

[F341 In this subsection “the appropriate court” means the sheriff having jurisdiction in the area in which the child proposes to reside or is residing or, where the original probation order was imposed by the High Court of Justiciary, that Court.]

[F342 (1A) Where a court in England or Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the M52 Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales); and where the court makes a supervision order by virtue of this subsection—

(a) the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting;

(b) the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act; and

(c) the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the [F338 Principal Reporter] shall apply accordingly.]

(2) For the purposes of a children’s hearing arranged in pursuance of the foregoing [F343 provisions of this section] the notification by a . . . F344 court of a probation order or supervision order shall be conclusive evidence of the existence of that order in relation to the child.

(3) When a children’s hearing have disposed of a case referred to them under this section the probation order or the supervision order in respect of the child shall cease to have effect.

Textual Amendments

F337 Words in s. 73(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(22); S.I. 1996/323, art. 4(1)(b)(c)

F338 Words in s. 73(1)(i)(1A)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F339 S. 73(1)(i)(ii) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1)

F340 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 460(1)(b)

F341 Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1)

F342 S. 73(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(2)

F343 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(3)

F344 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

Modifications etc. (not altering text)

C44 S. 73(1) extended (E.W.) (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 189(6), 390(6) (which said ss. 189(6), 390(6) ceased to have effect (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53), s. 16, Sch. 3 Pt. II para. 7(4) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2)

Marginal Citations

M51 1975 c. 21.

M52 1969 c. 54.

74 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland. U.K.

(1) Where a children’s hearing are satisfied that the parent of a child who is required to reside in a residential establishment under a supervision requirement made under section 44(1)(b) of this Act proposes to reside or is residing in England or Wales or in Northern Ireland they shall review the requirement, and on such review they may as they think proper—

(a) discharge the supervision requirement;

(b) continue the supervision requirement;

(c) vary the supervision requirement by making a supervision requirement under subsection (1)(a) of the said section 44 and send notification of that requirement in accordance with section 72(1)(b) of this Act; or

(d) make a report on the case to the Secretary of State with a recommendation for the transfer of the child in accordance with the following provisions of this section.

(2) If the Secretary of State is for any reason unable to accept a recommendation for the transfer of a child made under paragraph (d) of subsection (1) of this section, he may refer the matter back to the children’s hearing for their reconsideration of the case, or himself discharge the supervision requirement.

(3) Where such a recommendation is made and is not dealt with under subsection (2) of this section, the Secretary of State may make an order transferring the child to the care of the managers of a school . . . F345 in Northern Ireland, being . . . F345 , a training school within the meaning of the M53 Children and Young Persons Act (Northern Ireland) 1950 or, . . . F345 , committing him to the care of the local authority or, as the case may be, of the welfare authority in whose area the parent of the child proposes to reside or is residing.

(4) The provisions of . . . F345 the said Act of 1950 shall apply to any order under this section transferring a child to the care of the managers of . . . F345 a training school as if it were . . . F345 a training school order made by a court on the date on which the supervision requirement was originally made under section 44 of this Act in respect of the child:

Provided that—

(a) notwithstanding anything in . . . F345 section 75 of the said Act of 1950, the order under this section shall not be authority for his detention in . . . F345 a training school after he has attained the age of eighteen years,

(b) the contributions to be made in respect of him under . . . F345 section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.

[F346 (5) An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.]

[F347 (6) An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the [F348 Children Act 1989, but as if section 31(8) were omitted].]

Textual Amendments

F345 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F346 S. 74(5) substituted (4.11.1996) by S.I. 1995/756, art. 5(3); S.R. 1996/297, art. 3

F347 S. 74(6) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 60

F348 Words in s. 74(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 21; S.I. 1991/828, art. 3(2)

Marginal Citations

M53 1950 c. 5 (N.I.)

75 Parent of a child subject to an approved school order or a committal order moving to Scotland. U.K.

(1) Where . . . F349 [F350 the Secretary of State] is satisfied that the parent of a child who is subject to an . . . F349 training school order [F351 or an order under section 74(3) of this Act relating to a training school] proposes to reside or is residing in Scotland, he may refer the case to the [F352 Principal Reporter] and if the case is so referred the [F353 Principal Reporter] shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.

(2) Where a child has been committed to the care of a local authority in England or Wales [F354 by a care order (other than an interim order) within the meaning of the [F355 Children Act 1989] or an order under section 74(3) of this Act], or committed to the care of [F356 an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order under][F357 the said section 74(3)] and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the [F353 Principal Reporter] shall arrange a children’s hearing accordingly.

(3) Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . F349 training school order [F358 or order under the said section 74(3) relating to a training school] or, as the case may be, of the order committing the child to the care of the local or [F359 other] authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.

(4) When a children’s hearing have disposed of a case referred to them under this section the order [F360 under the said section 74(3) or] of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.

Textual Amendments

F349 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F350 Words substituted by virtue of S.I. 1973/2163, arts. 2(1), 11(5)

F351 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(1)

F352 Words in s. 75(1) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(23); S.I. 1996/323, art. 4(1)(b)(c)

F353 Words in s. 75(1)(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F354 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)

F355 Words in s. 75(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para.22; S.I. 1991/828, art. 3(2)

F356 Words in s. 75(2) substituted (4.11.1996) by S.I. 1995/756, art. 5(4)(a); S.R. 1996/297, art. 3

F357 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)

F358 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(3)

F359 Words in s. 75(3) substituted (4.11.1996) by S.I. 1995/756, art. 5(4)(b); S.R. 1996/297, art. 3

F360 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(4)

Modifications etc. (not altering text)

C45 S. 75(2) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1

76 Procedure. U.K.

(1) A children’s hearing or . . . F361 court, in exercising any jurisdiction under this Part of this Act in respect of a child, may proceed in the absence of the child or his parent or both.

(2) It shall be the duty of the [F362 Principal Reporter] at any children’s hearing arranged for the purposes of section 72 of this Act and of the clerk to any . . . F361 court referring a case to [F363 the Principal Reporter] for the purposes of section 73 of this Act to ensure that all documents relating to the case or certified copies thereof are transmitted to the . . . F361 court or, as the case may be, to the [F362 Principal Reporter][F364 to which the case stands referred].

(3) Where a child is to be transferred from a residential establishment in Scotland to any place in England or Wales or in Northern Ireland under this Part of this Act, it shall be the duty of the local authority responsible for the child to ensure the transfer of the child to that place.

(4) Where a children’s hearing is arranged under this Part of this Act in respect of a child subject to an . . . F361 training school order [F365 or order under section 74(3) of this Act relating to a training school] or committed to the care of a local authority in England or Wales [F366 or of an authority within the meaning of the Children (Northern Ireland) Order 1995] in Northern Ireland, it shall be the duty of the managers . . . F361 of the training school or, as the case may be, of that local [F367 or other] authority to ensure the transfer of the child to the place notified to them by the [F362 Principal Reporter].

Textual Amendments

F361 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F362 Words in s. 76(2)(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F363 Words in s. 76(2) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(24)(a); S.I. 1996/323, art. 4(1)(b)(c)

F364 Words in s. 76(2) repealed (S.)(1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(24)(b), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F365 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 62

F366 Words in s. 76(4) substituted (4.11.1996) by S.I. 1995/756, art. 5(5)(a); S.R. 1996/297, art. 3

F367 Words in s. 76(4) substituted (4.11.1996) by S.I. 1995/756, art. 5(5)(b); S.R. 1996/297, art. 3

Modifications etc. (not altering text)

C46 S. 76(4) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1

77 Meaning of child for the purposes of this Part of this Act. U.K.

(1) “Child” in this Part of this Act means—

(a) for the purpose of sections 69 to 71, a child within the meaning of Part III of this Act,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F368

(c) for any other purpose, a person under eighteen.

(2) “Parent” in this Part of this Act includes a guardian.

Textual Amendments

F368 S. 77(1)(b) repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6

Part VI S Contributions in respect of Children in Care etc.

78 Duty to make contributions in respect of children in care etc. S

(1) Where a child [F369 is being looked after by a local authority] or a supervision requirement to which this Part of this Act applies has been made in respect of him, contributions in respect of the child (hereinafter in this Part of this Act referred to as the “maintainable child”) shall be payable—

(a) while the maintainable child is under sixteen years of age, by [F370 any natural person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him];

(b) if he is over sixteen years of age . . . F371 , by the maintainable child himself.

[F372 (2) This Part of this Act applies to any supervision requirement which, under paragraph (a) of section 70(3) of the Children (Scotland) Act 1995, requires the child concerned to reside in a place or places other than his own home.]

[F373 (2A) No contributions shall be payable under subsection (1)(a) of this section by a contributor during a period when he is in receipt [F374 of income support [F375 , an income based jobseeker’s allowance (payable under the Jobseekers Act 1995)] or family credit.]]

(3) In this Part of this Act “contributor” means a person liable to make contributions by virtue of subsection (1) of this section in respect of a maintainable child.

Textual Amendments

F369 Words in s. 78(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F370 Words in s. 78(1)(a) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (subject to arts. 4-7)

F371 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I

F372 S. 78(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F373 S. 78(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 19(6)(b)

F374 Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 41(1)

F375 Words in s. 78(2A) inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 1; S.I. 1996/2208, art. 2(b)

Modifications etc. (not altering text)

C47 S. 78 excluded by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 31(3)

[F376 78A Recovery of contributions. S

(1) Section 87 of this Act (charges for services and accommodation)

shall not apply to the provision of services (including accommodation) under this Act in respect of maintainable children, and the provisions of this section shall apply thereto.

(2) A local authority providing such services may recover from a contributor a contribution (if any) of such amount as is reasonable and, subject to that, may recover—

(a) a standard contribution determined by them in respect of maintainable children who are [F377 looked after by them]; or

(b) such other contribution as they consider reasonable in the circumstances.]

Textual Amendments

F376 S. 78A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 19(7)

F377 Words in s. 78A(2)(a) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(18) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

79 Recipients of contributions. S

(1) Subject to the provisions of the following subsection, contributions payable under the last foregoing section shall be payable to the local authority within whose area the contributor is residing, and shall, in the case of contributions paid in respect of a maintainable child [F378 looked after by] a local authority, other than the authority to whom the contributions are payable as aforesaid, be paid over by the last-mentioned authority to that other authority, but subject to such deductions in respect of services rendered by the local authority to whom the contributions were payable as may be agreed between the authorities concerned or as, in default of agreement, may be determined by the Secretary of State.

(2) Where a contributor is for the time being residing in England or Wales or Northern Ireland contributions payable by him under the last foregoing section shall be payable to the local authority [F379 looking after] the child.

Textual Amendments

F378 Words in s. 79(1) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(19)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F379 Words in s. 79(2) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(19)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

80 Enforcement of duty to make contributions. S

(1) Where a child becomes a maintainable child by virtue of being [F380 looked after by a local authority], any court of summary jurisdiction, having jurisdiction in the place where the contributor is for the time being residing, may, on the application of the local authority, at any time make an order on any contributor, hereinafter in this Act referred to as a contribution order, for weekly contributions in respect of the child of such amount as the court thinks proper.

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F381

(4) Subject to the following provisions of this section, a contribution order in respect of a maintainable child shall remain in force [F382 throughout the period during which he is looked after by a local authority]

(5) No contribution shall be payable, by virtue of a contribution order by a contributor who [F383 , being a natural person, has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the maintainable child], in respect of any period after the maintainable child becomes sixteen.

(6) A contribution order may be revoked or varied by any court of summary jurisdiction having jurisdiction in the place where the contributor is for the time being residing and shall be enforceable in like manner as a decree for aliment.

(7) Where a contributor resides in England or Wales or Northern Ireland this section shall have effect as if for any reference to a court of summary jurisdiction having jurisdiction in a place where the contributor is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority [F384 looking after] the child.

Textual Amendments

F380 Words in s. 80(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F381 S. 80(2)(3) repealed by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108(3), Sch. 8

F382 Words in s. 80(4) substituted for s. 80(4)(a)(b) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F383 Words in s. 80(5) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(c) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (subject to arts. 4-7)

F384 Words in s. 80(7) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

81 Provisions as to decrees for aliment. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F385

(2) [F386 Where a decree for aliment of a maintainable child is in force], on the application of the local authority concerned, any court of summary jurisdiction having jurisdiction in the place where the [F387 person liable under the decree] is for the time being residing may, at any time, order the payments under the decree . . . F388 to be paid to the local authority who are from time to time entitled under either of the last two foregoing sections to receive contributions in respect of the child.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F389 where an order made under this section in respect to a decree for aliment is in force any sums received under the decree for aliment shall be applied in like manner as if they were contributions received under a contribution order.

(4) (a) In this section the local authority concerned means the local authority which may make application for a contribution order in respect of a child under the last foregoing section;

(b) where the [F390 person liable to pay aliment for a child under a decree] is resident in England or Wales or Northern Ireland, subsection (2) of this section shall have effect as if for the reference to a court of summary jurisdiction having jurisdiction in the place where [F390 that person] is for the time being residing, there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority concerned.

Textual Amendments

F385 S. 81(1) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

F386 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(a)

F387 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(b)

F388 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(c), Sch. 2

F389 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

F390 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(4)

82 Recovery of arrears of contributions. S

(1) Where, by virtue of an order or decree made under either of the last two foregoing sections, any sum is payable to a local authority, the local authority in whose area the person liable under the order or decree is for the time being residing, or, as the case may be, the local authority [F391 looking after] the child to whom the order or decree relates, shall be entitled to receive and give a discharge for, and, if necessary, enforce payment of, any arrears accrued due under the order or decree, notwithstanding that those arrears may have accrued at a time when he was not resident in that area or, as the case may be, when the authority were not entitled to sums payable under the order or decree.

(2) In any proceedings under either of the last two foregoing sections, a certificate purporting to be signed by the clerk to a local authority for the time being entitled to receive contributions, or by some other officer of the authority duly authorised in that behalf, and stating that any sum due to the authority under an order or decree is overdue and unpaid, shall be sufficient evidence of the facts stated therein.

Textual Amendments

F391 Words in s. 82(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(21) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

83 Variation of trusts. S

(1) Where a child is by virtue of a supervision requirement removed from the care of any person and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the child, on the application of the local authority concerned any court of summary jurisdiction, having jurisdiction in the place where that person is for the time being residing, may at any time order the whole or any part of the sums so payable under the trust to be paid to the local authority, to be applied by the authority for the benefit of the child in such manner as, having regard to the terms of the trust, the court may direct.

(2) Where the person in whose care a child has been residing is for the time being residing in England or Wales or Northern Ireland the foregoing subsection shall have effect as if for the reference to a court having jurisdiction in the place where that person is residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority [F392 looking after] the child.

Textual Amendments

F392 Words in s. 83(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(22) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

[F393 83A References in this Part of this Act to child being looked after. S

In this Part of this Act, references to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.]

Textual Amendments

F393 S. 83A inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(23) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Part VII U.K. Miscellaneous and General

General U.K.

84 Transfer of assets and liabilities. S

Where any functions are transferred to a local authority by virtue of this Act all property, rights, liabilities and obligations relating to the performance of those functions which immediately before the date of transfer were the property, rights, liabilities and obligations of the body or person from which the functions are transferred shall on that date be transferred to and vest in the local authority or, as the case may be, the local authorities to which the functions have been transferred, and the provisions of Schedule 6 to this Act shall have effect for the purposes of this section.

85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F394 S

Textual Amendments

F394 S. 85 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I

86 Adjustments between authority providing accommodation etc., and authority of area of residence. E+W+S

(1) Any expenditure which apart from this section would fall to be borne by a local authority—

(a) in the provision under this Act [F395 , or under section 25 of the Children (Scotland) Act 1995,]of accommodation for a person ordinarily resident in the area of another local authority, or

(b) in the provision under Part II of this Act [F396 , or under or by virtue of Part II of the said Act of 1995, of services and facilities for a person ordinarily so resident (including, in the case of a child, any expenses incurred after he has ceased to be a child, and, in the event of another local authority taking over, under section 25(4) of that Act, the provision of accommodation for him,] including also any travelling or other expenses incurred in connection with the taking over), or

(c) for the conveyance of a person ordinarily resident as aforesaid, or

(d) in administering a supervision requirement in respect of a person ordinarily resident as aforesaid, [F397 or]

[F397 (e) in the provision of accommodation, services or facilities for persons ordinarily so resident under section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984;]

shall be recoverable from the other local authority, and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales.

(2) Any question arising under this section as to the ordinary residence of a person shall be determined by the Secretary of State, and the Secretary of State may determine that a person has no ordinary residence.

(3) In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he was a patient in a hospital [F398 forming part of the hospital and specialist services] provided under [F399 sections 2 and 3 of the M54 National Health Service Act 1977] or [F400 Part II of the M55 National Health Service (Scotland) Act 1978][F401 or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978] or, in the case of a child, any period during which he resided in any place as an inmate of a school or other institution, or in accordance with the requirements of a supervision requirement, supervision order or probation order or the conditions of a recognizance, or while boarded out under this Act or under F402 . . . the M56 Children and Young Persons (Scotland) Act 1937 by a local authority or education authority [F403 or placed with local authority foster parents under the Children Act 1989][F404 or provided with accommodation under paragraph (a) of, or by virtue of paragraph (c) of, section 26(1) of the Children (Scotland) Act 1995] shall be disregarded.

Textual Amendments

F395 Words in s. 86(1)(a) inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F396 Words in s. 86(1)(b) substituted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F397 S. 86(1)(e) and the word “or” immediately preceding it inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(11)

F398 Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II

F399 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 48

F400 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(2)

F401 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(12)

F402 Words in s. 86(3) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F403 Words in s. 86(3) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 23; S.I. 1991/828, art. 3(2)

F404 Words in s. 86(3) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Marginal Citations

M54 1977 c. 49.

M55 1978 c. 29.

M56 1937 c. 37.

[F405 86A Exclusion of powers to provide accommodation in certain cases. S

(1) Subject to subsection (3) below, no accommodation may be provided under this Act for any person who, immediately before the date on which this section comes into force, was ordinarily resident in relevant premises.

(2) In subsection (1) above “relevant premises” means—

(a) any establishment in respect of which a person is registered under section 62 of this Act;

(b) any nursing home within the meaning of the Nursing Homes Registration (Scotland) Act M57 1938 in respect of which a person is registered or exempt from registration under that Act;

(c) any private hospital registered under section 12 of the Mental Health (Scotland) Act M58 1984; and

(d) such other premises as the Secretary of State may by regulations prescribe.

(3) The Secretary of State may by regulations provide that in such cases and subject to such conditions as may be prescribed subsection (1) above shall not apply in relation to such classes of persons as may be prescribed in the regulations.

(4) The Secretary of State shall by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in any premises for the purposes of subsection (1) above.

(5) This section does not affect the validity of any contract made before the date on which this section comes into force for the provision of accommodation on or after that date or anything done in pursuance of such a contract.]

Textual Amendments

F405 S. 86A inserted (S.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 57; S.I. 1992/2975, art. 2(2), Sch.

Modifications etc. (not altering text)

C48 S. 86A(1) restricted (1.4.1993) by S.I. 1993/477, regs. 4-9.

Marginal Citations

M57 1938 c. 73(113:3).

M58 1984 c. 36(85).

87 Charges that may be made for services and accommodation. E+W+S

[F406 (1) Subject to sections 78 and 78A of this Act (contributions in respect of maintainable children) and to the following provisions of this section, a local authority providing a service under this Act [F407 or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984][F408 or under or by virtue of Part II of the Children (Scotland) Act 1995]may recover such charge (if any) for it as they consider reasonable.

(1A) If a person—

(a) avails himself of a service provided under this Act [F409 or section 7 or 8 of the said Act of 1984][F408 or under or by virtue of Part II of the Children (Scotland) Act 1995]; and

(b) satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,

the authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.]

(2) Persons, other than maintainable children, for whom accommodation is provided under this Act [F410 or section 7 of the said Act of 1984], shall be required to pay for that accommodation in accordance with the subsequent provisions of this section.

(3) Subject to the following provisions of this section, accommodation provided under this Act [F410 or section 7 of the said Act of 1984] shall be regarded as accommodation provided under Part III of the M59 National Assistance Act 1948, and [F411 sections 22(2) to (8)] and 26(2) to (4) [F412 as amended by [F413 the Schedule to the Housing (Homeless Persons) Act 1977, paragraph 2(1) of Schedule 4 to the Social Security Act 1980,] section 20 of the M60 Health and Social Services and Social Security Adjudications Act 1983 [F414 and paragraph 32 of Schedule 10 to the Social Security Act 1986])] (charges for accommodation and provision of accommodation in premises maintained by voluntary organisations) and sections 42 [F415 (as amended by paragraphs of Schedule 1 to the Law Reform (Parent and Child) (Scotland) Act 1986) and 43] of the said Act of 1948 (which make provision for the mutual maintenance of wives and husbands and the maintenance of their children by recovery of assistance from persons liable for maintenance and for affiliation orders, etc. ) shall apply accordingly.

(4) In the application of the said section 22, for any reference to the Minister there shall be substituted a reference to the Secretary of State, and in the application of the said section 26, any references to arrangements under a scheme for the provision of accommodation shall be construed as references to arrangements made by a local authority with a voluntary organisation [F416 or any other person or body] for the provision of accommodation under this Act [F417 or section 7 of the said Act of 1984].

(5) The Secretary of State may, with the consent of the Treasury, make regulations for modifying or adjusting the rates at which payments under this section are made, where such a course appears to him to be justified, and any such regulations may provide for the waiving of any such payment in whole or in part in such circumstances as may be specified in the regulations.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F418

Textual Amendments

F406 S. 87(1)(1A) substituted for s. 87(1) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 18

F407 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(a)

F408 Words in s. 87(1)(1A) inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(25) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F409 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(b)

F410 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c)

F411 Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 5(1)

F412 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(2)

F413 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(a)

F414 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(b)

F415 Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(c)

F416 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(d)

F417 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c)

F418 S. 87(6) repealed by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 5 Pt. II

Modifications etc. (not altering text)

C49 S. 87(2): power to modify conferred (S.) (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 2; S.S.I. 2002/170, art. 2

C50 S. 87(3): power to modify conferred (S.) (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 2; S.S.I. 2002/170, art. 2

Marginal Citations

M59 1948 c. 29.

M60 1983 c. 41.

F419 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F419 S. 88 repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(26), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F420 S

Textual Amendments

F420 S. 89 repealed by Tribunals and Inquiries Act 1971 (c. 62, SIF 127), Sch. 4 Pt. I

90 Orders, regulations etc. S

(1) Any power to make regulations or orders F421 . . . . . . F422 , or to make rules conferred on the Secretary of State by this Act shall be exercisable by statutory instrument.

(2) Any statutory instrument made in the exercise of any power to make regulations conferred by this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any power conferred by this Act to make orders shall include a power, exercisable in the like manner and subject to the same conditions, to vary or revoke any such order.

Textual Amendments

F421 Words in s. 90(1) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(27), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F422 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c)(d), Sch. 5 para. 63, Sch. 6

91 Expenses. S

There shall be defrayed out of moneys provided by Parliament—

(a) any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and

(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

92 Effect of Act on rate support grant. S

(1) The Secretary of State shall have power, by an order made in the like manner and subject to the like provisions as a rate support grant order, to vary the provisions of any rate support grant order made before the commencement of this Act for a grant period ending after the commencement of this Act.

(2) Any order made by virtue of this section may be made for all or any of the years comprised in the said rate support grant period, as may be specified in the order, and in respect of the year or years so specified shall increase the annual aggregate amount of the rate support grants to such extent as may appear to the Secretary of State to be appropriate having regard to any additional expenditure incurred or likely to be incurred by councils of counties or of large burghs in consequence of the passing of this Act.

(3) The provisions of this section shall have effect without prejudice to the exercise of any power conferred by section 4 of the M61 Local Government (Scotland) Act 1966 (which confers power to vary rate support grant orders in consequence of unforeseen increases in the level of prices, costs or remuneration).

(4) In this section the expressions “rate support grant order” and “grant period” have the meanings respectively assigned to them by subsection (1) and subsection (3) of section 3 of the M62 Local Government (Scotland) Act 1966.

Marginal Citations

M61 1966 c. 51.

M62 1966 c. 51.

[F423 92A Powers of the Secretary of State to make grants. S

The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under–

(a) Part II of this Act; and

(b) sections 7 and 8 of the Mental Health (Scotland) Act M63 1984,

in relation to persons suffering from mental illness.]

Textual Amendments

F423 S. 92A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 58

Marginal Citations

M63 1984 c. 36(85).

Supplementary U.K.

93 Transitional provisions. S

The transitional provisions set out in Schedule 7 to this Act shall have effect for the purposes of the transition to the provisions of this Act from the law in force before the commencement of this Act.

94 Interpretation. S

(1) In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

• “approved school” means a school approved by the Secretary of State under section 79 of the M64 Children and Young Persons Act 1933,

• “approved school order” has the meaning assigned to it by section 107(1) of the M65 Children and Young Persons Act 1933,

• F424 . . .

• F425 . . .

• “constable” means a constable of a police force within the meaning of the M66 Police (Scotland) Act 1967,

• “contributor” and “contribution order” have the meanings respectively assigned to them by sections 78 and 80 of this Act,

• [F426 “domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;]

• “establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides non-residential accommodation for the purposes of this Act [F427 or of Part II of the Children (Scotland) Act 1995,] whether for reward or not,

• “functions” shall include powers and duties,

• F428 . . .

• “hospital” means—

(a) any hospital vested in the Secretary of State under the M67 National Health Service (Scotland) Act [F429 1978],

[F430 (aa) any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978;]

(b) any private hospital registered under the [F431 Mental Health (Scotland) Act 1984], and

(c) any State hospital, within the meaning of [F431 Part VIII of the said Act of 1984],

• “local authority”, in relation to Scotland, has the meaning assigned to it by section 1(2) of this Act,

• “maintainable child” has the meaning assigned to it by section 78 of this Act,

• “mental disorder” has the meaning assigned to it by [F432 section 1(2) of the Mental Health (Scotland) Act 1984],

• “mental health officer” means an officer of a local authority appointed to act as a mental health officer for the purposes of the [F433 said Act of 1984],

• [F434 “parent” means either parent or both parents, except that where the child was born out of wedlock and the parents have not subsequently married each other it means the natural mother but not the natural father;]

• “performance”, in relation to functions, includes the exercise of powers as well as the performance of duties, and “perform” shall be construed accordingly,

• “persons in need” means persons who,

(a) are in need of care and attention arising out of infirmity, youth or age; or

(b) suffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F435

(d) being persons prescribed by the Secretary of State who have asked for assistance, are, in the opinion of a local authority, persons to whom the authority may appropriately make available the services and facilities provided by them under this Act,

• F436 . . .

• [F437 “prescribed” means—

(a) in [F438 section 3] prescribed by regulations,

F439 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in sections [F440 27A, 27B,] 62(2), [F441 64A(3),] 66(1) and (2), 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order,

[F442 and “prescribe” shall be construed accordingly.]]

• “probation order”, in relation to an order imposed by a court in England or Wales, has the meaning assigned to it by [F443 section 2 of the M68 Powers of Criminal Courts Act 1973], and in relation to such an order, imposed by a court in Northern Ireland, has the same meaning as in the M69 Probation Act (Northern Ireland) 1950,

• “residential establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides residential accommodation for the purposes of this Act [F444 or of Part II of the Children (Scotland) Act 1995], whether for reward or not,

• F445 . . .,

• “supervision order”, in relation to an order imposed by a court in England or Wales, [F446 means a supervision order under the Children and Young Persons Act 1969 Act or the Children Act 1989], and in relation to an order imposed by a court in Northern Ireland [F447 means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995],

• “supervision requirement” has the meaning assigned to it by [F448 section 70(1) of the Children (Scotland) Act 1995],

• [F449 “training school” has the meaning assigned to it by section 180(1) of the Children and Young Persons Act (Northern Ireland) 1968;]

• “training school order” means an order made by a court in Northern Ireland sending a child or young person to a training school,

• “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority,

• “welfare authority” means a welfare authority constituted under the M70 Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.

(2) Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment including this Act.

(3) Without prejudice to the last foregoing subsection, any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.

Textual Amendments

F424 S. 94(1): definition of “children's panel” and “children's hearing” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(a), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F425 S. 94(1): definition of “compulsory measures of care” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F426 Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(14)(a)

F427 S. 94(1): words in the definition of “establishment” inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F428 S. 94(1): definition of “guardian” repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(d), Sch. 5; S.I. 1996/2203, art. 3(3), Sch., Table (with arts. 4-7)

F429 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(3)

F430 Para. (aa) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(14)(b)

F431 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 17(a)

F432 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 17(b)

F433 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 17(c)

F434 S. 94(1): definition of “parent” substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(e) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (with arts. 4-7)

F435 Para (c) repealed by Housing (Homeless Persons) Act 1977 (c. 48, SIF:61), Sch.

F436 S. 94(1): definition of “place of safety” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(f), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F437 Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 64(1)

F438 S.94(1): words in the definition of “prescribed” in para. (a) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(g)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F439 S. 94(1): para. (b) in the definition of “prescribed” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(g)(ii), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (S.) (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F440 Words in s. 94(1) inserted (01. 04. 1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(7); S.I. 1991/850, art. 3 Sch.

F441 “64A(3),” inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 6(2)(a)

F442 Words inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 6(2)(b)

F443 Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 56(1), Sch. 5 para. 30

F444 S. 94(1): words in the definition of “residential establishment” inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(h) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F445 S. 94(1): definition of “school age” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(i), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F446 Words in s. 94(1) substituted (14. 10. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 36; S.I. 1991/1883, art. 3 Sch.

F447 S. 94(1): words in the definition of “supervision order” substituted (4.11.1996) by S.I. 1995/756, art. 5(6); S.R. 1996/297, art. 3

F448 S. 94(1): words in the definition of “supervision requirement” (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(j) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F449 S. 94(1): definition of “training school” substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(k) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

Marginal Citations

M64 1933 c. 12.

M65 1933 c. 12.

M66 1967 c. 77.

M67 1978 c. 29.

M68 1973 c. 62.

M69 1950 c. 7 (N.I.)

M70 1946 c. 19 (N.I.)

95 Minor and consequential amendments, repeals and savings. U.K.

(1) The enactments described in Schedule 8 to this Act shall have effect subject to the amendments therein specified, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2) The enactments described in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) Subject to any expression in this Act to the contrary, in so far as any appointment, agreement or any provision in a regulation or order made or any notice, direction, consent, approval, warrant or certificate given under any enactment repealed by this Act or registration effected, or deemed to have been effected, proceedings instituted or other thing done under any such enactment could have been made, passed, given, granted, effected, instituted or done under a corresponding provision of this Act, it shall not be invalidated by this repeal, but shall have effect as if it had been made, passed, given, granted, effected, instituted or done to that corresponding provision and may be amended, varied, revoked or enforced accordingly, and, in the case of any legal proceedings, may be continued and appealed against as if this Act had not been passed.

Modifications etc. (not altering text)

C51 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 59A, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F450 S

Textual Amendments

F450 S. 96 repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I

97 Extension of certain provisions of Act to England and Wales, Northern Ireland and the Channel Islands. S

(1) The following provisions of this Act shall extend to England and Wales, that is to say—

• F451 . . .

• F451 . . .

• sections 86 and 87

• F451 . . .

• [F452 section 98(3) and Schedule 2 paragraphs 7 and 13]

• Schedule 8

• Part II of Schedule 9.

F453 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F453 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Save as aforesaid, and except in so far as it relates to the interpretation or commencement of the provisions, this Act shall extend only to Scotland.

Textual Amendments

F451 Words in s. 97 repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(29)(a), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

F452 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 65

F453 S. 97(2)(3) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(29)(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

98 Commencement. E+W+S

(1) This Act (except this section) shall come into operation on such date as the Secretary of State may by order appoint.

(2) Different dates may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the date on which that provision comes into operation.

[F454 (3) An order under this section may make such transitional provisions as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provision of this Act then in force as appear to the Secretary of State necessary or expedient for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of the M71 Children and Young Persons Act 1969.]

Textual Amendments

F454 S. 98(3) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 66

Marginal Citations

M71 1969 c. 54.

99 Short title. S

This Act may be cited as the Social Work (Scotland) Act 1968.

SCHEDULES

F455 F455 SCHEDULE 1 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F455 Sch. 1 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3

Section 31.

SCHEDULE 2 E+W+S Amendment of Part IV of the M72 Children and Young Persons (Scotland) Act 1937

Marginal Citations

M72 1937 c. 37.

Part I S

General Adaptations S

[F456 1 S Any reference to a child or to a young person shall be construed as a reference to a child as defined in section 93(2)(b) of the Children (Scotland) Act 1995.]

Textual Amendments

F456 Sch. 2 para. 1 substituted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(30) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))

2 S Any reference to a court of summary jurisdiction or to a juvenile court . . . F457 shall be construed as a reference to the sheriff sitting summarily.

Textual Amendments

F457 Words repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

Part II E+W+S Specific Adaptations

3—6 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F458

Textual Amendments

F458 Sch. 2 Pt. II paras. 3—6 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

7 E+W+S In section 46(1) for the words “child or young person”, in both places where these words occur, there shall be subsituted the words “a person under the age of seventeen years”.

Modifications etc. (not altering text)

C52 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8—15. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F459

Textual Amendments

F459 Sch. 2 Pt. II paras. 8—15 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

16 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F460

Textual Amendments

F460 Sch. 2 para. 16 repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 70(2), Sch. 2

17 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F461

Textual Amendments

F461 Sch. 2 Pt. II para. 17 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

18 S In section 62, for the words “an approved school” there shall be subsitituted the words “a residential establishment”, and in paragraph (c), for the word “school” there shall be subsitituted the words “residential establishment”.

Modifications etc. (not altering text)

C53 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

19, 20. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F462

Textual Amendments

F462 Sch. 2 Pt. II paras. 19, 20 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

Section 33.

SCHEDULE 3 U.K. Children’s Panels

Appointment S

1 S The Secretary of State shall appoint such number of members of children’s panels for each local authority area as he considers appropriate and from among these members he shall appoint a chairman and a deputy chairman.

2 S A member of a children’s panel shall hold office for such period as is specified by the Secretary of State, but may be removed from office by the Secretary of State at any time.

Children’s Panel Advisory Committee S

3 S [F463 Subject to paragraph 5B below,]each local authority shall form a Children’s Panel Advisory Committee consisting of

[F464 F465 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) F466 . . .]

two members nominated by the local authority and three members nominated by the Secretary of State . . . F467

Textual Amendments

F463 Words in Sch. 3 para. 3 inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(a)(i); S.I. 1996/323, art. 4(1)(b)(c)

F464 Para. 3(i)(ii) inserted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 187(a)

F465 Sch. 3 para. 3(i) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(25)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F466 Sch. 3 para. 3(ii): the words “in any other case,” repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(25)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F467 Words repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29

Modifications etc. (not altering text)

C54 Para. 3 extended by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), s. 23(2)

[F468 3A S The Secretary of State may, at the request of the local authority provide for an increase in the membership of the Children’s Panel Advisory Committee for the area of the authority by such number, not exceeding 5, of additional members as the authority specify in relation to their request, the additional members to be nominated as follows—

(a) the first, second and fourth additional members, by the Secretary of State;

(b) the third and fifth additional members, by the local authority]

Textual Amendments

F468 Sch. 3 para. 3A added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 24

4 S The chairman of the Children’s Panel Advisory Committee shall be appointed by the Secretary of State from among the members he has nominated, and shall be resident in the area of the local authority.

5 S It shall be the duty of the Children’s Panel Advisory Committee—

(a) to submit names of possible panel members to the Secretary of State;

(b) to advise the Secretary of State as required on the suitability of persons referred to him as possible members; and

(c) to advise the Secretary of State on such matters relating to the general administration of panels as he may refer to them.

[F469 5A S The Children’s Panel Advisory Committee shall have power—

(a) to appoint sub-committees;

(b) to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and

(c) to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;

and the provisions of paragraph 8 below shall apply to any persons appointed under sub-paragraph (b) above as they apply to members of the Children’s Panel Advisory Committee.]

Textual Amendments

F469 Sch. 3 para. 5A added by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 187(b)

[F470 5B (1) Two or more local authorities may, for the purpose of discharging the function imposed on them by paragraph 3 above, make arrangements to form a Children’s Panel Advisory Committee for their areas (hereafter referred to as a “joint advisory committee”). S

(2) A joint advisory committee shall not be formed in pursuance of arrangements made under sub-paragraph (1) above unless the authorities concerned have obtained the consent in writing of the Secretary of State.

(3) The Secretary of State may give a direction, in any case where a joint advisory committee has not been formed, to two or more local authorities requiring them to form a joint advisory committee; and the local authorities shall comply with any such direction.

(4) The provisions of this Schedule shall apply, subject to any necessary modifications, to a joint advisory committee as they apply to a Children’s Panel Advisory Committee formed under the said paragraph 3.]

Textual Amendments

F470 Sch. 3 para. 5B inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(b); S.I. 1996/323, art. 4(1)(b)(c)

Recruitment and Training of Panel Members S

6 S The Secretary of State may make such arrangements as he considers appropriate to recruit and train members or possible members of children’s panels.

7 S Each local authority [F471 shall] make such arrangements as they consider appropriate—

(a) to enable the Children’s Panel Advisory Committee to obtain names for submission to the Secretary of State as possible panel members, and

(b) to train panel members or possible panel members.

Textual Amendments

F471 Words in Sch. 3 para. 7 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(c); S.I. 1996/323, art. 4(1)(b)(c)

Expenses of Panel Members S

[F472 8 S A local authority may pay–

(a) to a member or possible member of the children’s panel,

(b) to a member of the Children’s Panel Advisory Committee,

such allowances as may be determined by the Secretary of State; and he may determine differently in relation to different cases or classes of case.]

Textual Amendments

F472 Sch. 3 para. 8 substituted by Local Government and Housing Act 1989 (c. 42), s. 194(1), Sch. 11 para. 15

F473 F473 SCHEDULE 4 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F473 Sch. 4 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 5

Section 64.

SCHEDULE 5 S Appeal Tribunals

Section 84.

SCHEDULE 6 S Transfer of Assets and Liabilities

1 S Every agreement to which the transferor was a party immediately before the date of transfer shall have effect as from that date in favour of or against the transferee as if the transferee had been a party to the agreement instead of the transferor.

2 S Where the functions of the transferor are transferred to more than one transferee the property, rights, liabilities and obligations of the transferor shall be allocated in such a manner as relates to the allocation of the functions transferred to each of the transferees.

3 S Any legal or other proceedings to which the transferor is a party which are pending on the date of the transfer may be continued on or after that date as if the transferee instead of the transferor had been that party.

4 S The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.

5 S In this Schedule—

(a) “transferor” means a body or person from whom a function has been transferred under this Act and from whom any property, right, liability or obligation has been so transferred, and

(b) “transferee” means a local authority to whom a function or any property, right, liability or obligation has been so transferred,

and “transfer of function” includes the giving of a function to a local authority which was previously performed by another body including another local authority.

Section 93.

SCHEDULE 7 S Transitional Provisions

Registration of existing establishments S

1 (1) Until the expiration of a period of two years beginning with the commencement of Part IV of this Act, or until registration is effected or refused under the said Part IV, whichever of those three events first occurs— S

(a) a registration in respect of any establishment under any enactment repealed by this Act shall for the purposes of this Act be deemed to be a registration kept by a local authority under [F474 section 62] thereof, and

(b) a registration in respect of any establishment (other than an approved school) not required under any enactment immediately before the said commencement but required thereafter shall for the purposes of this Act be deemed to be kept as aforesaid by a local authority so long as there is no change of user.

(2) Notwithstanding the coming into operation of the said Part IV, the provisions of the said Part shall not apply in relation to approved schools until the commencement of Part III of this Act and thereafter, until the expiration of a period of two years beginning with the said commencement or until registration is effected or refused under the said Part IV, whichever of these three events first occurs, a registration in respect of an approved school required under the said Part IV shall, subject to the provisions of the next following paragraph, be deemed to be kept by the Secretary of State under that Part.

(3) Before the expiration of the period of two years mentioned in either of the two foregoing sub-paragraphs, the persons responsible for the management of any establishment deemed to be registered as aforesaid shall, if they intend the establishment to continue for the purposes in respect of which it is so deemed, make application for registration in accordance with the provisions of the said Part IV.

Textual Amendments

F474 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 69

Approved schools S

2 (1) The following enactments shall, notwithstanding the repeal or exclusion by this Act of any such enactment, continue to have effect, with any necessary modifications, in relation to establishments which were approved schools immediately before the commencement of Part III of this Act until such time as the Secretary of State otherwise directs, either generally or in regard to any particular establishment— S

(a) the M73 Children and Young Persons (Scotland) Act 1937: sections 83(2) and (3) and 85(1), (2)(a) and (c) (surrender of certificate of approval of approved school and classification and administration etc. of approved schools); section 107(1)(a)(i) and (b) and (2) (exchequer grants and expenses of the Secretary of State);

(b) the M74 Criminal Justice (Scotland) Act 1963: sections 21 and 22 (directions as to management of approved schools and constitution of managers).

(2) Until such time as the Secretary of State makes a direction under sub-paragraph (1) of this paragraph in respect of an establishment the payments made by a local authority under this Act in respect of the expenses of carrying on the establishment shall be at such rate as the Secretary of State shall from time to time prescribe.

(3) Until such time as aforesaid any contributions or sums received by a local authority by virtue of any order or decree made under Part VI of this Act, or deemed to be so made, in respect of a child in an establishment shall be paid to the Secretary of State, but subject to such deductions in respect of the services rendered by the authority as may be prescribed.

Marginal Citations

M73 1937 c. 37.

M74 1963 c. 39.

Contributions in respect of children taken into care S

3 S After the commencement of Part II of this Act and until the commencement of Part VI thereof, Part III of the M75 Children Act 1948 shall have the like effect in relation to children taken into care under section 15 of this Act as it had in relation to children taken into care under section 1 of that Act.

Marginal Citations

M75 1948 c. 43.

Approved school orders, fit person orders, and supervision orders S

4 (1) This paragraph applies to children who immediately before the commencement of Part III of this Act were in any of the following classes, that is to say children who are— S

(a) subject to an approved school order,

(b) committed to the care of a fit person under an order of a court,

(c) under a supervision order,

(d) subject to an order of committal to custody in a remand home.

(2) Subject to the next following sub-paragraph, a child to whom this paragraph applies shall, on the coming into operation of the said Part III, continue to be subject to any such order as aforesaid, and any provision of any enactment applying to the operation of the order and the treatment of the child shall, notwithstanding the repeal or exclusion by this Act of any such provision, continue so to apply.

(3) It shall be the duty of such local authorities as may be prescribed by the Secretary of State, by such date, and in such circumstances and in such cases as may be so prescribed to arrange for children to whom this paragraph applies to be brought before a children’s hearing for the consideration and disposal of their cases under Part III of this Act, and on the disposal of a case the order relating to the child shall cease to have effect.

(4) The provisions of the last foregoing sub-paragraph shall apply in the case of a child over the age of sixteen years who has not attained the age of eighteen years, but where a child has attained the age of eighteen years, on such date as the Secretary of State may prescribe, the order relating to the child shall cease to have effect.

Jurisdiction of courts S

5 (1) Subject to the next following sub-paragraph, on the commencement of Part III of this Act, for the purpose of continuing the jurisdiction of courts in respect of children and young persons who before the said commencement have been charged with an offence, and in respect of children and young persons whose cases have been disposed of but where the courts have continuing functions at the time of that commencement arising from the form of disposal, the provisions of any enactment relating to those courts and cases in them shall, notwithstanding the repeal or exclusion by this Act of any such provisions, continue to have effect in relation to those courts and to those cases. S

(2) In the case of a juvenile court constituted under section 51 of the M76 Children and Young Persons (Scotland) Act 1937, the provisions of the foregoing sub-paragraph shall apply until such time as the Secretary of State otherwise directs, and on any such direction being made any question arising from the imposition of an order of such a court shall be dealt with by the sheriff having jurisdiction in the former area of that court as if the order had been made by him.

Marginal Citations

M76 1937 c. 37.

6 S On the coming into operation of the said Part III the jurisdiction of a juvenile court in relation to the care and protection of children shall cease, and any case of a child under the age of sixteen years which was before the court under that jurisdiction immediately before the said commencement shall stand referred to the [F475 Principal Reporter] of the local authority in whose area the child is ordinarily resident, or, where his ordinary residence is not known or is furth of Scotland, to the [F475 Principal Reporter] of the local authority in whose area the circumstances arose which brought his case before the court.

Textual Amendments

F475 Words in Sch. 7 para. 6 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

Remand Home Grant S

7 S Until such time as the Secretary of State may direct, section 107(a)(iii) of the M77 Children and Young Persons (Scotland) Act 1937 shall continue to have effect.

Marginal Citations

M77 1937 c. 37.

Probation Grant S

8 S Until such time as the Secretary of State may by order direct, section 75 (3)(a) and (b), (4) and (5) of the M78 Criminal Justice (Scotland) Act 1949 shall continue to have effect.

Marginal Citations

M78 1949 c. 94.

Interpretation S

9 S In this Schedule the following expressions have the meanings assigned to them—

• “approved school” means a school approved under section 83 of the M79 Children and Young Persons (Scotland) Act 1937.

• “approved school order” has the meaning assigned to it by section 110(1) of the said Act of 1937.

• “remand home” has the meaning assigned to it by section 78(1) of the M80 Criminal Justice (Scotland) Act 1949.

• “supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.

Marginal Citations

M79 1937 c. 37.

M80 1949 c. 94.

Section 95(1).

SCHEDULE 8 U.K. Minor and Consequential Amendments

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F476

Textual Amendments

F476 Sch. 8 para. 1 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

2—5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F477

Textual Amendments

F477 Sch. 8 paras. 2–5 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6

M81 Children and Young Persons (Scotland) Act 1937 U.K.

Marginal Citations

M81 1937 c. 37.

6 U.K. In section 38(3), for the words “an approved school” there shall be substituted the words “a residential establishment where education is provided”.

Modifications etc. (not altering text)

C55 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7 (1) In section 87(1), for the words from “to an approved school” to the end of the subsection there shall be substituted the words “to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the M82 Criminal Justice (Scotland) Act 1963 as if the order sending him to the school in England or Northern Ireland were an order for committal for residential training made under section 58A of this Act made upon the same date, and as if the order were authority for his detention for a period not exceeding the period for which he might be detained under the approved school order or, as the case may be, the training school order made in respect of him”. U.K.

(2) In section 87(2)

to (4), any reference to an approved school in Scotland shall be construed as a reference to a place in respect of which the Secretary of State has made, or may make, a direction under subsection (1) [F478 ; and in section 87(2) and (4) the words “England or”, wherever they occur, shall be omitted.]

(3) In section 87(3), the words from “approved school as” to the end of the subsection shall be omitted, and there shall be substituted the words “to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order were an order for committal for residential training made under section 58A of this Act made upon the same date”.

Textual Amendments

F478 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 70(b)

Modifications etc. (not altering text)

C56 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M82 1963 c. 39.

8 U.K. After section 101(2) there shall be inserted the following subsection—

“(2A) Expenses incurred under this Act by a local authority shall be defrayed in like manner as the expenses of that authority under the Social Work (Scotland) Act 1968.”

Modifications etc. (not altering text)

C57 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9 (1) In section 103(1), for the words “whether charged with an offence or not” there shall be substituted the words “charged with an offence”. U.K.

(2) After subsection (1), there shall be added the following subsection—

“(1A) The court in making any inquiry in pursuance of the last foregoing subsection shall have regard to the application for the provisions of section 30(1) of the Social Work (Scotland) Act 1968 but an order of judgement of the court shall not be invalidated by any subsequent proof that the court was not informed that at the material time the person was subject to a supervision requirement or that his case had been referred to a children’s hearing under Part V of that Act.”

(3) After subsection (4), there shall be added the following subsection—

“(5) In subsections (1) and (2) of this section, references to a child or young person charged with an offence shall be construed as references to a child within the meaning of section 30(1) of the Social Work (Scotland) Act 1968.”

Modifications etc. (not altering text)

C58 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

10 U.K. In section 110(1), in the definition of “Child”, for the words “Part III” there shall be substituted the words “Parts III and IV” ; and for the definition of “Place of safety” there shall be substituted the following definition—

““Place of safety” has the same meaning as in the Social Work (Scotland) Act 1968 ;”

and after the definition of “Remand” there shall be inserted the following definition

““Residential establishment” has the same meaning as in the Social Work (Scotland) Act 1968.”

Modifications etc. (not altering text)

C59 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

M83 National Health Service (Scotland) Act 1947 U.K.

Marginal Citations

M83 1947 c. 27.

11 (1) In section 15(1), after paragraph (f) there shall be inserted the following paragraph— U.K.

“(g) the provision of any of the services which a local authority are required to provide under the Social Work (Scotland) Act 1968 ;”

(2) In subsection (4), after the words “education authorities” there shall be inserted the words “or any of the social work services which local authorities” ; and after the words “education authority” there shall be inserted the words “or local authority”.

Modifications etc. (not altering text)

C60 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

12 U.K. In section 27, at the end there shall be added the following subsection—

“(4) On the coming into operation of section 1(4) of the Social Work (Scotland) Act 1968, a local health authority shall not perform any function under this section which may be performed by a local authority by virtue of that section.”

Modifications etc. (not altering text)

C61 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

13 U.K. In section 63, after the words “foregoing section” there shall be inserted the words “or local authority within the meaning of the Social Work (Scotland) Act 1968”.

Modifications etc. (not altering text)

C62 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

M84 National Assistance Act 1948 U.K.

Marginal Citations

M84 1948 c. 29.

14 U.K. In section 32(1), at the end there shall be inserted the words “, and in this subsection any reference to another local authority includes a reference to a local authority in Scotland” .

Modifications etc. (not altering text)

C63 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F479 15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F479 Sch. 8 para. 15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X.

16 U.K. In section 65, at the end, there shall be added the following paragraph—

“(f) any reference however expressed to accommodation provided under Part III thereof shall be construed as a reference to accommodation provided under Part IV of the Social Work (Scotland) Act 1968.”

Modifications etc. (not altering text)

C64 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F480

Textual Amendments

F480 Sch. 8 para. 17 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6

18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F481

Textual Amendments

F481 Sch. 8 para. 18 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6

19 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F482

Textual Amendments

F482 Sch. 8 para. 19 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6

M85 Nurseries and Child-Minders Regulation Act 1948 U.K.

Marginal Citations

M85 1948 c. 53.

F483 20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F483 Sch. 8 para. 20 repealed (E.W.S.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15, S.I. 1991/828, art. 3(2) and repealed (N.I.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by virtue of 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(b); S.I. 1996/3201, art. 3(6)(7)

21 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F484

Textual Amendments

F484 Sch. 8 para. 21 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6

22—31 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F485

Textual Amendments

F485 Sch. 8 paras. 22–31 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

M86 Maintenance Orders Act 1950 U.K.

Marginal Citations

M86 1950 c. 37.

32 U.K. In section 8(1), after the words “the Children Act 1948” there shall be inserted the words “or section 81 of the Social Work (Scotland) Act 1968”.

Modifications etc. (not altering text)

C65 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

33 (1) In section 9, in subsection (1), after paragraph (a) there shall be inserted the following paragraph— U.K.

“(aa) for a contribution order under section 80 of the Social Work (Scotland) Act 1968 (enforcement of duty to make contributions by parents in respect of their children while in the care of a local authority under Part II of that Act or under a supervision requirement) ;”.

(2) In subsection (2) after the words “forty-three”, there shall be inserted the words “or said section 80”.

Modifications etc. (not altering text)

C66 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

34 U.K. In section 16(2)(b), after sub-paragraph (v) there shall be inserted the following sub-paragraph—

“(vi) a contribution order under section 80 of, or a decree or an order made under section 81 of, the Social Work (Scotland) Act 1968 ;”.

Modifications etc. (not altering text)

C67 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

35 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F486

Textual Amendments

F486 Sch. 8 para. 35 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6

M87 Valuation and Rating (Scotland) Act 1956 U.K.

Marginal Citations

M87 1956 c. 60.

36 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F487

Textual Amendments

F487 Sch. 8 para. 36 repealed by Rating (Disabled Persons) Act 1978 (c. 40, SIF 103:1, 2), Sch. 2

M88 Adoption Act 1958 U.K.

Marginal Citations

M88 1958 c. 5. (7 & 8 Eliz. 2.)

37 U.K. In section 4(3), paragraph (b) shall be omitted, and after paragraph (c) there shall be inserted the following paragraph—

“(d) section 17 of the Social Work (Scotland) Act 1968 (which makes corresponding provision for Scotland).”

Modifications etc. (not altering text)

C68 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

38 U.K. In section 15(4), for the words “(which provides” there shall be substituted the following words “or section 16 of the Social Work (Scotland) Act 1968 (which sections provide”.

Modifications etc. (not altering text)

C69 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

39 U.K. In section 36(2)(a), for the words “or section ninety” to “1937” there shall be substituted the words “or section 78 of the Social Work (Scotland) Act 1968”.

Modifications etc. (not altering text)

C70 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 59A, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

40 U.K. In section 43(3), after the word “1948” there shall be inserted the words “or, as the case may be, section 15 of the Social Work (Scotland) Act 1968”, and for the words “that section” there shall be substituted the words “the said section 1 or, as the case may be, the said section 15”.

Modifications etc. (not altering text)

C71 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

41 U.K. In section 57, in the definition of “place of safety”, at the end there shall be inserted the following words “and in Scotland has the same meaning as in the Social Work (Scotland) Act 1968 ;”.

Modifications etc. (not altering text)

C72 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

M89 Matrimonial Proceedings (Children) Act 1958 U.K.

Marginal Citations

M89 1958 c. 40.

42 U.K. In section 10, for subsection (4) there shall be substituted the following subsection—

“(4) On the making of an order under this section committing the care of a child to a local authority, Part II of the Social Work (Scotland) Act 1968 (which relates to the treatment of children in care of local authorities) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 15 of that Act, so however that—

(a) the exercise by the local authority of their powers under or by virtue of sections 5, 20 to 22, 59 and 60 of that Act shall be subject to any directions given by the court ; and

(b) section 23 of that Act (which relates to arrangements for the emigration of a child under the care of a local authority) shall not apply.”

Modifications etc. (not altering text)

C73 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

43 (1) In section 11(1), for the words “for the purpose” to “section” there shall be inserted the words “, not being an officer of the local authority for the purpose, appoint an appropriate local authority”, and at the end of the subsection there shall be inserted the following subsection— U.K.

“(1A) In this section “local authority” has the same meaning as in the Social Work (Scotland) Act 1968.”

(2) In subsection (5), for the words “designated officer” there shall be substituted the words “local authority or other person appointed”.

Modifications etc. (not altering text)

C74 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

44—47. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F488

Textual Amendments

F488 Sch. 8 paras. 44–47 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3

48, 49. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F489

Textual Amendments

F489 Sch. 8 paras. 48, 49 repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

50 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F490

Textual Amendments

F490 Sch. 8 para. 50 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5

51—59. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F491

Textual Amendments

F491 Sch. 8 paras. 51–59 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 5

M90 Health Visiting and Social Work (Training) Act 1962 U.K.

Marginal Citations

M90 1962 c. 33.

60 U.K. In section 3(5), after “1948”, insert “or under any re-enactment of any of the provisions of the said Parts of the said Acts of 1947 and 1948 contained in Part II of the Social Work (Scotland) Act 1968.”

Modifications etc. (not altering text)

C75 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

61, 62. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F492

Textual Amendments

F492 Sch. 8 paras. 61, 62 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5

63, 64. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F493

Textual Amendments

F493 Sch. 8 paras. 63, 64 repealed by Education (Scotland) Act 1969 (c. 49), Sch. 2 Pt. II para. 8, Sch. 3

65—67. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F494

Textual Amendments

F494 Sch. 8 paras. 65–67 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5

M91 Children and Young Persons Act 1963 U.K.

Marginal Citations

M91 1963 c. 37.

68 U.K. In section 55, the words from “section 88(5)” to “Scottish Act” shall be omitted and after “1948” there shall be inserted the words “or section 23 of the Sociual Work (Scotland) Act 1968”.

Modifications etc. (not altering text)

C76 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

69—72. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F495

Textual Amendments

F495 Sch. 8 paras. 69—72 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

M92 Registration of Births, Deaths and Marriages (Scotland) Act 1965 U.K.

Marginal Citations

M92 1965 c. 49.

73 (1) In section 15, in subsections (1) and (3), for the words “children’s officer” there shall be substituted the words “director of social work”. U.K.

(2) In subsection (4), for the words “Children and Young Persons (Scotland) Act 1937” there shall be substituted the words “Social Work (Scotland) Act 1968”.

Modifications etc. (not altering text)

C77 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

74 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F496

Textual Amendments

F496 Sch. 8 para. 74 repealed by Child Benefit Act 1975 (c. 61, SIF 113:1), Sch. 5 Pt. I

Section 95(2).

SCHEDULE 9 E+W+S Enactments Repealed

Modifications etc. (not altering text)

C78 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S Repeals Extending to Scotland Only

Session and Chapter	Short Title	Extent of Repeal
1 Edw. 8 & 1 Geo. 6. c. 37.	The Children and Young Persons (Scotland) Act 1937.	In section 21(2), the words from “may take” to the end of the subsection.
		In section 42(1), the words “or is for any other reason brought before a court” and in subsection (2), the words “or taken to a place of safety” and the words “or the person by whom he is taken to the place of safety, as the case may be”.
		In section 47(1) the words “until he can be brought before a juvenile court”, wherever occurring.
		In section 49(1), the words “either as being in need of care or protection or”, the words “or otherwise”, and the words “and for securing that proper provision is made for his education and training”.
		Section 49(2).
		Section 51.
		Section 53(2) and (3).
		Section 59(1) and in subsection (4), the words “under this section, or”.
		Sections 60 and 61.
		In section 63(3) the words “under the Probation of Offenders Act 1907”.
		Sections 65 and 66.
		Sections 68 to 86.
		Sections 88 to 98.
		Section 101(5) and (6).
		Section 106.
		Section 107(1)(a), and (2).
		Section 109.
		In section 110(1)—
		the following definitions—
		“Approved school”, “Approved school order”; “Headmaster”; “In need of care or protection”;
1 Edw. 8 & 1 Geo. 6. c. 37.—cont.	The Children and Young Persons (Scotland) Act 1937—cont.	in the definition of “Justice” the words “(except in section 51 of this Act)”; and the definition of “managers”.
		In section 110, in subsection (3)(a)(ii) the words “and the juvenile court for any area” and subsection (3)(a)(iv).
		Section 111.
		Section 112.
		Schedule 2.
		Schedule 3.
11 & 12 Geo. 6. c. 29.	The National Assistance Act 1948.	Section 21.
		Section 22(1).
		Sections 23 and 24.
		Section 26(1) and (5).
		Section 27.
		Sections 29 and 30.
		Section 32.
		Sections 34 to 40.
		Section 50(3).
		Section 58(1) and (4).
11 & 12 Geo. 6. c. 43.	The Children Act 1948.	The whole Act.
12, 13 & 14 Geo. 6. c. 94.	The Criminal Justice (Scotland) Act 1949.	Section 2(3) and (9).
		Section 4(2) and (3).
		Section 5(3).
		In section 7, in subsection (2), the words from “to omit” to “and”, and in subsection (4), the words to “to (3)”.
		Sections 11 to 13.
		In section 28, subsection (2), and in subsection (3), the words “a remand home or” and the words “home or”.
		Sections 50 and 51.
		Sections 69 to 73.
		In section 75, subsections (1)(a), (3)(a) to (d) and (4) to (6).
		In section 78, in subsection (1)— in the definition of “appropriate court” the words “or supervision”; and the words “or person under supervision”;
		and the following definitions— “Approved probation hostel” and “Approved probation home”; “approved school”; “Remand home”; “Salaried probation officer”;
		in the definition of “sentence”, the words from “an order for custody” to the end of the definition;
		the following definitions—
		“Supervision Order”; “Voluntary probation officer”; “Whole-time probation officer”; and
		“Young Person”.
		Schedule 1.
		In Schedule 2, in paragraph 2, in sub-paragraph (3), the words “appointed by the appropriate court,”, in sub-paragraph (4)(b), the words “named therein”, in paragraph 3(b) the words “an approved probation hostel or home or in” and the word “other” and paragraph 7.
		Schedule 3.
14 Geo. 6. c. 37.	The Maintenance Orders Act 1950.	Schedule 1, so far as relating to the modification of the Children and Young Persons (Scotland) Act 1937.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.	The Prisons (Scotland) Act 1952.	Section 18(1) to (3A).
		In section 32, in subsection (3), the words “who is not less than seventeen years of age”, and subsection (4).
4 & 5 Eliz. 2. c. 24.	The Children and Young Persons Act 1956.	The whole Act.
4 & 5 Eliz. 2. c. 50.	The Family Allowances and National Insurance Act 1956.	The whole Act.
5 & 6 Eliz. 2. c. 1.	The Police, Fire and Probation Officers Renumeration Act 1956.	In section 11(2) and (3).
		In section 1(1)(d), the words from “or” to “1949”.
6 & 7 Eliz. 2. c. 40.	The Matrimonial Proceedings (Children) Act 1958.	Section 11(2) and (3).
		In section 12(1), the words “of a probation officer or”, and section 12(3).
6 & 7 Eliz. 2. c. 65.	The Children Act 1958.	Section 1.
		Section 2(6) and (7).
7 & 8 Eliz. 2. c. 5.	The Adoption Act 1958.	Section 4(3)(b). In section 11(1), the words “or juvenile court”.
		In section 15(3), the words from “or the Children” to “1937”.
		In section 37(3), the words “in an approved school or”.
8 & 9 Eliz. 2. c. 61.	The Mental Health (Scotland) Act 1960.	In sections 8 and 9.
		In section 10, in subsection (1), in paragraph (a), head (i), and at the end of head (ii) the word “or”.
		Section 12(2), sections 19 to 21 and section 46(a).
		In section 55(10), the words from “including” to the word “school”.
		In section 57, in subsection (3)(b), the words “or young person”; and subsection (5).
		Section 69(1)(b). Section 71.
		In section 72, the definitions of “approved school” and “remand home” and in the definition of “place of safety” the words “or young person” first occurring.
		In section 111(1), the definition of “residential home for persons suffering from mental disorder;”.
10 & 11 Eliz. 2. c. 47.	The Education (Scotland) Act 1962.	Section 36(4) and (5).
		Section 44(3) and (4).
		Section 80(1)(e).
		In section 104 the words “(including an approved s chool)”.
1963 c. 37.	The Children and Young Persons Act 1963.	Section 1.
		Sections 45 to 52.
		Section 58.
1963 c. 39.	The Criminal Justice (Scotland) Act 1963.	In section 11, in subsection (2), the words from “if the offender” to the words “detention centre”, and subsections (3) and (5).
		Section 15.
		Part II.
		Schedule 2.
1968 c. 46.	The Health Services and Public Health Act 1968.	Section 13.
		Section 44.
		Section 45.

Part II E+W+S Repeals Extending to England and Wales

Session and Chapter	Short Title	Extent of Repeal
23 & 24 Geo. 5. c. 12.	The Children and Young Persons Act 1933.	In section 78(2) and (4), the words from “(including” to “ 1937)”.
		In section 82(1), the words from “or” to “1937”, and in the proviso, the words from “or where” to “Wales”.
		In section 83(1), (2) and (4), the words “Scotland or” wherever occurring, and in subsection (5) the words from “in relation to Scotland” to “Department, and”.
		In section 85(1) and (2), the words “or under the Children and Young Persons (Scotland) Act 1937”.
		In Schedule 4, in paragraph 9, in sub-paragraph (1), the words from “or with the consent” to “to that Act”, paragraph 9(3), and in paragraph 13, the words “or of the Children and Young Persons (Scotland) Act 1937” in both places where they occur.
6 & 7 Eliz. 2. c. 65.	The Children Act 1958.	In section 2(4), the words from “or of” to “1937”.
		In section 17, in the definition of “fit person order”, the words “or” to “1937”.
7 & 8 Eliz. 2. c. 72.	The Mental Health Act 1959.	In section 10(1), in sub-paragraph (a), head (ii).
		In section 50, sub-paragraph (b).
1963 c. 37.	The Children and Young Persons Act 1963.	In section 12, the words “Scotland or”.
		In section 45(1), the words “the Children and Young Persons (Scotland) Acts 1937 and 1956”.
		Sections 51 and 52.
		Section 53(1)(b).
1965 c. 53.	The Family Allowances Act 1965.	In section 11, subsection (1)(a)(ii), in subsection (1)(c), the words “or an order under section 73(2) of the said Act of 1937”, and in subsection (2), the words “or the said Act of 1937”.