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) F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)(o) 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)

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.

[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 M9 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

M9 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 M10 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

M10 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 M11 Adoption (Scotland) Act 1978;

(c) F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the detention of a child under—

(i) section 57 of the M12 Children and Young Persons (Scotland) Act 1937; or

[F53 (ii) section 44 or 208 of the M13 Criminal Procedure (Scotland) Act 1995;]or

(e) the functions of the Principal Reporter under Part III of the M14 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 M15 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)(c) repealed (1.4.2002) by 2001 asp 8, s. 80(1)(2), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

F53 S. 6A(1)(d)(ii) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(3)

Marginal Citations

M11 1978 c.28.

M12 1937 c.37.

M13 1995 c.40.

M14 1994 c.39.

M15 1973 c. 65 (81:2).

[F54 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 M16 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

F54 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

M16 1973 c.45.

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55 S

Textual Amendments

F55 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 [F56 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 [F56 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

F56 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; [F57 with—

(b) the functions of local authorities,

under this Act or under the [F58 mentioned in paragraphs (b),(d),(e),(g),(h),(i), [F59 (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.]

[F60 (1A) The Scottish Ministers may make grants and loans of such amounts, and subject to such conditions, as they may determine to a voluntary organisation engaged as is mentioned in subsection (1) above to enable that organisation (in this section referred to as the “primary organisation”) to make grants and loans (in this section referred to as “secondary grants and loans”) to other voluntary organisations, or other persons, so engaged, in circumstances where it appears to the primary organisation that the secondary grants and loans should be made; and the Scottish Ministers may require that any secondary grant be subject to such conditions (including conditions for securing the repayment in whole or in part of that grant) as they may specify.]

(2) The conditions on which any grants are paid [F61 by the Scottish Ministers under subsection (1) or (1A) above] 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.

[F62 (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 [F63 M17 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 [F64 section] 65 of the M18 Health Services and Public Health Act 1968 [F65 and section 16B of the M19 National Health Service (Scotland) Act 1978] shall cease in so far as any such assistance may be given under this section.

Textual Amendments

F57 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 51(a)

F58 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”

F59 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))

F60 S. 10(1A) inserted (19.7.2001) by 2001 asp 8, ss. 69(a), 81(2)

F61 Words in s. 10(2) substituted (19.7.2001) by 2001 asp 8, ss. 69(b), 81(2)

F62 S. 10(3A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 2 para. 51(b)

F63 Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 67(2), Sch. 2 paras 3, 5, Sch. 3 para. 12

F64 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)

F65 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

M17 1978 c. 28.

M18 1968 c. 46.

M19 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 [F66 or Part II of the Children (Scotland) Act 1995].

(2) The M20 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

F66 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

M20 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 [F67 , 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.

[F68 (2A) A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

F68 (2B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

(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.

[F69 (3A) In determining, for the purposes of this section, whether to make available assistance by providing, or securing the provision of, residential accommodation to a person, a local authority shall disregard so much of the person’s resources—

(a) as may be prescribed; or

(b) as is determined by them in such a way as may be prescribed,

and any order made by virtue of this subsection may make different provision for different cases and for different persons.

(3B) An order made by virtue of paragraph (a) of subsection (3A) of this section may prescribe circumstances in which assistance such as is mentioned in that subsection is to be made available disregarding entirely a person’s resources.

(3C) In subsections (3A) and (3B) of this section, references to a person’s resources are to resources within the meaning of the order prescribing the amount, or as the case may be the way, in question.

(3D) A statutory instrument made in exercise of the power conferred by paragraph (a) or (b) of subsection (3A) of this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

(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.

[F70 (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

F67 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))

F68 S. 12(2A)(2B) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33, s. 120(1) (with Sch. 15 para. 7); S.I. 2000/464, art. 2, Sch.

F69 S. 12(3A)-(3D) substituted (1.7.2002) for s. 12(3A)(3B) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 3; S.S.I. 2002/170, art. 2

F70 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)

Modifications etc. (not altering text)

C6 S. 12 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 para. 1(1)(c) (with s. 159); S.I. 2002/2811, art. 2, Sch.

C7 S. 12(1) modified (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2)

[F71 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.

[F72 (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 M21 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.]

• [F73 “person” means a natural person.]

Textual Amendments

F71 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.

F72 S. 12A(3A)-(3C) inserted (1.4.1996) by 1995 c. 12, ss. 2(2), 5(2)

F73 S. 12A(8): definition of “person” inserted (1.4.1996) by 1995 c. 12, ss. 2(3), 5(2)

Modifications etc. (not altering text)

C8 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

C9 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)

C10 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

C11 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

M21 1986 c. 33 (113:1).

Yn ddilys o 01/09/2002

[F74 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

F74 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

F74 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

[F75 12B Direct payments in respect of community care services. S

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

(a) a local authority

[F76 (i)]] have decided under section 12A of this Act that his needs call for the provision of any service which is a community care service [F77 ; or

(ii) have a duty to provide a service to him under section 22(1) of the Children (Scotland) Act 1995 (c.36) (promotion of welfare of children in need) other than a service which comprises giving assistance in cash;] 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.

[F78 (7) The definition of “community care service” in section 5A of this Act shall, with the modification mentioned in subsection (8) below, apply for the purposes of this section as that definition applies for the purposes of that section.

(8) The modification is that the words “, other than services for children,” in the definition shall be disregarded.]

Textual Amendments

F75 S. 12B inserted (S.)(1.4.1997) by 1996 c. 30, s. 4; S.I. 1997/756, art. 2

F76 Words in s. 12B(1)(a) re-numbered (20.12.2001) as s. 12B(1)(a)(i) by virtue of 2001 asp 8, s. 70(a)(i); S.S.I. 2001/304, art. 2(2)

F77 S. 12B(1)(a)(ii) and the word "or" immediately preceding it substituted (20.12.2001) for words in s. 12B(1)(a) by 2001 asp 8, s. 70(a)(ii); S.S.I. 2001/304, art. 2(2)

F78 S. 12B(7)(8) inserted (20.12.2001) by 2001 asp 8, s. 70(b); S.S.I. 2001/304, art. 2(2)

Modifications etc. (not altering text)

C12 S. 12B(1) restricted (1.4.1997) by S.I. 1997/693, reg. 4(1)

[F79 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

F79 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 [F80 section 12 of this Act], 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.

Textual Amendments

F80 Words in s. 13 substituted (1.4.1997) by 1996 c. 30, s. 5; S.I. 1997/756, art. 2

[F81 Residential accommodation with nursing.] S

Textual Amendments

F81 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 F82 Residential accommodation with nursing. S

(1) Without prejudice to section 12 of this Act, a local authority shall

[F83 (a) provide and maintain;][F84 or]

[F85 (b) 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.

[F86 (2) F87 . . . 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 providing—

(a) an independent health care service which is a private psychiatric hospital; or

(b) a care home service.

(2A) Expressions used in subsection (2) above have the same meanings as in the Regulation of Care (Scotland) Act 2001 (asp 8).]

(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.

[F88 (4) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

F88 (5) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

Textual Amendments

F82 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.

F83 S. 13A(1)(a) inserted (1.4.2002) by 2001 asp 8, s. 72(a)(i); S.S.I. 2002/162, art. 2 (with arts. 3-13)

F84 Word in s. 13A(1) inserted (1.4.2002) by 2001 asp 8, s. 72(a)(ii); S.S.I. 2002/162, art. 2 (with arts. 3-13)

F85 Words in s. 13A(1) renumbered (1.4.2002) as s. 13A(1)(b) by virtue of 2001 asp 8, s. 72(a)(iii); S.S.I. 2002/162, art. 2 (with arts. 3-13)

F86 S. 13A(2)(2A) substituted (1.4.2002) for s. 13A(2) by 2001 asp 8, s. 79, Sch. 3 para. 4(3); S.S.I. 2002/162, art. 2 (with arts. 3-13)

F87 Word in s. 13A(2) repealed (1.4.2002) by 2001 asp 8, s. 72(b); S.S.I. 2002/162, art. 2 (with arts. 3-13) and 2002 asp 5, s. 25, Sch. 2 para. 1(4); S.S.I. 2002/170, art. 2

F88 S. 13A(4)(5) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33 , s. 120(2); S.I. 2000/464, art. 2, Sch.

Modifications etc. (not altering text)

C13 S. 13A restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 para. 1(1)(c); S.I. 2002/2811, art. 2

C14 S. 13A(1) modified (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2)

C15 S. 13A(2) excluded (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(4), 27(2)

C16 S. 13A(3) excluded (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(4), 27(2)

F89 Provision of care and after-care S

Textual Amendments

F89 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 F90 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.]

[F91 (3) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

F91 (4) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

Textual Amendments

F90 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.

F91 S. 13B(3)(4) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33, s. 120(3); S.I. 2000/464, 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, [F92 home help][F92 domiciliary services] for households where such [F93 help is][F93 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 [F94 home help is][F94 domiciliary services are] being, or can be, provided under this subsection.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

(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 M22 shall cease to have effect.

Textual Amendments

F92 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)

F93 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)

F94 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)

F95 S. 14(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I

F96 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)

C17 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

M22 1968 c. 46.

Special provisions as to the care of children in need S

F97 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F97 S. 15 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

F98 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F98 S. 16 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 4); 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))

F99 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F99 S. 16A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F100 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F100 S. 17 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); 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))

F101 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F101 S. 17A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); 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))

F102 17B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F102 S. 17B repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); 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))

F103 17C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F103 S. 17C repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

F104 17D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F104 S. 17D repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); 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))

F105 17E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F105 S. 17E repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); 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))

F106 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F106 S. 18 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

F107 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F107 S. 18A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108 S

Textual Amendments

F108 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)

F109 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F109 S. 20 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); 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))

F110 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F110 S. 20A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

F111 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F111 S. 21 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

F112 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F112 S. 22 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

F113 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F113 S. 23 repealed (1.4.1997) by 1995 c. 36, ss. 28, 105(5), Sch. 5 (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))

F114 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F114 S. 24 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

F115 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F115 S. 25 repealed (1.4.1997) by 1995 c. 36, ss. 30(4), 105(5), Sch. 5 (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))

F116 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F116 S. 25A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

F117 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F117 S. 26 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

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

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

[F118 (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;]

[F119 (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.

[F120 and(iii) without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community service order under [F121 section 238 of the Criminal Procedure (Scotland) Act 1995] or a probation order which includes a requirement that the offender shall perform unpaid work][F122 ; and]

[F122 (iv) without prejudice to paragraphs (i) to (iii) above, persons in their area who are subject to supervised attendance orders under [F123 section 235 of the said Act of 1995].]. . .

[F124 (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;

F125 (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;

F126 (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]

[F127 (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 [F128 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 [F128 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;

[F129 (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 [F130 a committee or sub-committee ofsuch 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 [F128 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 [F128 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 M23 Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.

Textual Amendments

F118 S. 27(1)(aa) inserted after paragraph (a) (1.8.1997) by 1997 c. 48, s. 32(a); S.I. 1997/1712, art. 3, Sch.

F119 S. 27(1)(ab) inserted after paragraph (a) (1.8.1997) by 1997 c. 48, s. 32(b); S.I. 1997/1712, art. 3, Sch.

F120 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)

F121 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)

F122 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, Sch.

F123 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)

F124 S. 27(1)(b)(v) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(c); S.I. 1997/1712, art. 3, Sch.

F125 S. 27(1)(b)(vi) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(d); S.I. 1997/1712, art. 3, Sch.

F126 S. 27(1)(b)(vii) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(e); S.I. 1997/1712, art. 3, Sch.

F127 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

F128 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

F129 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

F130 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)

C18 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

M23 1949 c. 94.

[F131 27A Grants in respect of community service facilities S

[F132 (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

[F133 (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

F131 S. 27A inserted by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 9

F132 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

F133 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

[F134 27B Grants in respect of hostel accommodation for persons under supervision. S

[F135 (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 [F136 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

F134 S. 27B inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 79

F135 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

F136 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 [F137 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 . . . F138

[F139 (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

F137 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))

F138 Words repealed by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 11

F139 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)

C19 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 [F140 —

(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 [F141 or child], if it appears to the authority that the parent, relative or other person would not otherwise be able to visit [F142 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 [F143 —

(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.

[F144 (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

F140 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))

F141 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))

F142 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))

F143 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))

F144 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)

C20 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)

[F145 Part III S Children in need of Compulsory Measures of Care]

Textual Amendments

F145 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)

C21 Pt. III extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 168, 296(3), 364

F146 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F146 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))

31 Restriction on prosecution of children for offences. S

F147 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

(3) Part IV of the M24 Children and Young Persons (Scotland) Act 1937 shall have effect subject to the amendments set out in Schedule 2 to this Act.

Textual Amendments

F147 S. 31(1) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5

F148 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

M24 1937 c. 37.

F149 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F149 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 by art. 3))

F150 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F150 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))

F151 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F151 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 by art.3))

F152 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F152 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 by art. 3))

F153 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F153 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 by art. 3))

F154 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F154 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 by art. 3))

F155 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F155 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 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 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F156 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 by art.3))

F157 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F157 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))

F158 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F158 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 by art. 3))

F159 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F159 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 by art. 3))

F160 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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 by art. 3))

F161 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F161 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 by art. 3))

F162 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F162 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 by art. 3))

F163 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F163 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 by art. 3))

F164 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F164 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 by art. 3))

F165 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F165 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 by art. 3))

F166 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F166 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 by art. 3))

F167 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F167 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 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))

F168 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F168 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 by art. 3))

F169 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F169 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 provsisions inserted into S.I. 1996/3201 by art. 3))

F170 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F170 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 by art. 3))

F171 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F171 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))

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172 S

Textual Amendments

F172 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))

F173 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F173 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 by art. 3))

F174 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F174 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 by art. 3))

F175 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F175 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 otherwiseprosp.) 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))

F176 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F176 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 by art. 3))

F177 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F177 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 by art.3))

F178 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F178 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 by art. 3))

F179 58B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F179 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 otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), 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 provisons inserted into S.I. 1996/3201 by art. 3))

F180 58C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F180 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 otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), 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))

F181 58D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F181 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 otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), 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))

F182 58E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F182 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 otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), 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))

F183 58F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F183 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 otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), 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))

F184 58G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F184 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 otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), 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, art. 3))

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) [F185 [F186 Without prejudice to their duties under] 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 [F187 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 M25 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

F185 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.

F186 Words in s. 59(1) substituted (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 72(c); S.S.I. 2002/162, art. 2 (with arts. 3-13)

F187 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

M25 1947 c. 43.

[F188 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 . . . F189 ]

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190

Textual Amendments

F188 S. 59A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 72

F189 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I.

F190 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

F191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F191 S. 60 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

Registration of certain residential and other establishments S

61 Restriction on carrying on of establishments. S

F192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F192 S. 61 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

61A Voluntary registration. S

F193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F193 S. 61A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

62 Registration. S

F194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F194 S. 62 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

62A Certificate of registration as respects grant-aided or independent school. S

F195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F195 S. 62A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

63 Special provisions for registration by Secretary of State. S

F196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F196 S. 63 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

63A Appeals against conditions imposed on registration or subsequently. S

F197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197 S. 63A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

63B Special provisions for jointly registrable establishments. S

F198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198 S. 63B repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

64 Appeals against refusal or cancellation of registration. S

F199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F199 S. 64 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

64A Registration fees. S

F200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200 S. 64A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

65 Removal of persons from establishments. S

F201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201 S. 65 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

66 Duty to furnish particulars of establishments. S

F202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202 S. 66 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

67 Entry to examine state and management of establishments etc. S

F203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203 S. 67 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

68 Visiting of persons in establishments on behalf of local authorities. S

F204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204 S. 68 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

F205 Part V U.K.

Textual Amendments

F205 Pt. V (ss. 69-77) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (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))

Absence without leave U.K.

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer U.K.

72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [F251 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 [F252 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 . . . F253 , by the maintainable child himself.

[F254 (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.]

[F255 (2A) No contributions shall be payable under subsection (1)(a) of this section by a contributor during a period when he is in receipt [F256 of income support [F257 , 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

F251 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))

F252 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)

F253 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I

F254 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))

F255 S. 78(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 19(6)(b)

F256 Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 41(1)

F257 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)

C27 S. 78 excluded by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 31(3)

[F258 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 [F259 looked after by them]; or

(b) such other contribution as they consider reasonable in the circumstances.]

Textual Amendments

F258 S. 78A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 19(7)

F259 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 [F260 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 [F261 looking after] the child.

Textual Amendments

F260 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))

F261 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 [F262 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F263

(4) Subject to the following provisions of this section, a contribution order in respect of a maintainable child shall remain in force [F264 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 [F265 , 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 [F266 looking after] the child.

Textual Amendments

F262 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))

F263 S. 80(2)(3) repealed by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108(3), Sch. 8

F264 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))

F265 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)

F266 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F267

(2) [F268 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 [F269 person liable under the decree] is for the time being residing may, at any time, order the payments under the decree . . . F270 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F271 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 [F272 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 [F272 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

F267 S. 81(1) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

F268 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)

F269 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)

F270 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

F271 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

F272 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 [F273 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

F273 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 [F274 looking after] the child.

Textual Amendments

F274 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))

[F275 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

F275 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F276 S

Textual Amendments

F276 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 [F277 , 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 [F278 , 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, [F279 or]

[F279 (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 [F280 forming part of the hospital and specialist services] provided under [F281 sections 2 and 3 of the M30 National Health Service Act 1977] or [F282 Part II of the M31 National Health Service (Scotland) Act 1978][F283 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 F284 . . . the M32 Children and Young Persons (Scotland) Act 1937 by a local authority or education authority [F285 or placed with local authority foster parents under the Children Act 1989][F286 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

F277 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))

F278 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))

F279 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)

F280 Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II

F281 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 48

F282 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(2)

F283 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(12)

F284 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)

F285 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)

F286 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

M30 1977 c. 49.

M31 1978 c. 29.

M32 1937 c. 37.

F287 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F287 S. 86A ceases to have effect (8.4.2002) by virtue of 2001 c. 15, s. 50(1), Sch. 6 Pt. III (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(1); and s. 86A repealed (15.4.2002) by 2001 c. 15, s. 67, Sch. 6 Pt. 3; S.I. 2002/1312, art. 3(b)

87 Charges that may be made for services and accommodation. E+W+S

[F288 (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 [F289 or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984][F290 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 [F291 or section 7 or 8 of the said Act of 1984][F290 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.]

[F292 (1B) Subsections (1) and (1A) above do not apply as respects any amount required not to be charged by subsection (1) of section 1 of the Community Care and Health (Scotland) Act 2002 (asp 5)(charging and not charging for social care) or required to be charged or not to be charged by virtue of subsection (4) of that section.]

(2) Persons, other than maintainable children, for whom accommodation is provided under this Act [F293 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 [F293 or section 7 of the said Act of 1984] shall be regarded as accommodation provided under Part III of the M33 National Assistance Act 1948, and [F294 sections 22(2) to (8)] and 26(2) to (4) [F295 as amended by [F296 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 M34 Health and Social Services and Social Security Adjudications Act 1983 [F297 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 [F298 (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 [F299 or any other person or body] for the provision of accommodation under this Act [F300 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F301

Textual Amendments

F288 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

F289 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)

F290 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))

F291 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)

F292 S. 87(1B) inserted (S.) (1.7.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(6); S.S.I. 2002/170, art. 2

F293 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)

F294 Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 5(1)

F295 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(2)

F296 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(a)

F297 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(b)

F298 Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(c)

F299 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)

F300 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)

F301 S. 87(6) repealed by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 5 Pt. II

Modifications etc. (not altering text)

C28 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

C29 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

M33 1948 c. 29.

M34 1983 c. 41.

F302 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F302 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F303 S

Textual Amendments

F303 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 F304 . . . . . . F305 , 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

F304 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))

F305 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 M35 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 M36 Local Government (Scotland) Act 1966.

Marginal Citations

M35 1966 c. 51.

M36 1966 c. 51.

[F306 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 M37 1984,

in relation to persons suffering from mental illness.]

Textual Amendments

F306 S. 92A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 58

Marginal Citations

M37 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 M38 Children and Young Persons Act 1933,

• “approved school order” has the meaning assigned to it by section 107(1) of the M39 Children and Young Persons Act 1933,

• F307 . . .

• F308 . . .

• [F309 “community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000]

• “constable” means a constable of a police force within the meaning of the M40 Police (Scotland) Act 1967,

• “contributor” and “contribution order” have the meanings respectively assigned to them by sections 78 and 80 of this Act,

• [F310 “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 [F311 or of Part II of the Children (Scotland) Act 1995,] whether for reward or not,

• “functions” shall include powers and duties,

• F312 . . .

• “hospital” means—

  (a)

  any hospital vested in the Secretary of State under the M41 National Health Service (Scotland) Act [F313 1978],

  (aa)

  [F314 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 [F315 Mental Health (Scotland) Act 1984], and

  (c)

  any State hospital, within the meaning of [F315 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 [F316 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 [F317 said Act of 1984],

• [F318 “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)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F319

  (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,

• F320 . . .

• [F321 “prescribed” means—

  (a)

  in [F322 section 3] prescribed by regulations,

  (b)

  F323 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

  in sections [F324 12(3A),][F325 27A, 27B,]. . . , 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order,

  [F326 and “prescribe” shall be construed accordingly.]]

• [F327 “probation order”—

  (a)

  in relation to an order imposed by a court in England or Wales, means a community rehabilitation order,

  (b)

  in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the M42 Criminal Justice (Northern Ireland) Order 1996,]

• “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 [F328 or of Part II of the Children (Scotland) Act 1995], whether for reward or not,

• F329 . . .,

• “supervision order”, in relation to an order imposed by a court in England or Wales, [F330 means a supervision order under [F331 the Powers of Criminal Courts (Sentencing) Act 2000] Act or the Children Act 1989], and in relation to an order imposed by a court in Northern Ireland [F332 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 [F333 section 70(1) of the Children (Scotland) Act 1995],

• [F334 “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 M43 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

F307 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))

F308 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))

F309 S. 94(1): Definition of “community rehabilitation order” inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 37(a); S.I. 2001/919, art. 2(f)(ii)

F310 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)

F311 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))

F312 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)

F313 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(3)

F314 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)

F315 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 17(a)

F316 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 17(b)

F317 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1) , Sch. 3 para. 17 (c)

F318 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)

F319 Para (c) repealed by Housing (Homeless Persons) Act 1977 (c. 48, SIF:61), Sch.

F320 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))

F321 Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 64(1)

F322 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))

F323 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))

F324 Words in s. 94(1) inserted (1.7.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 25, Sch. 2 para. 1(5); S.S.I. 2002/170, art. 2

F325 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.

F326 Words inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 6(2)(b)

F327 S. 94(1): Definition of “probation order” substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 37(b); S.I. 2001/919, art. 2(f)(ii)

F328 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))

F329 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))

F330 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.

F331 S. 94(1): Words in the definition of “supervision order” substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 34(b)

F332 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

F333 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))

F334 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

M38 1933 c. 12.

M39 1933 c. 12.

M40 1967 c. 77.

M41 1978 c. 29.

M42 S.I. 1996/3160 (N.I. 24).

M43 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)

C30 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F335 S

Textual Amendments

F335 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—

• F336 . . .

• F336 . . .

• sections 86 and 87

• F336 . . .

• [F337 section 98(3) and Schedule 2 paragraphs 7 and 13]

• Schedule 8

• Part II of Schedule 9.

F338 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F338 (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

F336 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))

F337 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 65

F338 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.

[F339 (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 M44 Children and Young Persons Act 1969.]

Textual Amendments

F339 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

M44 1969 c. 54.

99 Short title. S

This Act may be cited as the Social Work (Scotland) Act 1968.

SCHEDULES

F340 F340 SCHEDULE 1 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F340 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 M45 Children and Young Persons (Scotland) Act 1937

Marginal Citations

M45 1937 c. 37.

Part I S

General Adaptations S

[F341 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

F341 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 . . . F342 shall be construed as a reference to the sheriff sitting summarily.

Textual Amendments

F342 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F343

Textual Amendments

F343 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)

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.

8—15. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F344

Textual Amendments

F344 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F345

Textual Amendments

F345 Sch. 2 para. 16 repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 70(2), Sch. 2

17 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F346

Textual Amendments

F346 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)

C32 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F347

Textual Amendments

F347 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 [F348 Subject to paragraph 5B below,]each local authority shall form a Children’s Panel Advisory Committee consisting of

[F349 F350 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) F351 . . .]

two members nominated by the local authority and three members nominated by the Secretary of State . . . F352

Textual Amendments

F348 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)

F349 Para. 3(i)(ii) inserted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 187(a)

F350 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

F351 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

F352 Words repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29

Modifications etc. (not altering text)

C33 Para. 3 extended by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), s. 23(2)

[F353 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

F353 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.

[F354 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

F354 Sch. 3 para. 5A added by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 187(b)

[F355 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

F355 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 [F356 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

F356 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

[F357 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

F357 Sch. 3 para. 8 substituted by Local Government and Housing Act 1989 (c. 42), s. 194(1), Sch. 11 para. 15

F358 F358 SCHEDULE 4 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F358 Sch. 4 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 5

F359 F359 SCHEDULE 5 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F359 Sch. 5 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)

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 [F360 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

F360 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 M46 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 M47 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

M46 1937 c. 37.

M47 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 M48 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

M48 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 M49 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

M49 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 [F361 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 [F361 Principal Reporter] of the local authority in whose area the circumstances arose which brought his case before the court.

Textual Amendments

F361 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 M50 Children and Young Persons (Scotland) Act 1937 shall continue to have effect.

Marginal Citations

M50 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 M51 Criminal Justice (Scotland) Act 1949 shall continue to have effect.

Marginal Citations

M51 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 M52 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 M53 Criminal Justice (Scotland) Act 1949.

• “supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.

Marginal Citations

M52 1937 c. 37.

M53 1949 c. 94.

Section 95(1).

SCHEDULE 8 U.K. Minor and Consequential Amendments

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F362

Textual Amendments

F362 Sch. 8 para. 1 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

2—5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F363

Textual Amendments

F363 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

M54 Children and Young Persons (Scotland) Act 1937 U.K.

Marginal Citations

M54 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)

C34 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 M55 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) [F364 ; 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

F364 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)

C35 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

M55 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)

C36 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)

C37 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)

C38 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.

M56 National Health Service (Scotland) Act 1947 U.K.

Marginal Citations

M56 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)

C39 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)

C40 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)

C41 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.

M57 National Assistance Act 1948 U.K.

Marginal Citations

M57 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)

C42 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.

F365 15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F365 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)

C43 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F366

Textual Amendments

F366 Sch. 8 para. 17 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6

18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F367

Textual Amendments

F367 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F368

Textual Amendments

F368 Sch. 8 para. 19 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6

M58 Nurseries and Child-Minders Regulation Act 1948 U.K.

Marginal Citations

M58 1948 c. 53.

F369 20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F369 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F370

Textual Amendments

F370 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F371

Textual Amendments

F371 Sch. 8 paras. 22–31 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

M59 Maintenance Orders Act 1950 U.K.

Marginal Citations

M59 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)

C44 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)

C45 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)

C46 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F372

Textual Amendments

F372 Sch. 8 para. 35 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6

M60 Valuation and Rating (Scotland) Act 1956 U.K.

Marginal Citations

M60 1956 c. 60.

36 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F373

Textual Amendments

F373 Sch. 8 para. 36 repealed by Rating (Disabled Persons) Act 1978 (c. 40, SIF 103:1, 2), Sch. 2

M61 Adoption Act 1958 U.K.

Marginal Citations

M61 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)

C47 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)

C48 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)

C49 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)

C50 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)

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, 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.

M62 Matrimonial Proceedings (Children) Act 1958 U.K.

Marginal Citations

M62 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)

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.

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)

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.

44—47. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F374

Textual Amendments

F374 Sch. 8 paras. 44–47 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3

48, 49. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F375

Textual Amendments

F375 Sch. 8 paras. 48, 49 repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

50 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F376

Textual Amendments

F376 Sch. 8 para. 50 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5

51—59. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F377

Textual Amendments

F377 Sch. 8 paras. 51–59 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 5

M63 Health Visiting and Social Work (Training) Act 1962 U.K.

Marginal Citations

M63 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)

C54 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F378

Textual Amendments

F378 Sch. 8 paras. 61, 62 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5

63, 64. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F379

Textual Amendments

F379 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F380

Textual Amendments

F380 Sch. 8 paras. 65–67 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5

M64 Children and Young Persons Act 1963 U.K.

Marginal Citations

M64 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)

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.

69—72. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F381

Textual Amendments

F381 Sch. 8 paras. 69—72 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

M65 Registration of Births, Deaths and Marriages (Scotland) Act 1965 U.K.

Marginal Citations

M65 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)

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.

74 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F382

Textual Amendments

F382 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)

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.

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”.