Social Work (Scotland) Act 1968

1. Introductory Text

2. PART I Administration

   1. Performance of their duties by local authorities

      1. 1. Local authorities for the administration of the Act

      2. 2. The social work committee

      3. 3. The director of social work

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

   2. Central Authority

      1. 5. Powers of Secretary of State

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

      3. 7. Advisory Council on Social Work

   3. Research, training courses and financial and other assistance

      1. 8. Research

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

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

   4. Acquisition of land

      1. 11. Acquisition of land

3. PART II Promotion of Social Welfare by Local Authorities

   1. General

      1. 12. General social welfare services of local authorities

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

   2. Home help

      1. 14. Home help and laundry facilities

   3. Special provisions as to the care of children in need

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

      2. 16. Assumption by local authority of parental rights

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

      4. 18. Duration and rescission of resolutions under section 16

      5. 19. Amendment of Children Act 1958

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

      7. 21. Mode of provision of accommodation and maintenance

      8. 22. Removal of children in residential establishments

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

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

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

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

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

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

   5. Ancillary

      1. 28. Burial or cremation of the dead

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

4. PART III Children in need of Compulsory Measures of Care

   1. 30. Definition of child and parent for Part III

   2. 31. Restriction on prosecution of children for offences

   3. 32. Children in need of compulsory measures of care

   4. 33. Formation of children's panels

   5. 34. Children's hearings

   6. 35. Provisions as to time, place, privacy and notification of children's hearings

   7. 36. The reporter and deputies

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

   9. 38. Initial investigation of cases by reporter

   10. 39. Action on initial investigation by reporter

   11. 40. Attendance of child at children's hearing

   12. 41. Attendance of parent at children's hearing

   13. 42. Conduct of children's hearing and application to sheriff for findings

   14. 43. Discharge of referral and power of children's hearing to order further investigation after consideration of the facts

   15. 44. Disposal of case by children's hearing other than by discharge of referral

   16. 45. Rules as respects transmission of information and conveyance of children to residential establishments etc.

   17. 46. Children to whom Part IV of the Mental Health (Scotland) Act 1960 may apply

   18. 47. Duration of supervision requirements and their variation

   19. 48. Review of requirement of children's hearing

   20. 49. Appeal against decision of a children's hearing

   21. 50. Appeal to Court of Session

   22. 51. Reconsideration by hearing after appeal, and subsequent appeal

   23. 52. Power of Secretary of State to terminate a supervision requirement

   24. 53. Legal aid in proceedings before the sheriff and any appeals to the Court of Session

   25. 54. Transfer of case to another children's hearing

   26. 55. Presumption and determination of age

   27. 56. Reference and remit of children's cases by courts to children's hearings

   28. 57. Reference and remit of cases of certain young persons by courts to children's hearings

   29. 58. Prohibition of publication of proceedings

5. PART IV Residential and other Establishments

   1. Provision of residential and other establishments

      1. 59. Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision

      2. 60. Control of residential and other establishments

   2. Registration of certain residential and other establishments

      1. 61. Restriction on carrying on of establishments

      2. 62. Registration

      3. 63. Special provisions for registration by Secretary of State

      4. 64. Appeals against refusal or cancellation of registration

      5. 65. Removal of persons from establishments

      6. 66. Duty to furnish particulars of establishments

      7. 67. Inspection of establishments by local authorities

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

6. PART V Return and Removal of Children within United Kingdom

   1. Absence without leave

      1. 69. Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement

      2. 70. Abscondment from residential establishments

      3. 71. Harbouring

   2. Transfer

      1. 72. Supervision of children moving to England or Wales or Northern Ireland

      2. 73. Supervision of children moving to Scotland

      3. 74. Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland

      4. 75. Parent of a child subject to an approved school order or a committal order moving to Scotland

      5. 76. Procedure

      6. 77. Meaning of child for the purposes of this Part of this Act

7. PART VI Contributions in respect of Children in Care etc.

   1. 78. Duty to make contributions in respect of children in care etc.

   2. 79. Recipients of contributions

   3. 80. Enforcement of duty to make contributions

   4. 81. Provisions as to decrees for aliment

   5. 82. Recovery of arrears of contributions

   6. 83. Variation of trusts

8. PART VII Miscellaneous and General

   1. General

      1. 84. Transfer of assets and liabilities

      2. 85. Transfer and compensation of officers

      3. 86. Adjustments between authority providing accommodation etc., and authority of area of residence

      4. 87. Charges that may be made for services and accommodation

      5. 88. Duty of parents to notify change of address

      6. 89. Application of Tribunals and Inquiries Act 1958

      7. 90. Orders, regulations etc.

      8. 91. Expenses

      9. 92. Effect of Act on rate support grant

   2. Supplementary

      1. 93. Transitional provisions

      2. 94. Interpretation

      3. 95. Minor and consequential amendments, repeals and savings

      4. 96. Power of Parliament of Northern Ireland to make consequential amendments of this Act

      5. 97. Extension of certain provisions of Act to England and Wales, Northern Ireland, and the Channel Islands

      6. 98. Commencement

      7. 99. Short title

9. SCHEDULES

   1. SCHEDULE 1

      Amendment of Children Act 1958

      1. 1. After section 1 there shall be inserted the following section—...

      2. 2. (1) In section 2(1), for the words " and maintenance...

      3. 3. In section 9, after the word " foster-child " there...

   2. SCHEDULE 2

      Amendment of Part IV of the Children and Young Persons (Scotland) Act 1937

      1. PART I

         1. General Adaptations

            1. 1. Subject to the provisions of Part II of this Schedule...

            2. 2. Any reference to a court of summary jurisdiction or to...

      2. PART II

         1. Specific Adaptations

            1. 3. (1) In section 40(1) for the words "apparently under the...

            2. 4. (1) In section 41, for subsection (1) there shall be...

            3. 5. For section 43 there shall be substituted the following section—...

            4. 6. In section 44, after the word " child" where first...

            5. 7. In section 46(1) for the words " child or young...

            6. 8. (1) In section 47(1) the words " until he can...

            7. 9. In section 48, for the words " any child or...

            8. 10. For section 50 there shall be substituted the following section—...

            9. 11. (1) In section 52(1), for the words from the beginning...

            10. 12. In section 53(5), for the words from the beginning to...

            11. 13. In section 54(1), after the word " report" there shall...

            12. 14. In section 57(2), for the words from the beginning to...

            13. 15. In section 58, the words from the beginning to "...

            14. 16. After section 58 there shall be inserted the following section—...

            15. 17. In section 59(2), after the words "for his" there shall...

            16. 18. In section 62, for the words " an approved school"...

            17. 19. In section 63(3), for the words " juvenile offenders "...

            18. 20. For section 67 there shall be substituted the following section—...

   3. SCHEDULE 3

      Children's Panels

      1. 1. Appointment

      2. 2. A member of a children's panel shall hold office for...

      3. 3. Children's Panel Advisory Committee

      4. 4. The chairman of the Children's Panel Advisory Committee shall be...

      5. 5. It shall be the duty of the Children's Panel Advisory...

      6. 6. Recruitment and Training of Panel Members

      7. 7. Each local authority may make such arrangements as they consider...

      8. 8. Expenses of Panel Members

   4. SCHEDULE 4

      Amendment of Legal Aid (Scotland) Act 1967

      1. 1. In section 1, in subsection (6), for the words "...

      2. 2. (1) In section 2(1), after the words " civil proceedings...

      3. 3. In section 20(1), after the word "requires—" there shall be...

   5. SCHEDULE 5

      Appeal Tribunals

      1. 1. For the purpose of enabling appeal tribunals to be constituted...

      2. 2. No officer of any. Government department shall be qualified to...

      3. 3. Any person appointed to be a member of the panel...

      4. 4. Where any appeal is required to be determined by a...

      5. 5. The Secretary of State may— (a) pay to members of...

      6. 6. (1) The Secretary of State may make rules—

      7. 7. In this Schedule the expression " sheriff" does not include...

   6. SCHEDULE 6

      Transfer of Assets and Liabilities

      1. 1. Every agreement to which the transferor was a party immediately...

      2. 2. Where the functions of the transferor are transferred to more...

      3. 3. Any legal or other proceedings to which the transferor is...

      4. 4. The Secretary of State may make regulations for facilitating the...

      5. 5. In this Schedule— (a) "transferor" means a body or person...

   7. SCHEDULE 7

      Transitional Provisions

      1. Registration of existing establishments

         1. 1. (1) Until the expiration of a period of two years...

      2. Approved schools

         1. 2. (1) The following enactments shall, notwithstanding the repeal or exclusion...

      3. Contributions in respect of children taken into care

         1. 3. After the commencement of Part II of this Act and...

      4. Approved school orders, fit person orders, and supervision orders

         1. 4. (1) This paragraph applies to children who immediately before the...

      5. Jurisdiction of courts

         1. 5. (1) Subject to the next following sub-paragraph, on the commencement...

         2. 6. On the coming into operation of the said Part III...

      6. Remand Home Grant

         1. 7. Until such time as the Secretary of State may direct,...

      7. Probation Grant

         1. 8. Until such time as the Secretary of State may by...

      8. Interpretation

         1. 9. In this Schedule the following expressions have the meanings assigned...

   8. SCHEDULE 8

      Minor and Consequential Amendments

      1. Criminal Appeal (Scotland) Act 1926

         1. 1. In section 9(4)(d), for the words " remand home "...

      2. Children and Young Persons Act 1933

         1. 2. In section 70(2), in the proviso, after the words "...

         2. 3. In section 76(1B), after the words " probation order "...

         3. 4. In section 90(6), after the words " 1948 " there...

         4. 5. In section 107(1), after the definition of " street" there...

      3. Children and Young Persons (Scotland) Act 1937

         1. 6. In section 38(3), for the words " an approved school...

         2. 7. (1) In section 87(1), for the words from " to...

         3. 8. After section 101(2) there shall be inserted the following subsection—...

         4. 9. (1) In section 103(1), for the words " whether charged...

         5. 10. In section 110(1), in the definition of "Child ", for...

      4. National Health Service (Scotland) Act 1947

         1. 11. (1) In section 15(1), after paragraph (f) there shall be...

         2. 12. In section 27, at the end there shall be added...

         3. 13. In section 63, after the words " foregoing section "...

      5. National Assistance Act 1948

         1. 14. In section 32(1), at the end there shall be inserted...

         2. 15. After section 41(1), there shall be inserted the following subsection—...

         3. 16. In section 65, at the end, there shall be added...

      6. Children Act 1948

         1. 17. (1) In section 1(4), after the words "Secretary of State",...

         2. 18. In section 13(1), at the end, there shall be inserted...

         3. 19. In section 59(1), after the definition of " relative "...

      7. Nurseries and Child-Minders Regulation Act 1948

         1. 20. In relation to Scotland, any reference to a local health...

      8. Criminal Justice Act 1948

         1. 21. In section 9, at the end there shall be added...

      9. Criminal Justice (Scotland) Act 1949

         1. 22. (1) In section 2, for subsection (2) there shall be...

         2. 23. In section 3, in subsections (4) and (6), for the...

         3. 24. In section 5(1), for the words "the probation officer named...

         4. 25. For section 8(1) there shall be substituted the following subsection—...

         5. 26. In section 9(1), for the word " seventeen" there shall...

         6. 27. In section 10, for the words " a probation officer...

         7. 28. (1) In section 28(1), for the paragraphs (a) to (c)...

         8. 29. In section 30(1), in the subsection substituted thereby for section...

         9. 30. In section 78(1), after the definition of "large burgh and...

         10. 31. (1) In Schedule 2— (a) for any reference to a...

      10. Maintenance Orders Act 1950

          1. 32. In section 8(1), after the words "the Children Act 1948"...

          2. 33. (1) In section 9, in subsection (1), after paragraph (a)...

          3. 34. In section 16(2)(b), after sub-paragraph (v) there shall be inserted...

      11. Children and Young Persons Act 1956

          1. 35. Any reference to the Children and Young Persons (Scotland) Act...

      12. Valuation and Rating (Scotland) Act 1956

          1. 36. (1) In section 8(1) in paragraph (b) after the word...

      13. Adoption Act 1958

          1. 37. In section 4(3), paragraph (b) shall be omitted, and after...

          2. 38. In section 15(4), for the words " (which provides "...

          3. 39. In section 36(2)(a), for the words " or section ninety"...

          4. 40. In section 43(3), after the word " 1948 " there...

          5. 41. In section 57, in the definition of "place of safety",...

      14. Matrimonial Proceedings (Children) Act 1958

          1. 42. In section 10, for subsection (4) there shall be substituted...

          2. 43. (1) In section 11(1), for the words "for the purpose"...

      15. Children Act 1958

          1. 44. (1) In section 2(3)(b), for the words from "Part VI"...

          2. 45. (1) In section 6(b), after the words " 1937 "...

          3. 46. In section 7(4), after the words " section 1 of...

          4. 47. (1) In section 17, in the definition of " place...

      16. Mental Health Act 1959

          1. 48. In section 10(1)(a), after head (iii) there shall be inserted...

          2. 49. In section 50, after paragraph (c), there shall be inserted...

      17. Mental Health (Scotland) Act 1960

          1. 50. Subject to any specific amendment any reference to a local...

          2. 51. (1) In section 7(1), after the words " shall include...

          3. 52. In section 10(1) in paragraph (a) after head (iii) there...

          4. 53. In section 30(2), for the words " to the local...

          5. 54. In section 46, for paragraph (c), there shall be substituted...

          6. 55. In section 57(3)(b), after the word "child", there shall be...

          7. 56. In section 59(1) for the word " home " there...

          8. 57. In section 66(7), for paragraph (a) there shall be substituted...

          9. 58. In section 72(1).— for the definition of " guardian "...

          10. 59. In section 111, after the definition of "hospital order" there...

      18. Health Visiting and Social Work (Training) Act 1962

          1. 60. In section 3(5), after " 1948 ", insert " or...

      19. Education (Scotland) Act 1962

          1. 61. In section 36(3), for the words from "if satisfied" to...

          2. 62. (1) In section 44(1), for the words from "that the...

          3. 63. In section 65(1), (3), (4) and (5), for the words...

          4. 64. In section 66(1), for the words " the local health...

          5. 65. In section 85(5)(c), from the beginning to " 1937 "...

          6. 66. In section 141(2), after paragraph (c), there shall be added...

          7. 67. In section 145, there shall be inserted the following definitions—...

      20. Children and Young Persons Act 1963

          1. 68. In section 55, the words from " section 88(5)" to...

          2. 69. (1) In section 57(2), any reference to a juvenile court...

      21. Criminal Justice (Scotland) Act 1963

          1. 70. In section 1(4), for the word " seventeen " there...

          2. 71. In section 7(1), for the word "fourteen" there shall be...

          3. 72. In section 29, for the words " approved school "...

      22. Registration of Births, Deaths and Marriages (Scotland) Act 1965

          1. 73. (1) In section 15, in subsections (1) and (3), for...

      23. Family Allowances Act 1965

          1. 74. (1) In section 11(1), in paragraph (a) after the word...

   9. SCHEDULE 9

      Enactments Repealed

      1. PART I

         1. Repeals Extending to Scotland Only

      2. PART II

         1. Repeals Extending to England and Wales