Social Work (Scotland) Act 1968

Transfer U.K.

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

(1) Where a children’s hearing are satisfied that a child in respect of whom a supervision requirement under section 44(1)(a) of this Act is in force proposes to reside or is residing in England or Wales or in Northern Ireland they may either—

(a) discharge the supervision requirement; or

(b) send notification of the requirement

[F1 (i) in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);

(ii) in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).]

in which the child proposes to reside or is residing.

[F2 (1A) [F3 A youth court] to which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 [F4 12A, 12AA, 12B or 12C] of the M1 Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made; and in relation to a supervision order made by virtue of this subsection—

[[F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 17 of that Act shall have effect as if in paragraph (a) the references to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.]]]

(2) [F6 A juvenile court] to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement a supervision order placing him under the supervision of a probation officer for a period not exceeding one year beginning with the day on which the notification was sent; and the provisions . . . F7 of the M2 Children and Young Persons Act (Northern Ireland) 1950 shall apply to any such order as those provisions . . . F7 apply . . . F7 to a supervision order within the meaning of section 63(1)(d) of the said Act of 1950.

(3) Where a case is disposed of by a [F8 youth court or, as the case may be] juvenile court in pursuance of this section in respect of a child subject to a supervision requirement, the requirement shall cease to have effect.

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 72(1)(b)(i)(ii) substituted (1.10.1992) for words in s. 72(1)(b) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(a) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F2 S. 72(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 58(1)

F3 Words in s.72(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(i) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F4 Words in s. 72(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(ii) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2.

F5 S. 72(1A)(a) and word following it repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(b)(iii), Sch.13 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2.

F6 Words in s. 72(2) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(c) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F7 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F8 Words in s. 72(3) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9.(d) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F9 S. 72(4) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(e), Sch.13 (with s. 28 ); S.I. 1992/333, art. 2(2), Sch.2.

Marginal Citations

M1 1969 c. 54.

M2 1950 c. 5 (N.I.)

73 Supervision of children moving to Scotland. U.K.

(1) Where a juvenile court in England or Wales or in Northern Ireland is satisfied that a child in respect of whom a probation order or a supervision order is in force proposes to reside or is residing in Scotland, the court may either—

(a) discharge the probation order or supervision order; or

(b) send notification of that order to the [F10 Principal Reporter]

and on the receipt of such a notification it shall be the duty of the [F11 Principal Reporter]

[F12 (i) in the case of a supervision order made by virtue of [F13 sections 189(4) and 390(4) of the M3 Criminal Procedure (Scotland) Act 1975] to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the [F11 Principal Reporter] has received by virtue of section 76 of this Act;

(ii) in any other case.]

to arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.

[F14 In this subsection “the appropriate court” means the sheriff having jurisdiction in the area in which the child proposes to reside or is residing or, where the original probation order was imposed by the High Court of Justiciary, that Court.]

[F15 (1A) Where a court in England or Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the M4 Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales); and where the court makes a supervision order by virtue of this subsection—

(a) the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting;

(b) the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act; and

(c) the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the [F11 Principal Reporter] shall apply accordingly.]

(2) For the purposes of a children’s hearing arranged in pursuance of the foregoing [F16 provisions of this section] the notification by a . . . F17 court of a probation order or supervision order shall be conclusive evidence of the existence of that order in relation to the child.

(3) When a children’s hearing have disposed of a case referred to them under this section the probation order or the supervision order in respect of the child shall cease to have effect.

Textual Amendments

F10 Words in s. 73(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(22); S.I. 1996/323, art. 4(1)(b)(c)

F11 Words in s. 73(1)(i)(1A)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F12 S. 73(1)(i)(ii) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1)

F13 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 460(1)(b)

F14 Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1)

F15 S. 73(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(2)

F16 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(3)

F17 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

Modifications etc. (not altering text)

C1 S. 73(1) extended (E.W.) (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 189(6), 390(6) (which said ss. 189(6), 390(6) ceased to have effect (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53), s. 16, Sch. 3 Pt. II para. 7(4) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2)

Marginal Citations

M3 1975 c. 21.

M4 1969 c. 54.

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

(1) Where a children’s hearing are satisfied that the parent of a child who is required to reside in a residential establishment under a supervision requirement made under section 44(1)(b) of this Act proposes to reside or is residing in England or Wales or in Northern Ireland they shall review the requirement, and on such review they may as they think proper—

(a) discharge the supervision requirement;

(b) continue the supervision requirement;

(c) vary the supervision requirement by making a supervision requirement under subsection (1)(a) of the said section 44 and send notification of that requirement in accordance with section 72(1)(b) of this Act; or

(d) make a report on the case to the Secretary of State with a recommendation for the transfer of the child in accordance with the following provisions of this section.

(2) If the Secretary of State is for any reason unable to accept a recommendation for the transfer of a child made under paragraph (d) of subsection (1) of this section, he may refer the matter back to the children’s hearing for their reconsideration of the case, or himself discharge the supervision requirement.

(3) Where such a recommendation is made and is not dealt with under subsection (2) of this section, the Secretary of State may make an order transferring the child to the care of the managers of a school . . . F18 in Northern Ireland, being . . . F18 , a training school within the meaning of the M5 Children and Young Persons Act (Northern Ireland) 1950 or, . . . F18 , committing him to the care of the local authority or, as the case may be, of the welfare authority in whose area the parent of the child proposes to reside or is residing.

(4) The provisions of . . . F18 the said Act of 1950 shall apply to any order under this section transferring a child to the care of the managers of . . . F18 a training school as if it were . . . F18 a training school order made by a court on the date on which the supervision requirement was originally made under section 44 of this Act in respect of the child:

Provided that—

(a) notwithstanding anything in . . . F18 section 75 of the said Act of 1950, the order under this section shall not be authority for his detention in . . . F18 a training school after he has attained the age of eighteen years,

(b) the contributions to be made in respect of him under . . . F18 section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.

(5) The provisions . . . F18 , of the said Act of 1950 shall apply to any order under this section committing a child to the care . . . F18 , of a welfare authority as if it were an order made by a court under . . . F18 that Act.

[F19 (6) An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the [F20 Children Act 1989, but as if section 31(8) were omitted].]

Textual Amendments

F18 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F19 S. 74(6) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 60

F20 Words in s. 74(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para.21; S.I. 1991/828, art. 3(2)

Marginal Citations

M5 1950 c. 5 (N.I.)

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

(1) Where . . . F21 [F22 the Secretary of State] is satisfied that the parent of a child who is subject to an . . . F21 training school order [F23 or an order under section 74(3) of this Act relating to a training school] proposes to reside or is residing in Scotland, he may refer the case to the [F24 Principal Reporter] and if the case is so referred the [F25 Principal Reporter] shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.

(2) Where a child has been committed to the care of a local authority in England or Wales [F26 by a care order (other than an interim order) within the meaning of the [F27 Children Act 1989] or an order under section 74(3) of this Act], or committed to the care of a welfare authority in Northern Ireland under Part III of the M6 Children and Young Persons Act (Northern Ireland) 1950 or Part I of the M7 Education Act (Northern Ireland) 1947 [F28 or the said section 74(3)] and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the [F25 Principal Reporter] shall arrange a children’s hearing accordingly.

(3) Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . F21 training school order [F29 or order under the said section 74(3) relating to a training school] or, as the case may be, of the order committing the child to the care of the local or welfare authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.

(4) When a children’s hearing have disposed of a case referred to them under this section the order [F30 under the said section 74(3) or] of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.

Textual Amendments

F21 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F22 Words substituted by virtue of S.I. 1973/2163, arts. 2(1), 11(5)

F23 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(1)

F24 Words in s. 75(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(23); S.I. 1996/323, art. 4(1)(b)(c)

F25 Words in s. 75(1)(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F26 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)

F27 Words in s. 75(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para.22; S.I. 1991/828, art. 3(2)

F28 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)

F29 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(3)

F30 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(4)

Modifications etc. (not altering text)

C2 S. 75(2) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1

Marginal Citations

M6 1950 c. 5 (N.I.)

M7 1947 c. 3 (N.I.)

76 Procedure. U.K.

(1) A children’s hearing or . . . F31 court, in exercising any jurisdiction under this Part of this Act in respect of a child, may proceed in the absence of the child or his parent or both.

(2) It shall be the duty of the [F32 Principal Reporter] at any children’s hearing arranged for the purposes of section 72 of this Act and of the clerk to any . . . F31 court referring a case to [F33 the Principal Reporter] for the purposes of section 73 of this Act to ensure that all documents relating to the case or certified copies thereof are transmitted to the . . . F31 court or, as the case may be, to the [F32 Principal Reporter]. . ..

(3) Where a child is to be transferred from a residential establishment in Scotland to any place in England or Wales or in Northern Ireland under this Part of this Act, it shall be the duty of the local authority responsible for the child to ensure the transfer of the child to that place.

(4) Where a children’s hearing is arranged under this Part of this Act in respect of a child subject to an . . . F31 training school order [F34 or order under section 74(3) of this Act relating to a training school] or committed to the care of a local authority in England or Wales or of a welfare authority in Northern Ireland, it shall be the duty of the managers . . . F31 of the training school or, as the case may be, of that local or welfare authority to ensure the transfer of the child to the place notified to them by the [F32 Principal Reporter].

Textual Amendments

F31 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F32 Words in s. 76(2)(4) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c)

F33 Words in s. 76(2) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(24)(a); S.I. 1996/323, art. 4(1)(b)(c)

F34 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 62

Modifications etc. (not altering text)

C3 S. 76(4) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1

77 Meaning of child for the purposes of this Part of this Act. U.K.

(1) “Child” in this Part of this Act means—

(a) for the purpose of sections 69 to 71, a child within the meaning of Part III of this Act,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(c) for any other purpose, a person under eighteen.

(2) “Parent” in this Part of this Act includes a guardian.

Textual Amendments

F35 S. 77(1)(b) repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6