Social Work (Scotland) Act 1968

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 [F1or 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 [F2councils 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—

F4(a) . . .

(b)the [F5Mental Health (Care and Treatment) (Scotland) Act 2003] . . . 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

F1Words 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))

F2Words 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)