Social Work (Scotland) Act 1968

3 The director of social work

(1) For the purposes of their functions under the enactments referred to in section 2(2) of this Act, a local authority shall, in accordance with the provisions of this section, appoint an officer, to be known as the director of social work.

(2) The qualifications of the director of social work shall be such as the Secretary of State may prescribe.

(3) Any vacancy in the appointment of director of social work shall be advertised by the local authority and, unless and until the Secretary of State prescribes qualifications under the last foregoing subsection, copies of all the applications received for the vacancy shall be forwarded by the local authority to the Secretary of State who shall compile a list of those applicants whom he considers qualified for the appointment, and if he considers none of the applicants to be qualified for the appointment he shall require the local authority to re-advertise the vacancy, and the local authority shall comply with the requirement with or without any change in the terms and conditions of service offered.

(4) The Secretary of State shall send a copy of any such list as aforesaid to the local authority who submitted the applications from which the list was compiled, and the local authority shall appoint a person from among those named on that list, or, if they do not wish to appoint a person so nominated, a person nominated on a subsequent list compiled as aforesaid after re-advertisement of the vacancy.

(5) The director of social work shall hold his office during the pleasure of the local authority, but he shall not be removed therefrom, or be required to resign as an alternative thereto, except by a resolution of that authority passed by not less than two-thirds of the members present at a meeting of the authority, notice of which specifies as an item of business the consideration of the removal from office of the director of social work or his being required to resign.

(6) The director of social work of a local authority shall not, except with the consent of the Secretary of State, be employed by that authority in any other capacity.

(7) A local authority shall secure the provision of adequate staff for assisting the director of social work in the performance of his functions.

(8) The provisions as to remuneration and tenure of office contained in sections 82 and 92 of the [1947 c. 43.] Local Government (Scotland) Act 1947, so far as these provisions are not inconsistent with any of the foregoing provisions of this section, shall apply to directors of social work and their staffs.

(9) Section 41 of the [1948 c. 43.] Children Act 1948 (children's officer) shall cease to have effect.