59 Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.S
(1)[F1[F2Without 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 [F3or 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 M1Local 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
F1Words 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.
F2Words 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)
F3Words 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