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] [F3sections 12 and 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 [F4conferred under or by virtue of] this Act [F5sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)] [F6, Part 2 of the Children (Scotland) Act 1995 (c.36) [F7, the Criminal Procedure (Scotland) Act 1995] or the Children’s Hearings (Scotland) Act 2011 (asp 1)], 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) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(6); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F4Words in s. 59(1) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(a), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3)
F5Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 25(4), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F6Words in s. 59(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(9)
F7Words in s. 59(1) inserted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(b), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3)
Marginal Citations