Social Work (Scotland) Act 1968

61 Restriction on carrying on of establishments. S

[F1 [F2 (1) In so far as the context admits, the following provisions of this Part of this Act apply—

(a) except in the case mentioned in paragraph (b) below, to any residential or other establishment the whole or a substantial part of whose functions is to provide persons with such personal care or support, whether or not combined with board and whether for reward or not, as may be required for the purposes of this Act or of the Children (Scotland) Act 1995;

(b) in the case of a residential establishment which is a grant-aided or independent school (as respectively defined in section 135(1) of the M1 Education (Scotland) Act 1980), to that establishment if any part of its functions are as described in paragraph (a) above.]

(1A) For the purposes of subsection (1) above–

• “establishment” does not include

  (a)

  F3 any establishment controlled or managed by a Government department or by a local authority or, subject to [F4 section] 63B below, required to be registered, or in respect of which a person is required to be registered, with a Government department or a local authority under any other enactment, [F5 ; or

  (b)

  any establishment providing residental accommodation with nursing falling within section 13A of this Act;], [F6 but an establishment is not excluded for those purposes by paragraph (a) above by reason only of its being registrable by the Registrar of Independent Schools in Scotland;]

• “personal care” includes the provision of appropriate help with physical and social needs; and

• “support” means counselling or other help provided as part of a planned programme of care.]

(2) [F7 Subject to [F8 sections 61A(1) and 62(8) and (8A) of this Act]] An establishment shall not be carried on by any person unless he is for the time being registered in respect of it in a register kept for the purposes of this section by a local authority or, as the case may be, by the Secretary of State.

(3) Any person who carries on an establishment in contravention of the provisions of subsection (2) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F9 level 4 on the standard scale] and in the case of a second or subsequent conviction to imprisonment for a term not exceeding three months or to a fine not exceeding [F9 level 4 on the standard scale] or to both such imprisonment and such fine.

Textual Amendments

F1 S. 61(1)(1A) substituted for subsection (1) by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 1(1)

F2 S. 61(1) substituted (1.4.1997) by 1995 c. 36, s. 34(2)(a) (with ss. 90, 103(1)); S.I. 1996/3201, art. 3(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))

F3 Word in s. 61(1A) 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(8)(a); S.I. 1992/2975, art. 2 (2), Sch.

F4 S. 61(1A): words in the definition of “establishment” substituted (1.4.1997) by 1995 c. 36, s. 34(2)(b)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(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))

F5 Words in s. 61(1A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), Sch. 9 para. 10(8)(b); S.I. 1992/2975, art. 2 (2), Sch.

F6 S. 61(1A): words in the definition of “establishment” added (1.4.1997) by 1995 c. 36, s. 34(2)(b)(ii) (with ss. 90, 103(1)); S.I. 1996/3201, art. 3(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))

F7 Words inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 1(2)

F8 Words in s. 61(2) substituted (1.4.1997) by 1995 c. 36, s.34(2)(c) (with ss. 90, 103(1)); S.I. 1996/3201, art. 3(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))

F9 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289C(1), Sch. 7C (as inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 63(1), Sch. 11 paras. 5, 13) and s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 61(3) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine of £50 for a first offence and £100 for a second or subsequent offence

Modifications etc. (not altering text)

C1 S. 61(3): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) (liability on first and subsequent convictions) applies (S.)

Marginal Citations

M1 1980 c.44.