Local Government (Scotland) Act 1973

161 Social work. S

(1) For the purposes of the M1 M2 Social Work (Scotland)

Acts 1968 and 1972, the local authority shall be a regional or islands council.

(2) In relation to the discharge by a local authority of their social work functions, Schedule 20 to this Act shall have effect in place of subsections (1) to (5) and (10) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.

(3) Where a local authority have made an arrangement under Schedule 20 to this Act for the discharge by their social work committee of any of their social work functions, that function shall not, during the subsistence of such arrangement, stand referred to that committee under section 2 of the Act of 1968, and the committee may themselves discharge the function in accordance with the arrangement.

(4) Paragraphs 2, 7, 8 and 9 of Schedule 20 to this Act shall, subject to any necessary modifications, apply in relation to a social work committee and to the standing reference of functions to that committee under section 2 of the Act of 1968 as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.

(5) The number of members of a social work committee and their term of office shall be fixed by the appointing authority.

(6) A social work committee may, subject to section 59 of this Act, include persons who are not members of the appointing authority, [F1 but at least two-thirds of the members appointed to the committee shall be members of that authority.]

(7) Every member of a social work committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any sub-committee thereof; but for the purposes of this subsection a member of a social work committee shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

(8) Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under Schedule 20 to this Act as they apply in relation to a joint committee appointed under Part V of this Act.

(9) This section shall be without prejudice to the provisions of Schedule 3 to the Act of 1968 relating to Children’s Panel Advisory Committees.

(10) In this section—

(a) “social work committee” means a committee appointed under section 2(1) of the Act of 1968;

(b) “social work functions” means the functions referred to in section 2(2) of the Act of 1968;

(c) “the M3 Act of 1968” means the Social Work (Scotland) Act 1968.

Textual Amendments

F1 Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwise (prosp.)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 14(6)(8)(b), 194(4), 195(2), Sch. 12 Pt. II

Marginal Citations

M1 1968 c. 49.

M2 1972 c. 24.

M3 1968 c. 49.