The Social Work (Provision of Social Work Services in the Scottish Health Service) (Scotland) Regulations 1991

Statutory Instruments

1991 No. 536 (S.45)

SOCIAL WORK, SCOTLAND

The Social Work (Provision of Social Work Services in the Scottish Health Service) (Scotland) Regulations 1991

Made

5th March 1991

Laid before Parliament

11th March 1991

Coming into force

1st April 1991

The Secretary of State, in exercise of the powers conferred on him by section 5(2) of the Social Work (Scotland) Act 1968(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Work (Provision of Social Work Services in the Scottish Health Service) (Scotland) Regulations 1991 and shall come into force on 1st April 1991.

Interpretation

2.  In these Regulations, unless the context otherwise requires—

“Health Board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(2);

“NHS trust” means a body established by order made under section 12A(1) of the National Health Service (Scotland) Act 1978(3);

“Special Health Board” means a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(4).

Provision of Social Work Services in the Scottish Health Service

3.  In relation to the performance of their functions under section 12 of the Social Work (Scotland) Act 1968 (general social welfare services of local authorities) it shall be the duty of every local authority in performing those functions in respect of persons receiving treatment within their area under the National Health Service (Scotland) Act 1978 to consult with any Health Board, any NHS trust, and any Special Health Board responsible for the provision of such treatment as to the arrangements for making available advice, guidance and assistance to such persons.

Revocation

4.  The Social Work (Provision of Social Work Services in the Scottish Health Service) (Scotland) Regulations 1975(5) are hereby revoked.

Michael B. Forsyth

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

5th March 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations require regional and islands authorities in Scotland to consult with the appropriate Health Boards, any NHS trust and any Special Health Board in their area as to the provision under section 12 of the Social Work (Scotland) Act 1968 of social work services in relation to persons receiving treatment under the National Health Service (Scotland) Act 1978. They revoke previous Regulations which required consultation only with Health Boards.

(1)

1968 c. 49; section 5(2) was substituted by the Children Act 1975 (c. 72), Schedule 3, paragraph 49.

(2)

1978 c. 29.

(3)

Section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 (c. 19).

(4)

Section 2 was amended by section 28 of the National Health Service and Community Care Act 1990 (c. 19).

(5)

S.I. 1975/790.