The Grant for Bail Services (Scotland) Order 1993

Statutory Instruments

1993 No. 721 (S.100)

SOCIAL WORK, SCOTLAND

The Grant for Bail Services (Scotland) Order 1993

Made

10th March 1993

Coming into force

1st April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 27A(1)(b) and 94(1) of the Social Work (Scotland) Act 1968(1), and of all other powers enabling him in that behalf, and having consulted local authorities and other appropriate bodies in accordance with section 27A(2) of the said Act, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Grant for Bail Services (Scotland) Order 1993 and shall come into force on 1st April 1993.

Interpretation

2.  In this Order, “the Act” means the Social Work (Scotland) Act 1968.

3.  A service provided by a local authority for the following purposes is prescribed as a service with a purpose similar to those mentioned in section 27(1)(2) of the Act, in relation to which grants may be made to a local authority under section 27A(1) of the Act in respect of expenditure incurred by the authority in providing the service—

(a) making available to any court or to the Lord Advocate such social background reports and other reports relating to persons who have been charged with an offence and are to appear before a court, which the court or the Lord Advocate may require for the disposal of an application for bail; and

(b) the supervision of, and the provision of advice, guidance and assistance for, persons in their area who have been charged with an offence and are on bail subject to a condition of supervision by the local authority to secure any of the purposes described in section 1(2) (purposes for which conditions may be imposed in granting bail) of the Bail etc. (Scotland) Act 1980(3).

Fraser of Carmyllie

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

10th March 1993

Explanatory Note

(This note is not part of the Order)

Under section 27A of the Social Work (Scotland) Act 1968 the Secretary of State may make grants to a local authority in respect of expenditure incurred by the authority in providing the services of giving reports to a court on a person appearing before the court, and supervising and caring for persons such as those put on probation or released from prison. This Order extends the range of local authority services in respect of which such grant may be made, to include the making of reports to a court or to the Lord Advocate on a person who has applied for bail, and supervising and caring for persons who have been released on bail subject to a condition of supervision by the local authority.

(1)

1968 c. 49; section 27A was inserted by section 9 of the Community Service by Offenders (Scotland) Act 1978 (c. 49) and amended by section 61(5) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40); section 94(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which this Order is made; that definition was inserted by the Children and Young Persons Act 1969 (c. 54), Schedule 5, paragraph 64(1), and was relevantly amended by section 61(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

(2)

Section 27(1) was amended by the Community Service by Offenders Act 1978, Schedule 2, paragraph 1 and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 61(4) and Schedule 6, paragraph 8.

(3)

1980 c. 4.