SCHEDULE 1MODIFICATION OF PRIMARY LEGISLATION

Social Work (Scotland) Act 19681

1

The Social Work (Scotland) Act 19682 is amended as follows.

2

In section 1(1) (local authorities for the administration of the Act)3, for “or Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36) or Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

3

In section 4 (provisions relating to performance of functions by local authorities)4, after “1995” insert “or any of Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

4

In section 5 (powers of Scottish Ministers)5

a

in subsection (1), after “1995” insert “, Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1)”;

b

in subsection (1B), after paragraph (r) add—

s

Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011(asp 1).

c

in subsection (2)(c), for “and (q)” substitute “, (q) and (s)”.

5

In section 6A(1)(e) (inquiries into functions of Principal Reporter)6 from “Part” to “1995” substitute “the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

6

In section 9 (training courses and grants for training in social work)7, in each of subsections (1) and (2), for “or Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

7

In section 11(1) (compulsory purchase of land)8, for “or Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

8

In section 27(1)(b)(vi) (local authority to provide certain services in relation to children’s hearings)9, from “supervision” to the end substitute “compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children’s Hearings (Scotland) Act 2011 (asp 1);”.

9

In section 59(1) (duty of local authority to provide residential and other establishments etc.)10, for “or Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1)”.

10

In section 78 (duty to make contributions in respect of children in care etc.)11

a

in subsection (1), for “supervision requirement” substitute “compulsory supervision order”; and

b

in subsection (2), for the words from “supervision” to “1995,” substitute “compulsory supervision order which”.

11

In section 83(1) (variation of trusts), for “supervision requirement” substitute “compulsory supervision order”.

12

In section 94(1) (interpretation)12

a

after the definition of “community rehabilitation order” insert—

  • “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),

b

in the definition of “establishment”, for “or of Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1)”; and

c

in the definition of “residential establishment”, for “or of Part II of the Children (Scotland) Act 1995” substitute “, Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1)”.