Social Work (Scotland) Act 1968
Part I Administration
Performance of their duties by local authorities
1 Local authorities for the administration of the Act.
2 The social work committee .
3Chief social work officer.
4 Provisions relating to performance of functions by local authorities.
Central Authority
5Powers of Secretary of State.
5A Local authority plans for community care services.
5B Complaints procedure.
6 Supervision of establishments providing accommodation for persons and inspection of records etc.
6A Inquiries.
6B Local authority inquiries into matters affecting children.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Research, training courses and financial and other assistance
8 Research.
9 Training courses and grants for training in social work.
10 Financial and other assistance to voluntary organisations etc., for social work.
Acquisition of land
11 Acquisition of land.
Part II Promotion of Social Welfare by Local Authorities
General
12 General social welfare services of local authorities.
12A Duty of local authority to assess needs.
12AZAAssessments under section 12A: assistance
12AA Assessment of ability to provide care
12AB Duty of local authority to provide information to carer
12B Direct payments in respect of community care services.
12C Further provisions relating to direct payments.
13 Power of local authorities to assist persons in need in disposal of produce of their work.
13ZAProvision of services to incapable adults
Residential accommodation with nursing.
13A Residential accommodation with nursing.
Provision of care and after-care
13B Provision of care and after-care
Home help
14 Home help and laundry facilities.
Special provisions as to the care of children in need
15 Promotion of Social Welfare by Local Authorities
16 Promotion of Social Welfare by Local Authorities
16A Promotion of Social Welfare by Local Authorities
17 Promotion of Social Welfare by Local Authorities
17A Promotion of Social Welfare by Local Authorities
17B Promotion of Social Welfare by Local Authorities
17C Promotion of Social Welfare by Local Authorities
17D Promotion of Social Welfare by Local Authorities
17E Promotion of Social Welfare by Local Authorities
18 Promotion of Social Welfare by Local Authorities
18A Promotion of Social Welfare by Local Authorities
19 Promotion of Social Welfare by Local Authorities
20 Promotion of Social Welfare by Local Authorities
20A Promotion of Social Welfare by Local Authorities
21 Promotion of Social Welfare by Local Authorities
22 Promotion of Social Welfare by Local Authorities
23 Promotion of Social Welfare by Local Authorities
24 Promotion of Social Welfare by Local Authorities
25 Promotion of Social Welfare by Local Authorities
25A Promotion of Social Welfare by Local Authorities
26 Promotion of Social Welfare by Local Authorities
Supervision and care of persons put on probation or released from prisons etc.
27Supervision and care of persons put on probation or released from prisons etc.
27ZAAdvice, guidance and assistance to persons arrested or on whom sentence deferred
27A Grants in respect of community service facilities
27B Grants in respect of hostel accommodation for persons under supervision.
Ancillary
28 Burial or cremation of the dead.
29 Power of local authority to defray certain travelling expenses.
Part III Children in need of Compulsory Measures of Care
30 Definition of child and parent for Part III.
31 Restriction on prosecution of children for offences.
32 Children in need of compulsory measures of care.
33 Formation of children’s panels.
34 Children’s hearings.
34A Safeguarding of interests of children before children’s hearings etc.
35 Provisions as to time, place, privacy and notification of children’s hearings.
36 The reporter and deputies.
36A Power of reporters to conduct proceedings before a sheriff.
37 Reports of cases of children who may require compulsory measures of care and the interim detention of such children in places of safety.
38 Initial investigation of cases by reporter.
39 Action on initial investigation by reporter.
40 Attendance of child at children’s hearing.
41 Attendance of parent at children’s hearing.
42 Conduct of children’s hearing and application to sheriff for findings.
43 Discharge of referral and power of children’s hearing to order further investigation after consideration of the facts.
44 Disposal of case by children’s hearing other than by discharge of referral.
45 Rules as respects transmission of information and conveyance of children to residential establishments etc.
46 Children to whom Part IV of the Mental Health (Scotland) Act 1960 may apply.
47 Duration of supervision requirements and their variation.
48 Review of requirement of children’s hearing.
49 Appeal against decision of a children’s hearing.
50 Appeal to Court of Session.
51 Reconsideration by hearing after appeal, and subsequent appeal.
52 Power of Secretary of State to terminate a supervision requirement.
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54 Transfer of case to another children’s hearing.
55 Presumption and determination of age.
56 Reference and remit of children’s cases by courts to children’s hearings.
57 Reference and remit of cases of certain young persons by courts to children’s hearings.
58 Prohibition of publication of proceedings.
58A Residence in secure accommodation.
58B Time limits on keeping without reference to children’s hearing.
58C Review of secure accommodation condition.
58D Sheriff’s power to direct condition to cease to have effect.
58E Warrants to detain in secure accommodation.
58F Procedures for placing in secure accommodation.
58G Transitional provisions.
Part IV Residential and other Establishments
Provision of residential and other establishments
59Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.
59A Grants in respect of secure accommodation for children.
60 Control of residential and other establishments.
Registration of certain residential and other establishments
61 Restriction on carrying on of establishments.
61A Voluntary registration.
62 Registration.
62A Certificate of registration as respects grant-aided or independent school.
63 Special provisions for registration by Secretary of State.
63A Appeals against conditions imposed on registration or subsequently.
63B Special provisions for jointly registrable establishments.
64 Appeals against refusal or cancellation of registration.
64A Registration fees.
65 Removal of persons from establishments.
66 Duty to furnish particulars of establishments.
67 Entry to examine state and management of establishments etc.
68 Visiting of persons in establishments on behalf of local authorities.
Part V
Absence without leave
69 Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement.
70 Abscondment from residential establishments.
71 Harbouring.
Transfer
72 Supervision of children moving to England or Wales or Northern Ireland.
73 Supervision of children moving to Scotland.
74 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland.
75 Parent of a child subject to an approved school order or a committal order moving to Scotland.
76 Procedure.
77 Meaning of child for the purposes of this Part of this Act.
Part VI Contributions in respect of Children in Care etc.
78 Duty to make contributions in respect of children in care etc.
78A Recovery of contributions.
79 Recipients of contributions.
80 Enforcement of duty to make contributions.
81 Provisions as to decrees for aliment.
82 Recovery of arrears of contributions.
83 Variation of trusts.
83A References in this Part of this Act to child being looked after.
Part VII Miscellaneous and General
General
84 Transfer of assets and liabilities.
85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86 Adjustments between authority providing accommodation etc., and authority of area of residence.
86A Exclusion of powers to provide accommodation in certain cases.
87 Charges that may be made for services and accommodation.
88 Duty of parents to notify change of address.
89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 Orders, regulations etc.
91 Expenses.
92 Effect of Act on rate support grant.
92A Powers of the Secretary of State to make grants.
Supplementary
93 Transitional provisions.
94 Interpretation.
95 Minor and consequential amendments, repeals and savings.
96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97 Extension of certain provisions of Act to England and Wales, Northern Ireland and the Channel Islands.
98 Commencement.
99 Short title.
SCHEDULES
SCHEDULE 1
SCHEDULE 2 Amendment of Part IV of the Children and Young Persons (Scotland) Act 1937
Part I
General Adaptations
1Any reference to a child or to a young person...
2Any reference to a court of summary jurisdiction or to...
Part II Specific Adaptations
3—6. . . . . . . . . ....
7In section 46(1) for the words “child or young person”,...
8—15. . . . . . . . . ....
16. . . . . . . . . ....
17. . . . . . . . . ....
18In section 62, for the words “an approved school” there...
19, 20. . . . . . . . . ....
SCHEDULE 3 Children’s Panels
Appointment
1The Secretary of State shall appoint such number of members...
2A member of a children’s panel shall hold office for...
Children’s Panel Advisory Committee
3Subject to paragraph 5B below,each local authority shall form a...
3AThe Secretary of State may, at the request of the...
4The chairman of the Children’s Panel Advisory Committee shall be...
5It shall be the duty of the Children’s Panel Advisory...
5AThe Children’s Panel Advisory Committee shall have power—
5B(1) Two or more local authorities may, for the purpose...
Recruitment and Training of Panel Members
6The Secretary of State may make such arrangements as he...
7Each local authority shall make such arrangements as they consider...
Expenses of Panel Members
8A local authority may pay– (a) to a member or...
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6Transfer of Assets and Liabilities
1Every agreement to which the transferor was a party immediately...
2Where the functions of the transferor are transferred to more...
3Any legal or other proceedings to which the transferor is...
4The Secretary of State may make regulations for facilitating the...
5In this Schedule— (a) “transferor” means a body or person...
SCHEDULE 7 Transitional Provisions
Registration of existing establishments
1(1) Until the expiration of a period of two years...
Approved schools
2(1) The following enactments shall, notwithstanding the repeal or exclusion...
Contributions in respect of children taken into care
3After the commencement of Part II of this Act and...
Approved school orders, fit person orders, and supervision orders
4(1) This paragraph applies to children who immediately before the...
Jurisdiction of courts
5(1) Subject to the next following sub-paragraph, on the commencement...
6On the coming into operation of the said Part III...
Remand Home Grant
7Until such time as the Secretary of State may direct,...
Probation Grant
8Until such time as the Secretary of State may by...
Interpretation
9In this Schedule the following expressions have the meanings assigned...
SCHEDULE 8 Minor and Consequential Amendments
1. . . . . . . . . ....
2—5. . . . . . . . . ....
Children and Young Persons (Scotland) Act 1937
6In section 38(3), for the words “an approved school” there...
7(1) In section 87(1), for the words from “to an...
8After section 101(2) there shall be inserted the following subsection—...
9(1) In section 103(1), for the words “whether charged with...
10In section 110(1), in the definition of “Child”, for the...
National Health Service (Scotland) Act 1947
11(1) In section 15(1), after paragraph (f) there shall be...
12In section 27, at the end there shall be added...
13In section 63, after the words “foregoing section” there shall...
National Assistance Act 1948
14In section 32(1), at the end there shall be inserted...
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16In section 65, at the end, there shall be added...
17. . . . . . . . . ....
18. . . . . . . . . ....
19. . . . . . . . . ....
Nurseries and Child-Minders Regulation Act 1948
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21. . . . . . . . . ....
22—31. . . . . . . . . ....
Maintenance Orders Act 1950
32In section 8(1), after the words “the Children Act 1948”...
33(1) In section 9, in subsection (1), after paragraph (a)...
34In section 16(2)(b), after sub-paragraph (v) there shall be inserted...
35. . . . . . . . . ....
Valuation and Rating (Scotland) Act 1956
36. . . . . . . . . ....
Adoption Act 1958
37In section 4(3), paragraph (b) shall be omitted, and after...
38In section 15(4), for the words “(which provides” there shall...
39In section 36(2)(a), for the words “or section ninety” to...
40In section 43(3), after the word “1948” there shall be...
41In section 57, in the definition of “place of safety”,...
Matrimonial Proceedings (Children) Act 1958
42In section 10, for subsection (4) there shall be substituted...
43(1) In section 11(1), for the words “for the purpose”...
44—47. . . . . . . . . ....
48, 49. . . . . . . . . ....
50. . . . . . . . . ....
51—59. . . . . . . . . ....
Health Visiting and Social Work (Training) Act 1962
60In section 3(5), after “1948”, insert “or under any re-enactment...
61, 62. . . . . . . . . ....
63, 64. . . . . . . . . ....
65—67. . . . . . . . . ....
Children and Young Persons Act 1963
68In section 55, the words from “section 88(5)” to “Scottish...
69—72. . . . . . . . . ....
Registration of Births, Deaths and Marriages (Scotland) Act 1965
73(1) In section 15, in subsections (1) and (3), for...
74. . . . . . . . . ....
SCHEDULE 9 Enactments Repealed
Part I Repeals Extending to Scotland Only
Part II Repeals Extending to England and Wales

Royal arms

Social Work (Scotland) Act 1968

1968 CHAPTER 49

An Act to make further provision for promoting social welfare in Scotland; to consolidate with amendments certain enactments relating to the care and protection of children; to amend the law relating to the supervision and care of persons put on probation or released from prison etc.; to restrict the prosecution of children for offences; to establish children’s panels to provide children’s hearings in the case of children requiring compulsory measures of care; and for purposes connected with the aforesaid matters.