It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act F1or Part II of the Children (Scotland) Act 1995 with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.

The local authorities for the purposes of this Act shall be F2councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.

The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.

Local authorities shall perform their functions under this Act F12and Part II of the Children (Scotland) Act 1995under the general guidance of the Secretary of State.

Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in F14subsection (1B) below; and a local authority shall comply with any direction made under this subsection.

In subsections (3) and (4) of this section, “ child ” has the same meaning as in Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995.

Within such period after the day appointed for the coming into force of this section as the Secretary of State may direct, and in accordance with the provisions of this section, each local authority shall prepare and publish a plan for the provision of community care services in their area.

In this section–

• “ community care services ” means services, other than services for children, which a local authority are under a duty or have a power to provide, or to secure the provision of, under Part II of this Act or F49section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); and

• “ private carer ” means a person who is not employed to provide the care in question by any body in the exercise of its functions under any enactment.

Subject to the provisions of this section, the Secretary of State may by order require local authorities to establish a procedure whereby a person, or anyone acting on his behalf, may make representations (including complaints) in relation to the authority’s discharge of, or failure to discharge, any of their functions under this Act, or any of the enactments F26mentioned in section 5(1B) of this Act, in respect of that person.

For the purposes of subsection (1) of this section, “person” means any person for whom the local authority have a power or a duty to provide, or to secure the provision of, a service, and whose need or possible need for such a service has (by whatever means) come to the attention of the authority.

An order under subsection (1) of this section may be commenced at different times in respect of such different classes of person as may be specified in the order.

In this section–

A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) of this section and as to the taking of such action as may be necessary in consequence of such representations.

Every local authority shall give such publicity to the procedure established under this section as they consider appropriate.

The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given the person holding the inquiry may if he thinks fit hold it or any part of it in private.

Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act M141973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.

Without prejudice to section 6A(1) of this Act, a local authority may cause an inquiry to be held into their functions under this Act, or any of the enactments mentioned in section 5(1B) of this Act, in so far as those functions relate to children.

The local authority may, before an inquiry under this section is commenced, direct that it be held in private; but where no such direction is given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

Subsections (2) to (6) of section 210 of the M15Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section, so however that, for the purposes of the application, any reference in those subsections to a Minister shall be construed as a reference to the local authority and any reference to an officer of his Department as a reference to an officer of that authority.

The expenses incurred by a local authority in relation to an inquiry under this section (including such reasonable sum as the authority may determine for the services of any of their officers engaged in the inquiry) shall, unless the authority are of the opinion that those expenses should be defrayed in whole or in part by them, be paid by such party to the inquiry as they may direct; and the authority may certify the amount of the expenses so incurred.

Any sum certified under subsection (4) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.

The local authority may make an award as to the expenses of the parties at the inquiry and as to the parties by whom such expenses shall be paid.

The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.

Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions in relation to social welfare.

The Secretary of State and any local authority may make financial assistance available in connection with any research which they may conduct or which they may assist other persons in conducting under the provisions of this section.

The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services for the purposes of this Act F35or Part II of the Children (Scotland) Act 1995.

The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards any fees or expenses incurred by persons undergoing training for any of the purposes of this Act F35or Part II of the Children (Scotland) Act 1995 in circumstances such that it appears to the Secretary of State requisite that the grants should be made, and may defray or contribute towards the cost of maintenance of persons undergoing such training.

The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by any body of persons in providing training as aforesaid.

The Scottish Ministers may make grants and loans of such amounts, and subject to such conditions, as they may determine to a voluntary organisation engaged as is mentioned in subsection (1) above to enable that organisation (in this section referred to as the “ primary organisation ”) to make grants and loans (in this section referred to as “ secondary grants and loans ”) to other voluntary organisations, or other persons, so engaged, in circumstances where it appears to the primary organisation that the secondary grants and loans should be made; and the Scottish Ministers may require that any secondary grant be subject to such conditions (including conditions for securing the repayment in whole or in part of that grant) as they may specify.

The conditions on which any grants are paid F40by the Scottish Ministers under subsection (1) or (1A) above may include conditions for securing the repayment in whole or in part of such grants.

A local authority may make contributions by way of grant or loan to any voluntary organisation the sole or primary object of which is to promote social welfare.

In subsection (3) above, “ voluntary organisation the sole or primary object of which is to promote social welfare ” includes F45a person providing, as mentioned in section 2(11)(b) of the Regulation of Care (Scotland) Act 2001 (asp 8), an adoption service registered under Part 1 of that Act .

A local authority may also make available to such a voluntary organisation as aforesaid the use of premises belonging to the authority on such terms as may be agreed, and furniture, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff employed by the authority in connection with the premises or other things belonging to the local authority which the voluntary organisation is permitted to use.

On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under F42section 65 of the M16Health Services and Public Health Act 1968 F43and section 16B of the M17National Health Service (Scotland) Act 1978 shall cease in so far as any such assistance may be given under this section.

A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated in or outside their area for the purposes of any of their functions under this Act F44or Part II of the Children (Scotland) Act 1995.

The M18Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if the last foregoing subsection had been in force immediately before the commencement of that Act.