Part I Administration
Performance of their duties by local authorities
1 Local authorities for the administration of the Act.
(1)
It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act F1, 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) with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.
(2)
The local authorities for the purposes of this Act shall be F2councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994
(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(4)
The functions of local health authorities in respect of their areas under the following enactments—
(a) F4
. . .
F8(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are hereby transferred to the local authorities of those areas.
(5)
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.
(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103F10Chief social work officer.
(1)
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.
(2)
The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.
4 Provisions relating to performance of functions by local authorities.
Where a function is assigned to a local authority under this Act F11or F12section 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)F13 or Part II of the Children (Scotland) Act 1995 F14or any of Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) F15 or Part 2, 3, 4, 5 or 6 of the Carers (Scotland) Act 2016, and a voluntary organisation or other person, including another local authority, is able to assist in the performance of that function, the local authority may make arrangements with such an organisation or other person for the provision of such assistance as aforesaid.