Where any functions are transferred to a local authority by virtue of this Act all property, rights, liabilities and obligations relating to the performance of those functions which immediately before the date of transfer were the property, rights, liabilities and obligations of the body or person from which the functions are transferred shall on that date be transferred to and vest in the local authority or, as the case may be, the local authorities to which the functions have been transferred, and the provisions of Schedule 6 to this Act shall have effect for the purposes of this section.
Textual Amendments
(1)Any expenditure which apart from this section would fall to be borne by a local authority—
(a)in the provision under this Act of accommodation for a person ordinarily resident in the area of another local authority, or
(b)in the provision under Part II of this Act of services and facilities for a person ordinarily so resident (including, in the case of a child, any expenses incurred after he has ceased to be a child, and, in the event of his care being taken over by virtue of section 15(4) of this Act including also any travelling or other expenses incurred in connection with the taking over), or
(c)for the conveyance of a person ordinarily resident as aforesaid, or
(d)in administering a supervision requirement in respect of a person ordinarily resident as aforesaid, [F2or]
[F2(e)in the provision of accommodation, services or facilities for persons ordinarily so resident under section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984;]
shall be recoverable from the other local authority, and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales.
(2)Any question arising under this section as to the ordinary residence of a person shall be determined by the Secretary of State, and the Secretary of State may determine that a person has no ordinary residence.
(3)In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he was a patient in a hospital [F3forming part of the hospital and specialist services] provided under [F4sections 2 and 3 of the M1National Health Service Act 1977] or [F5Part II of the M2National Health Service (Scotland) Act 1978][F6or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978] or, in the case of a child, any period during which he resided in any place as an inmate of a school or other institution, or in accordance with the requirements of a supervision requirement, supervision order or probation order or the conditions of a recognizance, or while boarded out under this Act or under F7 . . . the M3Children and Young Persons (Scotland) Act 1937 by a local authority or education authority [F8or placed with local authority foster parents under the Children Act 1989] shall be disregarded.
Textual Amendments
F2S. 86(1)(e) and the word “or” immediately preceding it inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(11)
F3Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II
F4Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 48
F5Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(2)
F6Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(12)
F7Words in s. 86(3) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15; S.I. 1991/828, art. 3(2)
F8Words in s. 86(3) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para.23; S.I. 1991/828, art. 3(2)
Marginal Citations
Valid from 01/04/1993
(1)Subject to subsection (3) below, no accommodation may be provided under this Act for any person who, immediately before the date on which this section comes into force, was ordinarily resident in relevant premises.
(2)In subsection (1) above “relevant premises” means—
(a)any establishment in respect of which a person is registered under section 62 of this Act;
(b)any nursing home within the meaning of the Nursing Homes Registration (Scotland) Act M41938 in respect of which a person is registered or exempt from registration under that Act;
(c)any private hospital registered under section 12 of the Mental Health (Scotland) Act M51984; and
(d)such other premises as the Secretary of State may by regulations prescribe.
(3)The Secretary of State may by regulations provide that in such cases and subject to such conditions as may be prescribed subsection (1) above shall not apply in relation to such classes of persons as may be prescribed in the regulations.
(4)The Secretary of State shall by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in any premises for the purposes of subsection (1) above.
(5)This section does not affect the validity of any contract made before the date on which this section comes into force for the provision of accommodation on or after that date or anything done in pursuance of such a contract.]
Textual Amendments
F9S. 86A inserted (S.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 57; S.I. 1992/2975, art. 2(2), Sch.
Modifications etc. (not altering text)
C1S. 86A(1) restricted (1.4.1993) by S.I. 1993/477, regs. 4-9.
Marginal Citations
M41938 c. 73(113:3).
M51984 c. 36(85).
[F10(1)Subject to sections 78 and 78A of this Act (contributions in respect of maintainable children) and to the following provisions of this section, a local authority providing a service under this Act [F11or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984] may recover such charge (if any) for it as they consider reasonable.
(1A)If a person—
(a)avails himself of a service provided under this Act [F12or section 7 or 8 of the said Act of 1984]; and
(b)satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,
the authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.]
(2)Persons, other than maintainable children, for whom accommodation is provided under this Act [F13or section 7 of the said Act of 1984], shall be required to pay for that accommodation in accordance with the subsequent provisions of this section.
(3)Subject to the following provisions of this section, accommodation provided under this Act [F13or section 7 of the said Act of 1984] shall be regarded as accommodation provided under Part III of the M6National Assistance Act 1948, and [F14sections 22(2) to (8)] and 26(2) to (4) [F15as amended by [F16the Schedule to the Housing (Homeless Persons) Act 1977, paragraph 2(1) of Schedule 4 to the Social Security Act 1980,] section 20 of the M7Health and Social Services and Social Security Adjudications Act 1983 [F17and paragraph 32 of Schedule 10 to the Social Security Act 1986])] (charges for accommodation and provision of accommodation in premises maintained by voluntary organisations) and sections 42 [F18(as amended by paragraphs of Schedule 1 to the Law Reform (Parent and Child) (Scotland) Act 1986) and 43] of the said Act of 1948 (which make provision for the mutual maintenance of wives and husbands and the maintenance of their children by recovery of assistance from persons liable for maintenance and for affiliation orders, etc. ) shall apply accordingly.
(4)In the application of the said section 22, for any reference to the Minister there shall be substituted a reference to the Secretary of State, and in the application of the said section 26, any references to arrangements under a scheme for the provision of accommodation shall be construed as references to arrangements made by a local authority with a voluntary organisation [F19or any other person or body] for the provision of accommodation under this Act [F20or section 7 of the said Act of 1984].
(5)The Secretary of State may, with the consent of the Treasury, make regulations for modifying or adjusting the rates at which payments under this section are made, where such a course appears to him to be justified, and any such regulations may provide for the waiving of any such payment in whole or in part in such circumstances as may be specified in the regulations.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
Textual Amendments
F10S. 87(1) substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 18
F11Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(a)
F12Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(b)
F13Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c)
F14Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 5(1)
F15Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(2)
F16Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(a)
F17Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(b)
F18Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(c)
F19Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(d)
F20Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c)
Marginal Citations
(1)Where—
(a)a child is received into the care of a local authority under Part II of this Act; or
(b)he is subject to a supervision requirement,
the parents of the child shall keep the local authority responsible for the supervision or care of the child informed of the parents’ address.
(2)The parent of a child to whom the foregoing subsection relates and who knowingly fails to comply with the requirements of that subsection shall be liable on summary conviction to a fine of [F22level 1 on the standard scale] but in any proceedings under this section it shall be a defence that the accused was at the material time residing at the same address as the other parent and had reasonable cause to believe that the other parent kept the local authority responsible for the supervision or the care of the child informed of the address of both parents.
(3)A [F23person] who is making any payment to a local authority by virtue of any order or decree under Part VI of this Act shall be regarded as a parent for the purposes of this section.
Textual Amendments
F22Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)
F23Word substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(5)
Textual Amendments
(1)Any power to make regulations or orders (other than orders under sections 52 and 58 and Part V of this Act), . . . F25, or to make rules conferred on the Secretary of State by this Act shall be exercisable by statutory instrument.
(2)Any statutory instrument made in the exercise of any power to make regulations conferred by this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Any power conferred by this Act to make orders shall include a power, exercisable in the like manner and subject to the same conditions, to vary or revoke any such order.
Textual Amendments
F25Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c)(d), Sch. 5 para. 63, Sch. 6
There shall be defrayed out of moneys provided by Parliament—
(a)any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and
(b)any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
(1)The Secretary of State shall have power, by an order made in the like manner and subject to the like provisions as a rate support grant order, to vary the provisions of any rate support grant order made before the commencement of this Act for a grant period ending after the commencement of this Act.
(2)Any order made by virtue of this section may be made for all or any of the years comprised in the said rate support grant period, as may be specified in the order, and in respect of the year or years so specified shall increase the annual aggregate amount of the rate support grants to such extent as may appear to the Secretary of State to be appropriate having regard to any additional expenditure incurred or likely to be incurred by councils of counties or of large burghs in consequence of the passing of this Act.
(3)The provisions of this section shall have effect without prejudice to the exercise of any power conferred by section 4 of the M8Local Government (Scotland) Act 1966 (which confers power to vary rate support grant orders in consequence of unforeseen increases in the level of prices, costs or remuneration).
(4)In this section the expressions “rate support grant order” and “grant period” have the meanings respectively assigned to them by subsection (1) and subsection (3) of section 3 of the M9Local Government (Scotland) Act 1966.
The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under–
(a)Part II of this Act; and
(b)sections 7 and 8 of the Mental Health (Scotland) Act M101984,
in relation to persons suffering from mental illness.]
Textual Amendments
F26S. 92A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 58
Marginal Citations
M101984 c. 36(85).
The transitional provisions set out in Schedule 7 to this Act shall have effect for the purposes of the transition to the provisions of this Act from the law in force before the commencement of this Act.
(1)In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—
“approved school” means a school approved by the Secretary of State under section 79 of the M11Children and Young Persons Act 1933,
“approved school order” has the meaning assigned to it by section 107(1) of the M12Children and Young Persons Act 1933,
“children’s panel” and “children’s hearing” have the meanings respectively assigned to them by sections 33(1) and 34(1) of this Act,
“compulsory measures of care” means, in relation to a child, such measure of care as may be imposed upon him by a children’s hearing,
“constable” means a constable of a police force within the meaning of the M13Police (Scotland) Act 1967,
“contributor” and “contribution order” have the meanings respectively assigned to them by sections 78 and 80 of this Act,
[F27“domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;]
“establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides non-residential accommodation for the purposes of this Act, whether for reward or not,
“functions” shall include powers and duties,
“guardian” means a person appointed by deed or will or by order of a court of competent jurisdiction to be [F28the F29. . . guardian,] of a child, or in relation to a child includes any person who, in the opinion of the court or children’s hearing having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the [F28custody or charge] of or control over the child,
“hospital” means—
(a)any hospital vested in the Secretary of State under the M14National Health Service (Scotland) Act [F301978],
[F31(aa)any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978;]
(b)any private hospital registered under the [F32Mental Health (Scotland) Act 1984], and
(c)any State hospital, within the meaning of [F32Part VIII of the said Act of 1984],
“local authority”, in relation to Scotland, has the meaning assigned to it by section 1(2) of this Act,
“maintainable child” has the meaning assigned to it by section 78 of this Act,
“mental disorder” has the meaning assigned to it by [F33section 1(2) of the Mental Health (Scotland) Act 1984],
“mental health officer” means an officer of a local authority appointed to act as a mental health officer for the purposes of the [F34said Act of 1984],
“parent” means either or both parents and,—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
(b)in relation to a child who is illegitimate, means his mother to the exclusion of his father,
“performance”, in relation to functions, includes the exercise of powers as well as the performance of duties, and “perform” shall be construed accordingly,
“persons in need” means persons who,
(a)are in need of care and attention arising out of infirmity, youth or age; or
(b)suffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
(d)being persons prescribed by the Secretary of State who have asked for assistance, are, in the opinion of a local authority, persons to whom the authority may appropriately make available the services and facilities provided by them under this Act,
“place of safety” means any residential or other establishment provided by a local authority, a police station, or any hospital, surgery or other suitable place, the occupier of which is willing temporarily to receive a child,
[F37“prescribed” means—
(a)in [F38sections 3 and 36,] prescribed by regulations,
(b)in section 44, prescribed by rules, and
(c)in sections [F3927A, 27B,] 62(2), [F4064A(3),] 66(1) and (2), 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order,
[F41and “prescribe” shall be construed accordingly.]]
“probation order”, in relation to an order imposed by a court in England or Wales, has the meaning assigned to it by [F42section 2 of the M15Powers of Criminal Courts Act 1973], and in relation to such an order, imposed by a court in Northern Ireland, has the same meaning as in the M16Probation Act (Northern Ireland) 1950,
“residential establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides residential accommodation for the purposes of this Act, whether for reward or not,
[F43“school age” shall be construed in accordance with section [F4431 of the M17Education (Scotland) Act 1980]],
“supervision order”, in relation to an order imposed by a court in England or Wales, [F45means a supervision order under the Children and Young Persons Act 1969 Act or the Children Act 1989], and in relation to an order imposed by a court in Northern Ireland has the meaning assigned to it by section 63(1)(d) of the M18Children and Young Persons Act (Northern Ireland) 1950,
“supervision requirement” has the meaning assigned to it by section 44(1) of this Act,
“training school” means a school approved by the Ministry of Home Affairs for Northern Ireland under section 106 of the M19Children and Young Persons Act (Northern Ireland) 1950,
“training school order” means an order made by a court in Northern Ireland sending a child or young person to a training school,
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority,
“welfare authority” means a welfare authority constituted under the M20Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.
(2)Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment including this Act.
(3)Without prejudice to the last foregoing subsection, any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.
Textual Amendments
F27Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(14)(a)
F28Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(6)
F29Words in s. 94(1) repealed (25. 09. 1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(2), 11(2), Sch. 2 (with s. 1(3)).
F30Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(3)
F31Para. (aa) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(14)(b)
F32Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 17(a)
F33Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 17(b)
F34Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 17(c)
F35Para. (a) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. I
F36Para (c) repealed by Housing (Homeless Persons) Act 1977 (c. 48, SIF:61), Sch.
F37Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 64(1)
F38Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 186
F39Words in s. 94(1) inserted (01. 04. 1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(7); S.I. 1991/850, art. 3 Sch.
F40 “64A(3),” inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 6(2)(a)
F41Words inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 6(2)(b)
F42Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 56(1), Sch. 5 para. 30
F43Definition substituted by Education (Scotland) Act 1976 (c. 20), Sch. 1 para. 14
F44Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 5
F45Words in s. 94(1) substituted (14. 10. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 36; S.I. 1991/1883, art. 3Sch.
Marginal Citations
(1)The enactments described in Schedule 8 to this Act shall have effect subject to the amendments therein specified, being minor amendments and amendments consequential on the foregoing provisions of this Act.
(2)The enactments described in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3)Subject to any expression in this Act to the contrary, in so far as any appointment, agreement or any provision in a regulation or order made or any notice, direction, consent, approval, warrant or certificate given under any enactment repealed by this Act or registration effected, or deemed to have been effected, proceedings instituted or other thing done under any such enactment could have been made, passed, given, granted, effected, instituted or done under a corresponding provision of this Act, it shall not be invalidated by this repeal, but shall have effect as if it had been made, passed, given, granted, effected, instituted or done to that corresponding provision and may be amended, varied, revoked or enforced accordingly, and, in the case of any legal proceedings, may be continued and appealed against as if this Act had not been passed.
Modifications etc. (not altering text)
C2The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 59A, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
(1)The following provisions of this Act shall extend to England and Wales, that is to say—
[F47section 44(1) (except head (b) and (1A)]
section 58
sections 86 and 87
Part V
[F47section 98(3) and Schedule 2 paragraphs 7 and 13]
Schedule 8
Part II of Schedule 9.
(2)The following provisions of this Act shall extend to Northern Ireland, that is to say—
Part V . . . F48
Schedule 8.
(3)The following provisions of this Act shall extend to the Channel Islands, that is to say sections 69 to 71.
(4)Save as aforesaid, and except in so far as it relates to the interpretation or commencement of the provisions, this Act shall extend only to Scotland.
Textual Amendments
F47Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 65
F48Words repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I
(1)This Act (except this section) shall come into operation on such date as the Secretary of State may by order appoint.
(2)Different dates may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the date on which that provision comes into operation.
[F49(3)An order under this section may make such transitional provisions as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provision of this Act then in force as appear to the Secretary of State necessary or expedient for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of the M21Children and Young Persons Act 1969.]
Textual Amendments
F49S. 98(3) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 66
Marginal Citations
This Act may be cited as the Social Work (Scotland) Act 1968.