Social Work (Scotland) Act 1968

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 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 county councils and the councils of large burghs within the meaning of the [1947 c. 43.] Local Government (Scotland) Act 1947; and any small burgh within the meaning of that Act shall, for the purposes of this Act, be deemed to be included in the county in which it is situated.

(3) Any reference in this Act to a county or to the council thereof shall be construed, in relation to counties combined for the purposes mentioned in section 118(1) of the said Act of 1947, as a reference to the combined county or the joint county council.

(4) The functions of local health authorities in respect of their areas under the following enactments—

(a) the [1948 c. 53.] Nurseries and Child-Minders Regulation Act 1948;

(b) the [1960 c. 61.] Mental Health (Scotland) Act 1960 (other than their functions under section 7(1) thereof so far as relating to the ascertainment of mental deficiency); and

(c) section 27 of the [1947 c. 28.] National Health Service (Scotland) Act 1947 (care and after-care of persons who are or have been suffering from illness), other than functions relating to medical, dental or nursing care, or to health visiting,

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) Before any two or more local authorities exercise their power to combine by virtue of section 119 of the [1947 c. 43.] Local Government (Scotland) Act 1947 for any of the purposes of this Act they shall consult with the Secretary of State.