Part IIS Promotion of Social Welfare by Local Authorities

Modifications etc. (not altering text)

C1Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5)

Supervision and care of persons put on probation or released from prisons etc.S

[F127 Supervision and care of persons put on probation or released from prisons etc.S

(1)It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—

(a)making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case

(b)the supervision of, and the provision of advice, guidance and assistance for—

(i)persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and

(ii)persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment.

[F2and(iii)without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community service order under the M1Community Service by Offenders (Scotland) Act 1978 or a probation order which includes a requirement that the offender shall perform unpaid work][F3; and]

F3[(iv)without prejudice to paragraphs (i) to (iii) above, persons in their area who are subject to supervised attendance orders under section 62 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.] [F4; and]

[F4(c)the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.]

(2)For the purposes of the foregoing subsection every local authority shall, after consultation with the sheriffs having jurisdiction in their area, prepare a scheme (hereinafter referred to as a [F5probation, community service and supervised attendance scheme]) and submit it by such date, as he may require, to the Secretary of State for his approval.

(3)A [F5probation, community service and supervised attendance scheme] shall make provision with regard to the following matters—

(a)the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;

[F6(aa) the matters to be included in such a report;]

(b)arrangements for the attendance of officers of the local authority at the court;

(c)arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to the social work committee and to any sub-committee thereof;

(d)arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and

(e)such other matters as the local authority considers relevant to the service to be provided.

(4)The Secretary of State may approve a [F5probation, community service and supervised attendance scheme] with or without modifications.

(5)A local authority may apply to the Secretary of State for the revision of a [F5probation, community service and supervised attendance scheme] and, if the Secretary of State so requires, shall prepare and submit to the Secretary of State for his approval a revised scheme or a modification of an existing scheme.

(6)Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.

(7)Section 11 of and Schedule 3 to the M2Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.]

Textual Amendments

F1 Word and s. 27(1)(b)(iii) added by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), Sch. 2 para. 1(a)

F2Word and s. 27(1)(b)(iii) added by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), Sch. 2 para. 1(a)

F3S. 27(1)(b)(iv) and the word “; and” immediately preceding it inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(a); S.I. 1991/850, art. 3,Schedule

F4S. 27(1)(c) and the word “; and” immediately preceding it added (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(a); S.I. 1991/850, art. 3,Schedule

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, 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.

Marginal Citations