Social Work (Scotland) Act 1968

5 Powers of Secretary of State.S

(1)Local authorities shall perform their functions under this Act under the general guidance of the Secretary of State.

[F1(1A)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 [F2subsection (1B) below]; and a local authority shall comply with any direction made under this subsection.]

[F3(1B)The enactments referred to in subsection (1A) above are—

(a)this Act as read with sections 1 and 2(1) of the M1Chronically Sick and Disabled Persons Act 1970 and the M2Disabled Persons (Services, Consultation and Representation) Act 1986;

(b)Part IV of the M3Children and Young Persons (Scotland) Act 1937;

(c)section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the M4National Assistance Act 1948;

(d)the Disabled Persons (Employment) Act 1958;

(e)sections 10 to 12 of the M5Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the M6Guardianship Act 1973;

[F4(f)section 51 of the Criminal Procedure (Scotland) Act 1995;]

(g)the Children Act 1975;

(h)the Adoption Act 1976;

(i)the Adoption (Scotland) Act 1978;

(j)sections 21 to 23 of the M7Health and Social Services and Social Security Adjudications Act 1983;

(k)the Mental Health (Scotland) Act 1984;

(l)the Foster Children (Scotland) Act 1984;

(m)sections 38(b) and 235 of the M8Housing (Scotland) Act 1987;

(n)the Access to Personal Files Act 1987; and

(o)section 19 and Part X of the M9Children Act 1989.]

[F5(2)The Secretary of State may make regulations in relation to—

(a)the performance of the functions assigned to local authorities by this Act;

(b)the activities of voluntary organisations in so far as those activities are concerned with the like purposes;

[F6(c)the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) and (o) of subsection (1B) above]

(d) . . ..]

(3)Without prejudice to the generality of the foregoing subsection, regulations under this section may make provision for the boarding-out of persons by local authorities and voluntary organisations, whether under any enactment or otherwise, and may provide—

(a)for the recording by local authorities and voluntary organisations of information relating to persons with whom persons are boarded out as aforesaid, and to persons who are willing to have persons boarded out with them;

(b)for securing that persons shall not be boarded out in any household unless that household is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations;

(c)in the case of a child, for securing that, where possible, the person with whom any child is to be boarded out is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that religious persuasion;

(d)for securing that persons boarded out as aforesaid, and the places in which they are boarded out, shall be supervised and inspected by a local authority or voluntary organisation, as the case may be, and that those persons shall be removed from those places if their welfare appears to require it.

Textual Amendments

F4S. 5(1B)(f) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(2)

Marginal Citations