Social Work (Scotland) Act 1968

60 Control of residential and other establishments. S

(1) The Secretary of State may make regulations as to the conduct of residential and other establishments [F1 , including any establishments such as are mentioned in paragraphs (c) to (e) of section 61(1) of this Act,] and for securing the welfare of persons resident or accommodated in them, and, without prejudice to the generality of those regulations, they may provide—

(a) for the construction of, and the accommodation provided in, those establishments, and their equipment, maintenance and management;

(b) for the classification, treatment and control of persons resident therein or attending thereat;

[F2 (bb) for the granting of approval by the Secretary of State for the provision and use of accommodation in residential establishments as secure accommodation;]

(c) for the inspection of those establishments and the visiting of persons from time to time by visitors appointed in accordance with the regulations;

(d) for notice to be given to the Secretary of State or the local authority with which the person carrying on any such establishment is registered under any enactment of any change of the person in charge of the establishment;

(e) for requirements, in the case of children, as to the facilities which are to be given for them to receive a religious upbringing appropriate to the persuasion to which they belong;

[F3 (ee) for prescribing the minimum age below which a child’s liberty shall not be restricted in secure accommodation except with the Secretary of State’s consent;]

(f) for making available in any of those establishments any service authorised by the National Health Service (Scotland) Act [F4 1978];

and may contain different provisions for different classes of establishments [F5 different classes of accommodation in residental and other establishments] and different categories of persons.

(2) In the foregoing subsection, the expression “treatment” includes training, education and occupation, but does not include medical treatment.

(3) Where any regulation made in pursuance of this section provides that this subsection shall have effect in relation to the regulation, any person who contravenes or fails to comply with the regulation or any requirement or direction under it shall be liable on summary conviction to a fine not exceeding [F6 level 4 on the standard scale].

Textual Amendments

F1 Words in s. 60(1) inserted (9.7.1998) by 1998 c. 25, s. 1(2)

F2 S. 60(1)(bb) inserted (30.1.1984) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 8(3)(a)

F3 S. 60(1)(ee) inserted (30.1.1984) by Health and Social Services and Social Security Adjudicatious Act 1983 (c. 41, SIF 113:3), s. 8(3)(b)

F4 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(1)

F5 Words inserted (30.1.1984) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 8(3)(c)

F6 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289C(1), Sch. 7C (as inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 63(1), Sch. 11 paras. 5, 13) and s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 6(5) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine of £10 for a first offence and £50 for a second or subsequent offence