Social Work (Scotland) Act 1968

86 Adjustments between authority providing accommodation etc., and authority of area of residence. E+W+S

(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, [F1 or]

[F1 (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 [F2 forming part of the hospital and specialist services] provided under [F3 sections 2 and 3 of the M1 National Health Service Act 1977] or [F4 Part II of the M2 National Health Service (Scotland) Act 1978][F5 or 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 F6 . . . the M3 Children and Young Persons (Scotland) Act 1937 by a local authority or education authority [F7 or placed with local authority foster parents under the Children Act 1989] shall be disregarded.

Textual Amendments

F1 S. 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)

F2 Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II

F3 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 48

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

F5 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(12)

F6 Words 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)

F7 Words 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

M1 1977 c. 49.

M2 1978 c. 29.

M3 1937 c. 37.