(1)In Scotland the Secretary of State may cause an inquiry to be held into any matter relating to—
(a)the functions of a local authority under the M1Social Work (Scotland) Act 1968 in so far as the matter relates to children;
(b)the functions of a local authority under the enactments specified in F1. . . paragraphs (b) to (e) and (h) [F2to k] of section 2(2) of the M2Social Work (Scotland) Act 1968;
(c)the functions of an adoption society;
(d)the functions of a voluntary organisation in so far as those functions relate to establishments to which sections 61 to 68 of the M3Social Work (Scotland) Act 1968 apply and in so far as the matter relates to children; or
(e)the detention of a child under—
(i)section 57 or 58A of the M4Children and Young Persons (Scotland) Act 1937; or
(ii)section 206 or 413 of the M5Criminal Procedure (Scotland) Act 1975.
(2)The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given, the person holding the inquiry may if he thinks fit hold it or any part of it in private.
(3)Subsections (2) to (8) of section 210 of the M6Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
(4)In this section “functions” includes powers and duties exercisable otherwise than by virtue of any enactment.
Textual Amendments
F1Words in s. 99(1)(b) repealed (10.12.1992) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66, Sch. 9 para. 16, Sch. 10; S.I. 1992/2975, art.2
F2Words in s. 99(1)(b) inserted (10.12.1992) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66, Sch. 9 para. 16; S.I. 1992/2975, art.2
Marginal Citations
M11968 c. 49(81:3).
M21968 c. 49(81:3).
M31968 c. 49(81:3).
M41937 c. 37(20).
M51975 c. 21(39:1).
M61973 c. 65(81:2).