PART 5

PROVISIONS COMMON TO COMMISSION AND COUNCIL

Grants and guarantees

Grants
60
1
The Scottish Ministers may make grants to ... the Council towards expenses incurred, or to be incurred, by it in connection with—
a
the initial establishment of the Council; and
b
the discharge by the Council of its functions.
2
Any grant made under subsection (1) above may be made on such terms and subject to such conditions (including conditions as to repayment) as the Scottish Ministers think fit; and the Scottish Ministers may from time to time after the grant is made vary such terms and conditions.

Guarantees
61
1
The Scottish Ministers may guarantee, in such manner and on such conditions as they think fit, the discharge of any financial obligation in connection with any sum which ... the Council borrows from any person.
2
Where the Scottish Ministers give a guarantee under this section they shall forthwith lay a statement of the guarantee before the Parliament.
3
Where any sum is paid out in fulfilment of a guarantee under this section, the Scottish Ministers shall, as soon as reasonably practicable after the end of each financial year (beginning with that in which the sum is paid out and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged), lay before the Parliament a statement relating to that sum.
4
Where any sum is paid out in fulfilment of a guarantee under this section, ... the Council, shall make to the Scottish Ministers, at such times and in such manner as they may from time to time direct—
a
payments of such amounts as they may so direct in or towards repayment of the sum so paid out; and
b
payment of interest, at such rate as they may so direct, on what is outstanding for the time being in respect of that sum.

Duty to consult

Duty of Commission and Council to consult each other
62
The ... Council shall ..., in the exercise of its functions, consult Social Care and Social Work Improvement Scotland in every case in which it appears to the Council appropriate that there should be such consultation.

Guidance as to consultation
63
The Scottish Ministers shall issue guidelines to ... the Council as to the fulfilment, by the Council, of any requirement under this Act to consult any person or group of persons.

Complaints, inquiries and maladministration

Complaints procedure
64
1
The Council shall establish a procedure by which a person, or someone acting on a person’s behalf, may make complaints (or other representations) in relation to the exercise by the Council of, or failure by it to exercise, any of its functions under this Act in respect of the person.
2
Before establishing a procedure under subsection (1) above, the Council shall consult the Scottish Public Services Ombudsman on its proposals for such a procedure ....
3
The Council shall keep the procedure so established by it under review and shall vary that procedure whenever, after such consultation, it considers it appropriate to do so.
4
The Council shall give such publicity to that procedure (including that procedure as varied under subsection (3) above) as it considers appropriate and shall give a copy of the procedure to any person who requests it.

Inquiries
65
1
The Scottish Ministers may cause an inquiry to be held into any matter connected with—
a
the exercise ... by the Council of its functions; or
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The Council may cause an inquiry to be held into any matter connected with the exercise of its functions.
4
Before there is commenced an inquiry—
a
under subsection (1) above, the Scottish Ministers;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
under subsection (3) above, the Council,
may direct that it be held in private; but where no such direction has been given the person holding the inquiry may if that person thinks fit hold it, or any part of it, in private.
5
Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c.65) (provisions relating to local inquiries) shall apply in relation to an inquiry under subsection (1) above as they apply in relation to a local inquiry under that section.
6
Subsections (2) to (6) of that section shall apply in relation to an inquiry under subsection ... (3) above as they apply in relation to such a local inquiry; except that, for the purposes of an inquiry under—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
subsection (3) above, any such reference in those subsections shall be construed as a reference to the Council or, as the case may be, to an officer of the Council.
7
The expenses incurred ... by the Council in relation to an inquiry under subsection (3) above (including such reasonable sum as the Council may determine for the services of any of its officers engaged in the inquiry) shall, unless the Council is of the opinion that those expenses should be defrayed in whole or in part by it, be paid by such party to the inquiry as it may direct; and the Council may certify the amount of the expenses so incurred.
8
Any sum certified under subsection (7) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.
9
In relation to an inquiry under—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
subsection (3) above, the Council,
may make an award as to the expenses of the parties and as to the parties by whom such expenses shall be paid.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
S. 66 repealed (23.10.2002) by 2002 asp 11, s. 25, Sch. 6 para. 24; S.S.I. 2002/467, art. 2
Words in s. 64(2) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 11(a)(i); S.S.I. 2010/221, art. 3(2), sch.
Words in s. 64(2) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 11(a)(ii); S.S.I. 2010/221, art. 3(2), sch.
Words in s. 64(3) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 15 para. 11(b); S.S.I. 2010/221, art. 3(2), sch.
Words in s. 60(1) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 60(1)(a) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 60(1)(b) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 5(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 61(1) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 6(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 61(4) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 6(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 62 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 62 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 62 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 62 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 7(d); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 63 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 8(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 63 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 8(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 64(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(a)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 64(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(a)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 64(2) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 64(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 64(4) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 9(d); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 65(1)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(a)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
S. 65(1)(b) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(a)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
S. 65(2) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
S. 65(4)(b) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(c); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 65(6) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(d)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
S. 65(6)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(d)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 65(7) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(i); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(ii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(iii); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Words in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(iv); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
Word in s. 65(7) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(e)(v); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.
S. 65(9)(a) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 10(f); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.