Social Work (Scotland) Act 1968
1968 c. 49
An Act to make further provision for promoting social welfare in Scotland; to consolidate with amendments certain enactments relating to the care and protection of children; to amend the law relating to the supervision and care of persons put on probation or released from prison etc.; to restrict the prosecution of children for offences; to establish children’s panels to provide children’s hearings in the case of children requiring compulsory measures of care; and for purposes connected with the aforesaid matters.
By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
Act: power to modify conferred (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 33(5)(a) (with ss. 99, 103(1)); S.I. 1996/3201, art. 3(1)(7) (which art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))
Act: power to modify conferred (S.) (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. {5(2)}, 27(2)
Part I Administration
Performance of their duties by local authorities
1 Local authorities for the administration of the Act.
1
It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act F1or Part II of the Children (Scotland) Act 1995 with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.
2
The local authorities for the purposes of this Act shall be F2councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
4
The functions of local health authorities in respect of their areas under the following enactments—
a F4
. . .
F7c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are hereby transferred to the local authorities of those areas.
5
On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93F9Chief social work officer.
1
For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.
2
The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.
4 Provisions relating to performance of functions by local authorities.
Where a function is assigned to a local authority under this Act F10or F383section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)F11 or Part II of the Children (Scotland) Act 1995, and a voluntary organisation or other person, including another local authority, is able to assist in the performance of that function, the local authority may make arrangements with such an organisation or other person for the provision of such assistance as aforesaid.
Central Authority
5 Powers of Secretary of State.
1
Local authorities shall perform their functions under this Act F12and Part II of the Children (Scotland) Act 1995under the general guidance of the Secretary of State.
F131A
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 F14subsection (1B) below; and a local authority shall comply with any direction made under this subsection.
F151B
The enactments referred to in subsection (1A) above are—
a
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
F16f
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;
F384k
the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
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; F17. . .
o
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
p
Part II of the Children (Scotland) Act 1995.
F192
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;
F20c
the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) F21, (o) and (p)of subsection (1B) above
d
. . ..
F223
Without prejudice to the generality of subsection (2) above, regulations under this section may make such provision as is mentioned in subsection (4) of this section as regards—
a
the boarding out of persons other than children by local authorities and voluntary organisations, whether under any enactment or otherwise; and
b
the placing of children under paragraph (a), or the making of arrangements in respect of children under paragraph (c), of section 26(1) of the Children (Scotland) Act 1995, by local authorities.
4
The provision referred to in subsection (3) of this section is—
a
for the recording—
i
by local authorities and voluntary organisations, of information relating to those with whom persons are so boarded out, or who are willing to have persons so boarded out with them; and
ii
by local authorities, of information relating to those with whom children are so placed or with whom such arrangements are made or who are willing to have children so placed with them or to enter into such arrangements;
b
for securing that—
i
persons are not so boarded out in any household unless it is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations; and
ii
children are not so placed or, in accordance with such arrangements, provided with accommodation, in any household unless it is for the time being approved by the local authority placing the child or as the case may be making the arrangements;
c
for securing that, where possible, the person with whom a child is so placed or with whom such arrangements are made is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that persuasion;
d
for securing—
i
that a person who is, and the place in which he is, so boarded out by a local authority or voluntary organisation is supervised and inspected by that authority or organisation; and
ii
that a child who is, and the place in which he is, so placed or, in accordance with such arrangements, provided with accommodation, by a local authority is supervised and inspected by that authority,
and that he shall be removed from the place in question if his welfare appears to require it.
5
In subsections (3) and (4) of this section, “ child ” has the same meaning as in Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995.
5AF23 Local authority plans for community care services.
1
Within such period after the day appointed for the coming into force of this section as the Secretary of State may direct, and in accordance with the provisions of this section, each local authority shall prepare and publish a plan for the provision of community care services in their area.
2
Each local authority shall from time to time review any plan prepared by them under subsection (1) above, and shall, in the light of any such review, prepare and publish–
a
any modifications to the plan under review; or
b
if the case requires, a new plan.
3
In preparing any plan or carrying out any review under subsection (1) or, as the case may be, subsection (2) above the authority shall consult—
a
any Health Board providing services under the National Health Service (Scotland) Act M91978 in the area of the authority;
F24b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
such voluntary organisations as appear to the authority to represent the interests of persons who use or are likely to use any community care services within the area of the authority or the interests of private carers who, within that area, provide care to persons for whom, in the exercise of their functions under this Act or any of the enactments mentioned in F255(1B) of this Act, the local authority have a power or a duty to provide, or to secure the provision of, a service;
d
such voluntary housing agencies and other bodies as appear to the authority to provide housing or community care services in their area; and
e
such other persons as the Secretary of State may direct.
4
In this section–
“ community care services ” means services, other than services for children, which a local authority are under a duty or have a power to provide, or to secure the provision of, under Part II of this Act or F385section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); and
“ private carer ” means a person who is not employed to provide the care in question by any body in the exercise of its functions under any enactment.
5B Complaints procedure.
1
Subject to the provisions of this section, the Secretary of State may by order require local authorities to establish a procedure whereby a person, or anyone acting on his behalf, may make representations (including complaints) in relation to the authority’s discharge of, or failure to discharge, any of their functions under this Act, or any of the enactments F26mentioned in section 5(1B) of this Act, in respect of that person.
2
For the purposes of subsection (1) of this section, “person” means any person for whom the local authority have a power or a duty to provide, or to secure the provision of, a service, and whose need or possible need for such a service has (by whatever means) come to the attention of the authority.
3
An order under subsection (1) of this section may be commenced at different times in respect of such different classes of person as may be specified in the order.
4
In relation to a child, representations may be made by virtue of subsection (1) above by the child, or on his behalf by—
a
his parent;
b
any person having parental F27responsibilities and parental rights (within the meaning of section 1(3) and section 2(4) respectively of the Children (Scotland) Act 1995) in relation to him;
c
any local authority foster parent; or
d
any other person appearing to the authority to have a sufficient interest in the child’s wellbeing to warrant his making representations on the child’s behalf.
5
In this section–
“child” means a child under the age of 18 years; F28. . .
6
A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) of this section and as to the taking of such action as may be necessary in consequence of such representations.
7
Every local authority shall give such publicity to the procedure established under this section as they consider appropriate.
F3996 Supervision of establishments providing accommodation for persons and inspection of records etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6AF29 Inquiries.
F301
Without prejudice to section 6B(1) of this Act, the Secretary of State may cause an inquiry to be held into—
a
the functions of a local authority under this Act or any of the enactments mentioned in section 5(1B) of this Act;
b
the functions of an adoption society, within the meaning of section 65 of the M10Adoption (Scotland) Act 1978;
c
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the detention of a child under—
i
section 57 of the M11Children and Young Persons (Scotland) Act 1937; or
e
the functions of the Principal Reporter under Part III of the M13Local Government (Scotland) Act 1994, the Children (Scotland) Act 1995 or any other enactment.
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 Local Government (Scotland) Act M141973 (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.
F336B Local authority inquiries into matters affecting children.
1
Without prejudice to section 6A(1) of this Act, a local authority may cause an inquiry to be held into their functions under this Act, or any of the enactments mentioned in section 5(1B) of this Act, in so far as those functions relate to children.
2
The local authority may, before an inquiry under this section is commenced, direct that it be held in private; but where no such direction is given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
3
Subsections (2) to (6) of section 210 of the M15Local 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, so however that, for the purposes of the application, any reference in those subsections to a Minister shall be construed as a reference to the local authority and any reference to an officer of his Department as a reference to an officer of that authority.
4
The expenses incurred by a local authority in relation to an inquiry under this section (including such reasonable sum as the authority may determine for the services of any of their officers engaged in the inquiry) shall, unless the authority are of the opinion that those expenses should be defrayed in whole or in part by them, be paid by such party to the inquiry as they may direct; and the authority may certify the amount of the expenses so incurred.
5
Any sum certified under subsection (4) 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.
6
The local authority may make an award as to the expenses of the parties at the inquiry and as to the parties by whom such expenses shall be paid.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
Research, training courses and financial and other assistance
8 Research.
1
The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.
2
Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions in relation to social welfare.
3
The Secretary of State and any local authority may make financial assistance available in connection with any research which they may conduct or which they may assist other persons in conducting under the provisions of this section.
9 Training courses and grants for training in social work.
1
The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services for the purposes of this Act F35or Part II of the Children (Scotland) Act 1995.
2
The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards any fees or expenses incurred by persons undergoing training for any of the purposes of this Act F35or Part II of the Children (Scotland) Act 1995 in circumstances such that it appears to the Secretary of State requisite that the grants should be made, and may defray or contribute towards the cost of maintenance of persons undergoing such training.
3
The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by any body of persons in providing training as aforesaid.
10 Financial and other assistance to voluntary organisations etc., for social work.
1
The Secretary of State may make grants and loans of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by voluntary organisations or other persons engaged in any activity connected
a
his functions; F36with—
b
the functions of local authorities,
F391A
The Scottish Ministers may make grants and loans of such amounts, and subject to such conditions, as they may determine to a voluntary organisation engaged as is mentioned in subsection (1) above to enable that organisation (in this section referred to as the “ primary organisation ”) to make grants and loans (in this section referred to as “ secondary grants and loans ”) to other voluntary organisations, or other persons, so engaged, in circumstances where it appears to the primary organisation that the secondary grants and loans should be made; and the Scottish Ministers may require that any secondary grant be subject to such conditions (including conditions for securing the repayment in whole or in part of that grant) as they may specify.
2
The conditions on which any grants are paid F40by the Scottish Ministers under subsection (1) or (1A) above may include conditions for securing the repayment in whole or in part of such grants.
3
A local authority may make contributions by way of grant or loan to any voluntary organisation the sole or primary object of which is to promote social welfare.
F413A
In subsection (3) above, “ voluntary organisation the sole or primary object of which is to promote social welfare ” includes F369a person providing, as mentioned in section 2(11)(b) of the Regulation of Care (Scotland) Act 2001 (asp 8), an adoption service registered under Part 1 of that Act .
4
A local authority may also make available to such a voluntary organisation as aforesaid the use of premises belonging to the authority on such terms as may be agreed, and furniture, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff employed by the authority in connection with the premises or other things belonging to the local authority which the voluntary organisation is permitted to use.
5
On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under F42section 65 of the M16Health Services and Public Health Act 1968 F43and section 16B of the M17National Health Service (Scotland) Act 1978 shall cease in so far as any such assistance may be given under this section.
Acquisition of land
11 Acquisition of land.
1
A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated in or outside their area for the purposes of any of their functions under this Act F44or Part II of the Children (Scotland) Act 1995.
2
The M18Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if the last foregoing subsection had been in force immediately before the commencement of that Act.
C19Part II Promotion of Social Welfare by Local Authorities
Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5)
General
C412 General social welfare services of local authorities.
C51
It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate, and such assistance may F45, subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person..
2
A person is a relevant person for the purposes of this section if, not being less than eighteen years of age, he is in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person’s need would cause greater expense to the local authority on a later occasion.
F462A
A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
F462B
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
3
Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need.
F473A
In determining, for the purposes of this section, whether to make available assistance by providing, or securing the provision of, residential accommodation to a person, a local authority shall disregard so much of the person’s resources—
a
as may be prescribed; or
b
as is determined by them in such a way as may be prescribed,
and any order made by virtue of this subsection may make different provision for different cases and for different persons.
3B
An order made by virtue of paragraph (a) of subsection (3A) of this section may prescribe circumstances in which assistance such as is mentioned in that subsection is to be made available disregarding entirely a person’s resources.
3C
In subsections (3A) and (3B) of this section, references to a person’s resources are to resources within the meaning of the order prescribing the amount, or as the case may be the way, in question.
3D
A statutory instrument made in exercise of the power conferred by paragraph (a) or (b) of subsection (3A) of this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
4
Assistance given in kind or in cash to, or in respect of, persons under this section may be given unconditionally or subject to such conditions as to the repayment of the assistance, or of its value, whether in whole or in part, as the local authority may consider reasonable having regard to the means of the person receiving the assistance and to the eligibility of the person for assistance from any other statutory body.
5
Nothing in the provisions of this section shall affect the performance by a local authority of their functions under any other enactment.
F486
For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.
12AF49 Duty of local authority to assess needs.
C6C71
Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority—
a
shall make an assessment of the needs of that person for those services; and
F50b
shall then decide, having regard to the results of that assessment, and taking account—
i
where it appears to them that a person (“ the carer ”) provides a substantial amount of care on a regular basis for that person, of such care as is being so provided; and
ii
in so far as it is reasonable and practicable to do so, both of the views of the person whose needs are being assessed and of the views of the carer (provided that, in either case, there is a wish, or as the case may be a capacity, to express a view),
whether the needs of the person being assessed call for the provision of any such services.
C8C92
Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner.
3
If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies—
a
of any services under the National Health Service (Scotland) Act 1978 by the Health Board—
i
in whose area he is ordinarily resident; or
ii
in whose area the services to be supplied by the local authority are, or are likely, to be provided; or
b
of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment,
the local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request.
3A
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3B
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3C
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall–
a
proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services Consultation and Representation) Act M191986 without his requesting them to do so under that section; and
b
inform him that they will be doing so and of his rights under that Act.
5
Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.
6
If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.
7
This section is without prejudice to section 3 of the said Act of 1986.
8
In this section—
“ community care services ” has the same meaning as in section 5A of this Act;
“ disabled person ”has the same meaning as in the said Act of 1986; and
“ medical practitioner ”means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.
F54 “ person ” means a natural person.
12AAF74 Assessment of ability to provide care
1
A person (“ the carer ”) who provides, or intends to provide, a substantial amount of care on a regular basis for another person aged eighteen or over (“ the person cared for ”) may, whether or not the carer is a child, request a local authority to make an assessment (“ the carer’s assessment ”) of the carer’s ability to provide or to continue to provide such care for that person.
2
The local authority to whom the request is made shall—
a
comply with the request where it appears to them that the person cared for is a person for whom they must or may provide, or secure the provision of, community care services; and
b
if they then or subsequently make an assessment under subsection (1)(a) of section 12A of this Act of the needs of the person cared for, have regard to the results of the carer’s assessment—
i
in the assessment of the person cared for; and
ii
in making their decision under subsection (1)(b) of that section as respects that person.
3
Subsection (1) above does not apply as respects a carer who provides, or will provide, the care in question—
a
by virtue of a contract of employment or other contract; or
b
as a volunteer for a voluntary organisation.
4
Section 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)(duty of local authority to take into account abilities of carer in deciding whether to provide certain services to disabled person) shall not apply in a case where a local authority make an assessment, by virtue of subsection (2)(a) above, in respect of a carer of a disabled person.
5
Subsections (4) to (7) of section 12A of this Act apply to a local authority making an assessment by virtue of subsection (2)(a) of this section as they apply to a local authority making an assessment under subsection (1)(a) of that section.
6
In this section, “community care services”, “disabled person” and “person” have the same meanings as in section 12A of this Act.
12AB Duty of local authority to provide information to carer
1
Where it appears to a local authority both that—
a
a person aged eighteen or over (“ the person cared for ”) is a person for whom the authority are under a duty or have a power to provide community care services; and
b
another person (“ the carer ”) provides, or intends to provide, a substantial amount of care on a regular basis for the person cared for,
the local authority shall notify the carer that he may be entitled under section 12AA of this Act to request an assessment of his ability to provide, or continue to provide, care for the person cared for.
2
In this section, “community care services” and “person” have the same meanings as in section 12A of this Act.
F55 12B F74 Direct payments in respect of community care services.
C10 1
Where, as respects F56any person—
a
a local authority
F57i
have decided under section 12A of this Act that his needs call for the provision of any service which is a community care service F58; or
ii
have a duty to provide a service to him under section 22(1) of the Children (Scotland) Act 1995 (c.36) (promotion of welfare of children in need) other than a service which comprises giving assistance in cash; and
b
the person is F59not of a description which is specified for the purposes of this subsection by regulations,
the authority F60shall, if and while (the payment having been offered by the authority) either the person consents or consent is duly given on his behalf, , make to him, in respect of his securing the provision of the service, a payment of such amount as, subject to subsection (2) below, they F61determine to be appropriate .
F621A
The amount of any payment made, under subsection (1) above, with or without first assessing the person’s ability to contribute to securing the provision of the service in question, may be determined on the supposition that he has no such ability; but this subsection is subject to subsection (5A) below.
1B
Consent is duly given as mentioned in subsection (1) above if—
a
the authority are satisfied that the person on whose behalf it is given is himself incapable of giving it; and
b
the person who gives it is of a category specified for the purposes of that subsection by regulations,
and such regulations may authorise the person so consenting to intromit with the payment and to do anything requisite to secure the provision of the service.
1C
The reference in subsections (1) to (1B) above to securing the provision of the service is to securing its provision by any person, including the authority themselves (provided that both they and the consenting person so wish) or any other local authority.
2
If—
a
an authority pay under subsection (1) above at a rate below their estimate of the reasonable cost of securing the provision of the service concerned, and
b
the person to whom the payment is made satisfies the authority that his means are insufficient for it to be reasonably practicable for him to make up the difference,
the authority shall so adjust the payment to him under that subsection as to avoid there being a greater difference than that which appears to them to be reasonably practicable for him to make up.
3
A payment under subsection (1) above shall be subject to the condition that the person to whom it is made shall not secure the provision of the service to which it relates by a person who is of a description specified for the purposes of this subsection by regulations.
4
Regulations may provide
F63 a
that the F64duty imposed by subsection (1) above shall not apply in relation to the provision of residential accommodation for any person for a period in excess of such period as may be specified in the regulations;
F65b
impose preconditions which must be fulfilled if the service concerned is, by virtue of that subsection, to be provided by the authority by whom the payment under that subsection is made and special conditions which shall apply as respects a service so provided by them;
c
specify circumstances in which the authority are not required to make payments under that subsection (whether circumstances relating to the person in question or to the service in question or to both);
d
specify circumstances in which the authority may or must terminate the making of such payments; and
e
authorise such payments to be made, on behalf of the payee, to some other person of a category specified, for the purposes of this subsection, by regulations.
5
If the authority by whom a payment under subsection (1) above is made are not satisfied, in relation to the whole or any part of the payment—
a
that it has been used to secure the provision of the service to which it relates, or
b
that the condition imposed by subsection (3) above, or any condition properly imposed by them, has been met in relation to its use,
they may require the payment or, as the case may be, the part of the payment to be repaid.
F665A
An authority who have made a determination by virtue of subsection (1A) above in respect of a payment—
a
having first assessed the recipient’s ability to contribute to securing the provision of the service in question, may; or
b
other than is mentioned in paragraph (a) above, shall thereafter make such an assessment and may,
having regard to the assessment, require from him such repayment as appears to them appropriate.
5B
If the person from whom a repayment is required under subsection (5A) above satisfies the authority that, notwithstanding the assessment to which regard was had in making the requirement, his means are insufficient for it to be reasonably practicable for him to make that repayment, the authority shall adjust the requirement so that the amount to be repaid becomes an amount which appears to them to be reasonably practicable for him to repay.
6
Regulations under this section shall be made by the Secretary of State and may—
F406za
make provision for the delegation of functions to local authorities;
a
make different provision for different cases; and
b
include such supplementary, incidental, consequential and transitional provisions and savings as the Secretary of State thinks fit.
F677
The definition of “community care F68services” in section 5A of this Act shall, with the modification mentioned in subsection (8) below, apply for the purposes of this section as that definition applies for the purposes of that section.
8
The modification is that the words “, other than services for children,” in the definition shall be disregarded.
F6912C Further provisions relating to direct payments.
1
Except as provided by subsection (2) below, the fact that a local authority make a payment under section 12B(1) of this Act shall not affect their functions with respect to the provision of the service to which the payment relates.
2
Subject to subsection (3) below, where an authority make a payment under F70subsection (1) of section 12B of this Act they shall not be under any obligation to the person to whom it is made with respect to the provision of the service to which it relates F71(except in so far as it is provided by them by virtue of that subsection) as long as they are satisfied that the need which calls for the provision of that service will be met by virtue of F72that subsection .
3
The fact that an authority make a payment under section 12B(1) of this Act shall not affect their functions under section 12 of this Act in relation to the provision, to the person to whom the payment is made, of assistance, in exceptional circumstances constituting an emergency, in cash in respect of the service to which the payment under section 12B(1) relates.
13 Power of local authorities to assist persons in need in disposal of produce of their work.
Where, by virtue of F73section 12 of this Act, a local authority make arrangements or provide or secure the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, that local authority may assist such persons in disposing of the produce of their work.
13ZAF405Provision of services to incapable adults
1
Where—
a
a local authority have decided under section 12A of this Act that an adult's needs call for the provision of a community care service; and
b
it appears to the local authority that the adult is incapable in relation to decisions about the service,
the local authority may take any steps which they consider would help the adult to benefit from the service.
2
Without prejudice to the generality of subsection (1) above, steps that may be taken by the local authority include moving the adult to residential accommodation provided in pursuance of this Part.
3
The principles set out in subsection (2) to (4) of section 1 of the 2000 Act apply in relation to any steps taken under subsection (1) above as they apply to interventions in the affairs of an adult under or in pursuance of that Act.
4
Subsection (1) does not authorise a local authority to take steps if they are aware that—
a
there is a guardian or welfare attorney with powers relating to the proposed steps;
b
an intervention order has been granted relating to the proposed steps; or
c
an application has been made (but not yet determined) for an intervention order or guardianship order under Part 6 of the 2000 Act relating to the proposed steps.
5
In this section—
a
“the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000 (asp 4);
b
“adult” has the meaning given in section 1(6) of the 2000 Act;
c
“community care service” has the meaning given in section 5A of this Act;
d
“incapable” has the meaning given in section 1(6) of the 2000 Act;
e
“intervention order” is to be construed in accordance with section 53 of the 2000 Act”;
f
the reference to a guardian includes a reference to—
i
a guardian appointed under the 2000 Act; and
ii
a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland;
g
the reference to a welfare attorney includes a reference to—
i
a welfare attorney within the meaning of section 16 of the 2000 Act; and
ii
a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.
F82 Residential accommodation with nursing.
S. 13A and crossheading inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 56; S.I. 1992/2975, art. 2(2), Sch.
13AF75C11Residential accommodation with nursing.
C121
Without prejudice to section 12 of this Act, a local authority shall
F78b
make such arrangements as they consider appropriate and adequate for the provision of
suitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability.
C13F792
F80. . . Arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person providing—
a
an independent health care service which is a private psychiatric hospital; or
b
a care home service.
2A
Expressions used in subsection (2) above have the same meanings as in the Regulation of Care (Scotland) Act 2001 (asp 8).
C143
The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act.
F814
No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
F815
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
F85 Provision of care and after-care
S. 13B and crossheading inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 56; S.I. 1990/2510, art. 2, Sch.
13BF83 Provision of care and after-care
1
Subject to subsection (2) below, a local authority may, with the approval of the Secretary of State, and shall, if and to the extent that the Secretary of State so directs, make arrangements for the purpose of the prevention of illness, the care of persons suffering from illness and the after-care of such persons.
2
The arrangements which may be made under subsection (1) above do not include arrangements in respect of medical, dental or nursing care, or health visiting.
F843
No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
F844
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
Home help
14 Home help and laundry facilities.
1
It shall be the duty of every local authority to provide on such scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate of, F86home helpF86domiciliary services for households where such F87help isF87services are required owing to the presence, or the proposed presence, of a person in need or a person who is an expectant mother or lying-in, and every such authority shall have power to provide or arrange for the provision of laundry facilities for households for which F88home help isF88domiciliary services are being, or can be, provided under this subsection.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90
C154
On the coming into operation of the provisions of this and the last two foregoing sections, the provisions of sections 13, 44 and 45 of the Health Services and Public Health Act 1968 M20 shall cease to have effect.
Special provisions as to the care of children in need
F9115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9316A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9517A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9617B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9717C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9817D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9917E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10118A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102
F10320. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10420A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10824. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10925. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11025A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supervision and care of persons put on probation or released from prisons etc.
27 Supervision and care of persons put on probation or released from prisons etc.
1
F400Subject to any order or determination under section 8 of the Management of Offenders etc. (Scotland) Act 2005 (asp 14), it shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—
a
making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case
F112aa
making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;
F113ab
making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;
F367ac
the provision of advice, guidance and assistance for persons who are in prison or subject to any other form of detention and who—
i
resided in their area immediately prior to such imprisonment or detention; or
ii
intend to reside in their area on release from such imprisonment or detention,
and who on release from such imprisonment or detention, it appears to the local authority, will be required to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;
F377ad
making available, for the purposes of parenting orders under section 13 or 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), such services as are required to enable requirements imposed by or under such orders to be carried out in respect of persons in their area;
F396ae
making available to the Scottish Ministers such background and other reports as the Scottish Ministers may request in relation to the exercise of their functions under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9);
b
the supervision of, and the provision of advice, guidance and assistance for—
i
persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and
ii
persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment.
F114and
F116iv
without prejudice to paragraphs (i) to (iii) above, persons in their area who are subject to supervised attendance orders under F117section 235 of the said Act of 1995.. . .
F118v
without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995;
F376va
without prejudice to sub-paragraph (i) above, persons in their area who are subject to community reparation orders under section 245K of the said Act of 1995;
vb
without prejudice to sub-paragraph (i) above, persons in their area who are under 16 years of age and subject to restriction of liberty orders under section 245A of the said Act of 1995;
F119vi
persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person;
F120vii
persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; F413...
F414viii
persons in their area who are subject to work orders under section 303ZA(6) of the said Act of 1995;
F121c
the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.
F3661A
A local authority may provide advice, guidance or assistance for any person who—
a
would fall to be provided for under paragraph (ac) of subsection (1) above but for the fact that it appears to the local authority that he will not be required to be under any form of supervision on release as mentioned in that paragraph; and
b
requests such advice, guidance or assistance.
1B
Where as respects any person more than one local authority is required by paragraph (ac) of subsection (1) to make such provision as is mentioned in that paragraph, they may agree between themselves that only one of them shall do so; and where there is such agreement the paragraph shall apply accordingly.
F3951C
In paragraphs (ac) and (b)(i) and (ii) of subsection (1) above, “enactment” includes an Act of the Scottish Parliament.
1D
The Scottish Ministers may by order amend subsection (1) above so as (any or all)—
a
to add to the functions for the time being described;
b
to omit any of those functions;
c
to alter any of those functions.
2
3
a
the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;
F123aa
the matters to be included in such a report;
b
arrangements for the attendance of officers of the local authority at the court;
c
arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to F124a committee or sub-committee of such authorities;
d
arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and
e
such other matters as the local authority considers relevant to the service to be provided.
4
5
F3705A
Before including in a community justice scheme which is made, revised or modified under this section provision for the purposes of subsection (1)(b)(va) F415or (viii), a local authority shall consult such persons or class or classes of person as the Scottish Ministers may by regulations prescribe.
5B
The Scottish Ministers may give local authorities directions in writing as to the content of community justice schemes; and authorities shall comply with any such directions.
5C
The power conferred by subsection (5B) above to give a direction shall include power to vary or revoke the direction.
6
Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.
C167
Section 11 of and Schedule 3 to the M21 Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.
27ZAF365Advice, guidance and assistance to persons arrested or on whom sentence deferred
1
It shall be a function of a local authority, if and to such extent as the Scottish Ministers so direct and in accordance with the direction, to provide, directly or indirectly, advice, guidance and assistance to any person (and in particular to any person who appears to the local authority to have dependency problems)—
a
who is arrested and detained in police custody in their area, but only during the period of such detention; or
b
on whom sentence is deferred under section 202(1) of the 1995 Act, but only during the period of deferment and while that person is in their area.
2
The function mentioned in subsection (1)(a) above may continue to be exercised by the local authority while the person is in their area for a period not exceeding 12 months from the date of his release from police custody.
3
In subsection (1) above, “ dependency problems ” means problems relating to a dependency on drugs, alcohol or some other substance.
27AF125 Grants in respect of community service facilities
F401F1261
The Scottish Ministers may (any or all)—
a
pay to a community justice authority, for allocation under section 3(5)(e)(i) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14) as grants to the local authorities within its area;
b
make a grant to a local authority of;
c
make a grant to a community justice authority, in respect of any function exercisable by that authority by virtue of section 8(2) or (3) of that Act of 2005, of,
such amount as the Scottish Ministers may determine in respect of expenditure incurred by, as the case may be, those local authorities, that local authority or that community justice authority, in providing a relevant service.
1A
In subsection (1) above, a “ relevant service ” means a service—
a
for the purposes mentioned in section 27(1) of this Act;
b
for enabling those local authorities, that local authority or that community justice authority to comply with the area plan prepared by the community justice authority under section 3(5)(a)(i) of that Act of 2005; or
c
for such other similar purposes as the Scottish Ministers may prescribe.
1B
Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.
2
Before exercising his power under subsection F402(1)(c) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.
F3681A
In a case where two or more local authorities are discharging any function mentioned in section 27(1) or 27ZA of this Act jointly, whether or not in accordance with arrangements made under section 56(5) of the Local Government (Scotland) Act 1973 (c. 65), the power of the Scottish Ministers to make grants under subsection (1) above in respect of expenditure incurred for the purposes mentioned in paragraph (a) of that subsection includes a power to make such grants, on such conditions as are mentioned in that subsection, to a local authority nominated by the local authorities from among their number.
27BF127 Grants in respect of hostel accommodation for persons under supervision.
F403F1281
The Scottish Ministers may (any or all)—
a
pay to a community justice authority, for allocation under section 3(5)(e)(ii) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14) as grants to the local authorities within its area;
b
make a grant to a local authority of;
c
make a grant to a community justice authority, in respect of any function exercisable by that authority by virtue of section 8(2) or (3) of that Act of 2005, of,
such amount as the Scottish Ministers may determine in respect of relevant expenditure.
1A
In subsection (1) above, “ relevant expenditure ” means expenditure incurred by, as the case may be, those local authorities or that local authority in—
a
providing; or
b
contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,
residential accommodation wholly or mainly for the persons mentioned in subsection (2) below.
1B
Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.
2
The persons referred to in F404subsection (1A) above are–
a
persons mentioned in section 27(1)(b)(i) and (ii) of this Act;
b
persons who have been charged with an offence and are on bail;
c
persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and
d
such other classes of persons as the Secretary of State may prescribe.
3
Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.
Ancillary
28 Burial or cremation of the dead. C17
1
A local authority may cause to be buried or cremated the body of any deceased person who immediately before his death was in the care of, or receiving assistance from F129or was a child being looked after by,, the authority:
Provided that the authority shall not cause the body to be cremated where cremation is not in accordance with the practice of the person’s religious persuasion.
2
An authority may recover from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death expenses incurred under subsection (1) of this section . . . F130
F1313
In subsection (1) of this section, the reference to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.
29 Power of local authority to defray expenses of parent, etc., visiting persons or attending funerals. C18
1
A local authority may make payments to any parent, relative or other person connected with F132—
a
a person, other than a child, in the care of the authority or receiving assistance from the authority; or
b
a child who is being looked after by the authority,
in respect of travelling, subsistence or other expenses incurred by the parent, relative or other person in visiting the person F133or child, if it appears to the authority that the parent, relative or other person would not otherwise be able to visit F134him without undue hardship and that the circumstances warrant the making of the payments.
2
A local authority may make the like payments and in the like circumstances to any parent, relative or other person connected with F135—
a
a person, other than a child, who had been in the care of the authority or receiving assistance from the authority; or
b
a child who had been looked after by the authority,
for the purpose of that parent, relative or other person attending the funeral of the person.
F1363
In subsections (1) and (2) above, references to a child looked after by a local authority shall be construed as is mentioned in subsection (3) of section 28 of this Act.
F176Part III C20 Children in need of Compulsory Measures of Care
Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 ((with savings in ss. 103(1), 105(3), Sch. 3 para. 8)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3))
Pt. III extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 168, 296(3), 364
F13730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 Restriction on prosecution of children for offences.
F1381
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139
3
Part IV of the M22Children and Young Persons (Scotland) Act 1937 shall have effect subject to the amendments set out in Schedule 2 to this Act.
F14032. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14334A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14536. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14636A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14838. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14939. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15040. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15747. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15848. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15949. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16050. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163
F16454. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16555. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16656. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16858. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16958A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17058B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17158C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17258D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17358E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17458F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17558G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Residential and other Establishments
Provision of residential and other establishments
59 Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.
1
F178Without prejudice to their duties underF387sections 12 and 13AF177of this Act, it shall be the duty of a local authority to provide and maintain such residential and other establishments as may be required for their functions under this Act F386sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or F179Part II of the Children (Scotland) Act 1995, or arrange for the provision of such establishments.
2
For the purpose of discharging their duty under the foregoing subsection a local authority may—
a
themselves provide such establishments as aforesaid; or
b
join with another local authority in providing those establishments; or
c
secure the provision of such establishments by voluntary organisations or other persons including other local authorities.
3
The maximum period for the repayment of sums borrowed by a local authority for the purposes of this section shall be such period not exceeding sixty years as may be sanctioned by the Secretary of State; and accordingly in Schedule 6 to the M23Local Government (Scotland) Act 1947, at the end, there shall be added the following entry, that is to say—
Section 59 of the Social Work (Scotland) Act 1968.
Such period not exceeding sixty years as may be sanctioned by the Secretary of State.
59AF180 Grants in respect of secure accommodation for children.
1
The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in—
a
providing;
b
joining with another local authority in providing; or
c
contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of
secure accommodation . . . F181
2
The conditions subject to which grants are made under subsection (1)
of this section may include conditions for securing the repayment in whole or in part of such grants.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F182
60 Control of residential and other establishments.
F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of certain residential and other establishments
61 Restriction on carrying on of establishments.
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61A Voluntary registration.
F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
62 Registration.
F186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
62A Certificate of registration as respects grant-aided or independent school.
F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63 Special provisions for registration by Secretary of State.
F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63A Appeals against conditions imposed on registration or subsequently.
F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63B Special provisions for jointly registrable establishments.
F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64 Appeals against refusal or cancellation of registration.
F191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64A Registration fees.
F192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65 Removal of persons from establishments.
F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66 Duty to furnish particulars of establishments.
F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67 Entry to examine state and management of establishments etc.
F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68 Visiting of persons in establishments on behalf of local authorities.
F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197Part V
Pt. V (ss. 69-77) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3))
Absence without leave
69 Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement.
1
If a child—
a
absconds from a place of safety in which he has been detained by virtue of this Act, or
b
absconds from the control of a person under which he has been placed by a supervision requirement or by virtue of rules made by the Secretary of State under section 45 of this Act,
he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands F320; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.
2
A child arrested in pursuance of this section shall be brought back—
a
in a case falling within paragraph (a) of subsection (1), to the place of safety,
b
in a case falling within paragraph (b) of that subsection, to the person under whose control he has been placed.
3
If, in the case of a child required to be brought back in pursuance of the last foregoing subsection—
a
the occupier of the place of safety, or
b
the person under whose control he has been placed,
is unwilling or unable to receive him, the child shall be detained in a place of safety until the F321Principal Reporter has considered, in pursuance of section 37 of this Act, whether the child may be in need of compulsory measures of care, or as the case may be, until he can be brought before a children’s hearing for the consideration of his case or for a review of the supervision requirement to which he is subject.
4
A children’s hearing arranged for the purposes of the last foregoing subsection shall meet within a period of seven days from the date of the commencement of the detention of the child, and no child shall be detained under that subsection after the hearing have met or beyond that period.
F3225
In this and the next following section any reference—
a
to a child absconding includes a reference to his being unlawfully taken away;
b
to a child absconding from a place or from the control of a person includes a reference to his absconding while being taken to, or awaiting being taken to, that place or that person as the case may be.
70 Abscondment from residential establishments.
If a child who is required by a supervision requirement to reside in a residential establishment—
a
absconds from the establishment in which he resides; or
b
absconds from any hospital or other institution in which he is temporarily residing; or
c
being absent on leave from the residential establishment, either runs away from the person in whose charge he is or fails to return to the establishment at the end of his leave;
he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands and brought back—
i
in a case falling within paragraph (b) to the place from which he absconded; or
ii
where he has run away from the person mentioned in paragraph (c), to that person; or
iii
in any case, to the residential establishment F323; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.
C5371 Harbouring. C52
Any person who knowingly—
a
assists or induces or persistently attempts to induce a child so to act as to be liable to be brought back in pursuance of either of the two last foregoing sections, or
b
harbours or conceals a child so liable or prevents him from returning to a place or person mentioned in either of those sections,
shall be liable on summary conviction to a fine not exceeding F324level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
Transfer
72 Supervision of children moving to England or Wales or Northern Ireland.
1
Where a children’s hearing are satisfied that a child in respect of whom a supervision requirement under section 44(1)(a) of this Act is in force proposes to reside or is residing in England or Wales or in Northern Ireland they may either—
a
discharge the supervision requirement; or
b
send notification of the requirement
F325i
in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);
ii
in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).
in which the child proposes to reside or is residing.
F3261A
F327A youth courtto which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 F32812A, 12AA, 12B or 12Cof the M57Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made; and in relation to a supervision order made by virtue of this subsection—
F329a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
b
section 17 of that Act shall have effect as if in paragraph (a) the references to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.
F3302
A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement—
a
if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;
b
if he is over the age of fourteen years, a probation order; or
c
in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.
2A
An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.
2B
Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.
3
Where a case is disposed of by a F331 youth court or, as the case may bejuvenile court in pursuance of this section in respect of a child subject to a supervision requirement, the requirement shall cease to have effect.
F3324
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Supervision of children moving to Scotland.
C541
Where a juvenile court in England or Wales or in Northern Ireland is satisfied that a child in respect of whom a probation order or a supervision order is in force proposes to reside or is residing in Scotland, the court may either—
a
discharge the probation order or supervision order; or
b
send notification of that order to the F333Principal Reporter
and on the receipt of such a notification it shall be the duty of the F334Principal Reporter
F335i
in the case of a supervision order made by virtue of F336sections 189(4) and 390(4) of the M58Criminal Procedure (Scotland) Act 1975 to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the F334Principal Reporter has received by virtue of section 76 of this Act;
ii
in any other case.
to arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.
F337In this subsection “the appropriate court” means the sheriff having jurisdiction in the area in which the child proposes to reside or is residing or, where the original probation order was imposed by the High Court of Justiciary, that Court.
F3381A
Where a court in England or Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the M59Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales); and where the court makes a supervision order by virtue of this subsection—
a
the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting;
b
the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act; and
c
the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the F334Principal Reporter shall apply accordingly.
2
3
When a children’s hearing have disposed of a case referred to them under this section the probation order or the supervision order in respect of the child shall cease to have effect.
74 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland.
1
Where a children’s hearing are satisfied that the parent of a child who is required to reside in a residential establishment under a supervision requirement made under section 44(1)(b) of this Act proposes to reside or is residing in England or Wales or in Northern Ireland they shall review the requirement, and on such review they may as they think proper—
a
discharge the supervision requirement;
b
continue the supervision requirement;
c
vary the supervision requirement by making a supervision requirement under subsection (1)(a) of the said section 44 and send notification of that requirement in accordance with section 72(1)(b) of this Act; or
d
make a report on the case to the Secretary of State with a recommendation for the transfer of the child in accordance with the following provisions of this section.
2
If the Secretary of State is for any reason unable to accept a recommendation for the transfer of a child made under paragraph (d) of subsection (1) of this section, he may refer the matter back to the children’s hearing for their reconsideration of the case, or himself discharge the supervision requirement.
3
Where such a recommendation is made and is not dealt with under subsection (2) of this section, the Secretary of State may make an order transferring the child to the care of the managers of a school . . . F341 in Northern Ireland, being . . . F341, a training school within the meaning of the M60Children and Young Persons Act (Northern Ireland) 1950 or, . . . F341, committing him to the care of the local authority or, as the case may be, of the welfare authority in whose area the parent of the child proposes to reside or is residing.
4
The provisions of . . . F341 the said Act of 1950 shall apply to any order under this section transferring a child to the care of the managers of . . . F341 a training school as if it were . . . F341 a training school order made by a court on the date on which the supervision requirement was originally made under section 44 of this Act in respect of the child:
Provided that—
a
b
the contributions to be made in respect of him under . . . F341 section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.
F3425
An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.
F3436
An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the F344Children Act 1989, but as if section 31(8) were omitted.
75 Parent of a child subject to an approved school order or a committal order moving to Scotland.
1
Where . . . F345F346the Secretary of State is satisfied that the parent of a child who is subject to an . . . F345 training school order F347or an order under section 74(3) of this Act relating to a training school proposes to reside or is residing in Scotland, he may refer the case to the F348Principal Reporter and if the case is so referred the F349Principal Reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.
C552
Where a child has been committed to the care of a local authority in England or Wales F350by a care order (other than an interim order) within the meaning of the F351Children Act 1989 or an order under section 74(3) of this Act, or committed to the care of F352an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order underF353the said section 74(3) and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the F349Principal Reporter shall arrange a children’s hearing accordingly.
3
Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . F345 training school order F354or order under the said section 74(3) relating to a training school or, as the case may be, of the order committing the child to the care of the local or F355other authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.
4
When a children’s hearing have disposed of a case referred to them under this section the order F356under the said section 74(3) or of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.
76 Procedure.
1
A children’s hearing or . . . F357 court, in exercising any jurisdiction under this Part of this Act in respect of a child, may proceed in the absence of the child or his parent or both.
2
It shall be the duty of the F358Principal Reporter at any children’s hearing arranged for the purposes of section 72 of this Act and of the clerk to any . . . F357 court referring a case to F359the Principal Reporter for the purposes of section 73 of this Act to ensure that all documents relating to the case or certified copies thereof are transmitted to the . . . F357 court or, as the case may be, to the F358Principal ReporterF360to which the case stands referred.
3
Where a child is to be transferred from a residential establishment in Scotland to any place in England or Wales or in Northern Ireland under this Part of this Act, it shall be the duty of the local authority responsible for the child to ensure the transfer of the child to that place.
C564
Where a children’s hearing is arranged under this Part of this Act in respect of a child subject to an . . . F357 training school order F361or order under section 74(3) of this Act relating to a training school or committed to the care of a local authority in England or Wales F362or of an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland, it shall be the duty of the managers . . . F357 of the training school or, as the case may be, of that local F363or other authority to ensure the transfer of the child to the place notified to them by the F358Principal Reporter.
77 Meaning of child for the purposes of this Part of this Act.
1
“Child” in this Part of this Act means—
a
for the purpose of sections 69 to 71, a child within the meaning of Part III of this Act,
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F364
c
for any other purpose, a person under eighteen.
2
“Parent” in this Part of this Act includes a guardian.
Part VI Contributions in respect of Children in Care etc.
78 Duty to make contributions in respect of children in care etc.C21
1
Where a child F198is being looked after by a local authority or a supervision requirement to which this Part of this Act applies has been made in respect of him, contributions in respect of the child (hereinafter in this Part of this Act referred to as the “maintainable child”) shall be payable—
a
while the maintainable child is under sixteen years of age, by F199any natural person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him;
b
if he is over sixteen years of age . . . F200, by the maintainable child himself.
F2012
This Part of this Act applies to any supervision requirement which, under paragraph (a) of section 70(3) of the Children (Scotland) Act 1995, requires the child concerned to reside in a place or places other than his own home.
F2022A
3
In this Part of this Act “contributor” means a person liable to make contributions by virtue of subsection (1) of this section in respect of a maintainable child.
78AF205 Recovery of contributions.
1
Section 87 of this Act (charges for services and accommodation)
shall not apply to the provision of services (including accommodation) under this Act in respect of maintainable children, and the provisions of this section shall apply thereto.
2
A local authority providing such services may recover from a contributor a contribution (if any) of such amount as is reasonable and, subject to that, may recover—
a
a standard contribution determined by them in respect of maintainable children who are F206looked after by them; or
b
such other contribution as they consider reasonable in the circumstances.
79 Recipients of contributions.
1
Subject to the provisions of the following subsection, contributions payable under the last foregoing section shall be payable to the local authority within whose area the contributor is residing, and shall, in the case of contributions paid in respect of a maintainable child F207looked after by a local authority, other than the authority to whom the contributions are payable as aforesaid, be paid over by the last-mentioned authority to that other authority, but subject to such deductions in respect of services rendered by the local authority to whom the contributions were payable as may be agreed between the authorities concerned or as, in default of agreement, may be determined by the Secretary of State.
2
Where a contributor is for the time being residing in England or Wales or Northern Ireland contributions payable by him under the last foregoing section shall be payable to the local authority F208looking after the child.
80 Enforcement of duty to make contributions.
1
Where a child becomes a maintainable child by virtue of being F209looked after by a local authority, any court of summary jurisdiction, having jurisdiction in the place where the contributor is for the time being residing, may, on the application of the local authority, at any time make an order on any contributor, hereinafter in this Act referred to as a contribution order, for weekly contributions in respect of the child of such amount as the court thinks proper.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F210
4
Subject to the following provisions of this section, a contribution order in respect of a maintainable child shall remain in force F211throughout the period during which he is looked after by a local authority
5
No contribution shall be payable, by virtue of a contribution order by a contributor who F212, being a natural person, has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the maintainable child, in respect of any period after the maintainable child becomes sixteen.
6
A contribution order may be revoked or varied by any court of summary jurisdiction having jurisdiction in the place where the contributor is for the time being residing and shall be enforceable in like manner as a decree for aliment.
7
Where a contributor resides in England or Wales or Northern Ireland this section shall have effect as if for any reference to a court of summary jurisdiction having jurisdiction in a place where the contributor is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority F213looking after the child.
81 Provisions as to decrees for aliment.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214
2
F215Where a decree for aliment of a maintainable child is in force, on the application of the local authority concerned, any court of summary jurisdiction having jurisdiction in the place where the F216person liable under the decree is for the time being residing may, at any time, order the payments under the decree . . . F217 to be paid to the local authority who are from time to time entitled under either of the last two foregoing sections to receive contributions in respect of the child.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218 where an order made under this section in respect to a decree for aliment is in force any sums received under the decree for aliment shall be applied in like manner as if they were contributions received under a contribution order.
4
a
In this section the local authority concerned means the local authority which may make application for a contribution order in respect of a child under the last foregoing section;
b
where the F219person liable to pay aliment for a child under a decree is resident in England or Wales or Northern Ireland, subsection (2) of this section shall have effect as if for the reference to a court of summary jurisdiction having jurisdiction in the place where F219that person is for the time being residing, there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority concerned.
82 Recovery of arrears of contributions.
1
Where, by virtue of an order or decree made under either of the last two foregoing sections, any sum is payable to a local authority, the local authority in whose area the person liable under the order or decree is for the time being residing, or, as the case may be, the local authority F220looking after the child to whom the order or decree relates, shall be entitled to receive and give a discharge for, and, if necessary, enforce payment of, any arrears accrued due under the order or decree, notwithstanding that those arrears may have accrued at a time when he was not resident in that area or, as the case may be, when the authority were not entitled to sums payable under the order or decree.
2
In any proceedings under either of the last two foregoing sections, a certificate purporting to be signed by the clerk to a local authority for the time being entitled to receive contributions, or by some other officer of the authority duly authorised in that behalf, and stating that any sum due to the authority under an order or decree is overdue and unpaid, shall be sufficient evidence of the facts stated therein.
83 Variation of trusts.
1
Where a child is by virtue of a supervision requirement removed from the care of any person and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the child, on the application of the local authority concerned any court of summary jurisdiction, having jurisdiction in the place where that person is for the time being residing, may at any time order the whole or any part of the sums so payable under the trust to be paid to the local authority, to be applied by the authority for the benefit of the child in such manner as, having regard to the terms of the trust, the court may direct.
2
Where the person in whose care a child has been residing is for the time being residing in England or Wales or Northern Ireland the foregoing subsection shall have effect as if for the reference to a court having jurisdiction in the place where that person is residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority F221looking after the child.
83AF222 References in this Part of this Act to child being looked after.
In this Part of this Act, references to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.
Part VII Miscellaneous and General
General
84 Transfer of assets and liabilities.
Where any functions are transferred to a local authority by virtue of this Act all property, rights, liabilities and obligations relating to the performance of those functions which immediately before the date of transfer were the property, rights, liabilities and obligations of the body or person from which the functions are transferred shall on that date be transferred to and vest in the local authority or, as the case may be, the local authorities to which the functions have been transferred, and the provisions of Schedule 6 to this Act shall have effect for the purposes of this section.
85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223
86 Adjustments between authority providing accommodation etc., and authority of area of residence.
1
Any expenditure which apart from this section would fall to be borne by a local authority—
a
b
in the provision under Part II of this Act F225, or under or by virtue of Part II of the said Act of 1995, 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 another local authority taking over, under section 25(4) of that Act, the provision of accommodation for him, including also any travelling or other expenses incurred in connection with the taking over), or
F409ba
in making a payment under section 12B of this Act in relation to the provision of a service for a person ordinarily so resident; 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, F226or
F388e
in the provision, for persons ordinarily so resident, of services under section 25 (care and support services for persons who have or who have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
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,F410any period during which he is provided with accommodation under this Act or under sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), any period during which he was a patient in a F411health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) 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 F227 . . . the M24Children and Young Persons (Scotland) Act 1937 by a local authority or education authority F228or placed with local authority foster parents under the Children Act 1989F229or provided with accommodation under paragraph (a) of, or by virtue of paragraph (c) of, section 26(1) of the Children (Scotland) Act 1995 shall be disregarded.
F4084
This subsection applies where a local authority (“the responsible authority”) performs a function under—
a
this Act;
b
Part II of the Children (Scotland) Act 1995 (c. 36); or
c
section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),
by making arrangements with a person (“the provider”) in terms of which the provider undertakes to accommodate, or to secure accommodation for, another person.
5
Where subsection (4) applies—
a
any expenditure incurred under the arrangements by a provider which is a local authority is recoverable from the responsible authority; and
b
any period during which the person is accommodated under the arrangements is to be disregarded in determining the person's ordinary residence for the purposes of subsection (1) of this section.
6
The Scottish Ministers may make regulations specifying circumstances in which a local authority (“the providing authority”) may recover from another local authority (“the other authority”) expenditure which the providing authority incurs in the provision of services or facilities under arrangements made with the other authority for the purpose of enabling that other authority to perform a function under—
a
this Act;
b
Part II of the Children (Scotland) Act 1995 (c. 36); or
c
section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
7
The Scottish Ministers may make regulations specifying circumstances which must be taken into account, or disregarded, when determining a person's ordinary residence for the purposes of subsection (1) of this section (and such regulations may modify subsection (2), (3) and (5)(b) of this section).
8
Regulations made under subsection (6) or (7) of this section may—
a
make different provision for different cases and for different persons;
b
include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit.
9
Despite section 90(2) of this Act, no statutory instrument containing regulations made under subsection (7) of this section which includes provisions which modify this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
10
References in subsections (4) to (6) of this section to a local authority which is providing accommodation, service or facilities include references to a local authority in England or Wales.
F23086A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 Charges that may be made for services and accommodation.
F2311
Subject to sections 78 and 78A of this Act (contributions in respect of maintainable children) and to the following provisions of this section, a local authority providing a service under this Act F232or F391section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984F391section 25 (care and support services for persons who have or have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13)
F233or under or by virtue of Part II of the Children (Scotland) Act 1995 may recover such charge (if any) for it as they consider reasonable.
1A
If a person—
a
b
satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,
the authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.
F2351B
Subsections (1) and (1A) above do not apply as respects any amount required not to be charged by subsection (1) of section 1 of the Community Care and Health (Scotland) Act 2002 (asp 5)(charging and not charging for social care) or required to be charged or not to be charged by virtue of subsection (4) of that section.
C222
Persons, other than maintainable children, for whom accommodation is provided under this Act F236or F389section 7 of the said Act of 1984F389section 25 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13), shall be required to pay for that accommodation in accordance with the subsequent provisions of this section.
C233
Subject to the following provisions of this section, accommodation provided under this Act F236orF390 section 7 of the said Act of 1984F390section 25 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13)shall be regarded as accommodation provided under Part III of the M25National Assistance Act 1948, and F237sections 22(2) to (8) and 26(2) to (4) F412as amended by F238the Schedule to the Housing (Homeless Persons) Act 1977, paragraph 2(1) of Schedule 4 to the Social Security Act 1980, section 20 of the M26Health and Social Services and Social Security Adjudications Act 1983 F239and paragraph 32 of Schedule 10 to the Social Security Act 1986)
(charges for accommodation and provision of accommodation in premises maintained by voluntary organisations) and sections 42 F240(as amended by paragraphs of Schedule 1 to the Law Reform (Parent and Child)
(Scotland) Act 1986) and 43 of the said Act of 1948 (which make provision for the mutual maintenance of wives and husbands and the maintenance of their children by recovery of assistance from persons liable for maintenance and for affiliation orders, etc. )F412(as amended by any enactment within the meaning of the Scotland Act 1998 (c. 46)) of the said Act of 1948 shall apply accordingly.
4
In the application of the said section 22, for any reference to the Minister there shall be substituted a reference to the Secretary of State, and in the application of the said section 26, any references to arrangements under a scheme for the provision of accommodation shall be construed as references to arrangements made by a local authority with a voluntary organisation F241or any other person or body for the provision of accommodation under this Act F242or F393section 7 of the said Act of 1984F393section 25 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13).
5
The Secretary of State may, with the consent of the Treasury, make regulations for modifying or adjusting the rates at which payments under this section are made, where such a course appears to him to be justified, and any such regulations may provide for the waiving of any such payment in whole or in part in such circumstances as may be specified in the regulations.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F243
F24488. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F245
90 Orders, regulations etc.
1
2
Any statutory instrument made in the exercise of any power to make regulations conferred by this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
Any power conferred by this Act to make orders shall include a power, exercisable in the like manner and subject to the same conditions, to vary or revoke any such order.
F3984
A statutory instrument containing an order under section 27(1D) or 27A(1A)(c) of this Act is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
91 Expenses.
There shall be defrayed out of moneys provided by Parliament—
a
any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and
b
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
92 Effect of Act on rate support grant.
1
The Secretary of State shall have power, by an order made in the like manner and subject to the like provisions as a rate support grant order, to vary the provisions of any rate support grant order made before the commencement of this Act for a grant period ending after the commencement of this Act.
2
Any order made by virtue of this section may be made for all or any of the years comprised in the said rate support grant period, as may be specified in the order, and in respect of the year or years so specified shall increase the annual aggregate amount of the rate support grants to such extent as may appear to the Secretary of State to be appropriate having regard to any additional expenditure incurred or likely to be incurred by councils of counties or of large burghs in consequence of the passing of this Act.
3
The provisions of this section shall have effect without prejudice to the exercise of any power conferred by section 4 of the M27Local Government (Scotland) Act 1966 (which confers power to vary rate support grant orders in consequence of unforeseen increases in the level of prices, costs or remuneration).
4
In this section the expressions “rate support grant order” and “grant period” have the meanings respectively assigned to them by subsection (1) and subsection (3) of section 3 of the M28Local Government (Scotland) Act 1966.
92AF248 Powers of the Secretary of State to make grants.
The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under–
a
Part II of this Act; and
in relation to persons suffering from mental illness.
Supplementary
93 Transitional provisions.
The transitional provisions set out in Schedule 7 to this Act shall have effect for the purposes of the transition to the provisions of this Act from the law in force before the commencement of this Act.
94 Interpretation.
1
In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—
“approved school” means a school approved by the Secretary of State under section 79 of the M30Children and Young Persons Act 1933,
“approved school order” has the meaning assigned to it by section 107(1) of the M31Children and Young Persons Act 1933,
F249. . .
F250. . .
F379...
“constable” means a constable of a police force within the meaning of the M32Police (Scotland) Act 1967,
“contributor” and “contribution order” have the meanings respectively assigned to them by sections 78 and 80 of this Act,
F251 “ domiciliary services ” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;
“establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides non-residential accommodation for the purposes of this Act F252or of Part II of the Children (Scotland) Act 1995, whether for reward or not,
“functions” shall include powers and duties,
F253. . .
F382“hospital” has the meaning assigned to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003
“local authority”, in relation to Scotland, has the meaning assigned to it by section 1(2) of this Act,
“maintainable child” has the meaning assigned to it by section 78 of this Act,
F394“mental health officer” means a person appointed under subsection (1) of section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); and includes a person deemed, by virtue of subsection (3) of that section, to be so appointed;
“mental health officer” means an officer of a local authority appointed to act as a mental health officer for the purposes of the F254said Act of 1984,
F255 “ parent ” means either parent or both parents, except that where the child was born out of wedlock and the parents have not subsequently married each other it means the natural mother but not the natural father;
“performance”, in relation to functions, includes the exercise of powers as well as the performance of duties, and “perform” shall be construed accordingly,
“persons in need” means persons who,
- a
are in need of care and attention arising out of infirmity, youth or age; or
- b
suffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or
- c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F256
- d
being persons prescribed by the Secretary of State who have asked for assistance, are, in the opinion of a local authority, persons to whom the authority may appropriately make available the services and facilities provided by them under this Act,
- a
F257. . .
F258 “ prescribed ” means—
- a
in F259section 3 prescribed by regulations,
- b
F260 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- c
in sections F26112(3A),F26227A, 27B,. . . , 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order,
F263 and “ prescribe ” shall be construed accordingly.
- a
F264 “ probation order ”—
- a
in relation to an order imposed by a court in England or Wales, means a F378community order within the meaning of Part 12 of the Criminal Justice Act 2003 ,
- b
in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the M33 Criminal Justice (Northern Ireland) Order 1996,
- a
“residential establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides residential accommodation for the purposes of this Act F265or of Part II of the Children (Scotland) Act 1995, whether for reward or not,
F266. . .,
“supervision order”, in relation to an order imposed by a court in England or Wales, F267means a supervision order under F268the Powers of Criminal Courts (Sentencing) Act 2000 Act or the Children Act 1989, and in relation to an order imposed by a court in Northern Ireland F269means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995,
“supervision requirement” has the meaning assigned to it by F270section 70(1) of the Children (Scotland) Act 1995,
F271 “ training school ” has the meaning assigned to it by section 180(1) of the Children and Young Persons Act (Northern Ireland) 1968;
“training school order” means an order made by a court in Northern Ireland sending a child or young person to a training school,
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority,
“welfare authority” means a welfare authority constituted under the M34Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.
2
Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment including this Act.
3
Without prejudice to the last foregoing subsection, any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.
95 Minor and consequential amendments, repeals and savings.
1
The enactments described in Schedule 8 to this Act shall have effect subject to the amendments therein specified, being minor amendments and amendments consequential on the foregoing provisions of this Act.
C242
The enactments described in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
3
Subject to any expression in this Act to the contrary, in so far as any appointment, agreement or any provision in a regulation or order made or any notice, direction, consent, approval, warrant or certificate given under any enactment repealed by this Act or registration effected, or deemed to have been effected, proceedings instituted or other thing done under any such enactment could have been made, passed, given, granted, effected, instituted or done under a corresponding provision of this Act, it shall not be invalidated by this repeal, but shall have effect as if it had been made, passed, given, granted, effected, instituted or done to that corresponding provision and may be amended, varied, revoked or enforced accordingly, and, in the case of any legal proceedings, may be continued and appealed against as if this Act had not been passed.
96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F272
97 Extension of certain provisions of Act to England and Wales, Northern Ireland and the Channel Islands.
1
F2752
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Save as aforesaid, and except in so far as it relates to the interpretation or commencement of the provisions, this Act shall extend only to Scotland.
98 Commencement.
1
This Act (except this section) shall come into operation on such date as the Secretary of State may by order appoint.
2
Different dates may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the date on which that provision comes into operation.
F2763
An order under this section may make such transitional provisions as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provision of this Act then in force as appear to the Secretary of State necessary or expedient for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of the M35Children and Young Persons Act 1969.
99 Short title.
This Act may be cited as the Social Work (Scotland) Act 1968.
SCHEDULES
F277F277SCHEDULE 1
Sch. 1 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F277
SCHEDULE 2 Amendment of Part IV of the M36Children and Young Persons (Scotland) Act 1937
Part I
General Adaptations
F2781
Any reference to a child or to a young person shall be construed as a reference to a child as defined in section 93(2)(b) of the Children (Scotland) Act 1995.
2
Any reference to a court of summary jurisdiction or to a juvenile court . . . F279 shall be construed as a reference to the sheriff sitting summarily.
Part II Specific Adaptations
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F280
C257
In section 46(1) for the words “child or young person”, in both places where these words occur, there shall be subsituted the words “a person under the age of seventeen years”.
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F281
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F282
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F283
C2618
In section 62, for the words “an approved school” there shall be subsitituted the words “a residential establishment”, and in paragraph (c), for the word “school” there shall be subsitituted the words “residential establishment”.
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F284
SCHEDULE 3 Children’s Panels
Appointment
1
The Secretary of State shall appoint such number of members of children’s panels for each local authority area as he considers appropriate and from among these members he shall appoint a chairman and a deputy chairman.
2
A member of a children’s panel shall hold office for such period as is specified by the Secretary of State, but may be removed from office by the Secretary of State at any time.
Children’s Panel Advisory Committee
C273
F285Subject to paragraph 5B below,each local authority shall form a Children’s Panel Advisory Committee consisting of
ii
F288. . .
two members nominated by the local authority and three members nominated by the Secretary of State . . . F289
F2903A
The Secretary of State may, at the request of the local authority provide for an increase in the membership of the Children’s Panel Advisory Committee for the area of the authority by such number, not exceeding 5, of additional members as the authority specify in relation to their request, the additional members to be nominated as follows—
a
the first, second and fourth additional members, by the Secretary of State;
b
the third and fifth additional members, by the local authority
4
The chairman of the Children’s Panel Advisory Committee shall be appointed by the Secretary of State from among the members he has nominated, and shall be resident in the area of the local authority.
5
It shall be the duty of the Children’s Panel Advisory Committee—
a
to submit names of possible panel members to the Secretary of State;
b
to advise the Secretary of State as required on the suitability of persons referred to him as possible members; and
c
to advise the Secretary of State on such matters relating to the general administration of panels as he may refer to them.
F2915A
The Children’s Panel Advisory Committee shall have power—
a
to appoint sub-committees;
b
to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and
c
to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;
and the provisions of paragraph 8 below shall apply to any persons appointed under sub-paragraph (b) above as they apply to members of the Children’s Panel Advisory Committee.
F2925B
1
Two or more local authorities may, for the purpose of discharging the function imposed on them by paragraph 3 above, make arrangements to form a Children’s Panel Advisory Committee for their areas (hereafter referred to as a “joint advisory committee”).
2
A joint advisory committee shall not be formed in pursuance of arrangements made under sub-paragraph (1) above unless the authorities concerned have obtained the consent in writing of the Secretary of State.
3
The Secretary of State may give a direction, in any case where a joint advisory committee has not been formed, to two or more local authorities requiring them to form a joint advisory committee; and the local authorities shall comply with any such direction.
4
The provisions of this Schedule shall apply, subject to any necessary modifications, to a joint advisory committee as they apply to a Children’s Panel Advisory Committee formed under the said paragraph 3.
Recruitment and Training of Panel Members
6
The Secretary of State may make such arrangements as he considers appropriate to recruit and train members or possible members of children’s panels.
7
Each local authority F293shall make such arrangements as they consider appropriate—
a
to enable the Children’s Panel Advisory Committee to obtain names for submission to the Secretary of State as possible panel members, and
b
to train panel members or possible panel members.
Expenses of Panel Members
F2948
A local authority may pay–
a
to a member or possible member of the children’s panel,
b
to a member of the Children’s Panel Advisory Committee,
such allowances as may be determined by the Secretary of State; and he may determine differently in relation to different cases or classes of case.
F295F295SCHEDULE 4
Sch. 4 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295
F296F296SCHEDULE 5
Sch. 5 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13)
F296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 6Transfer of Assets and Liabilities
1
Every agreement to which the transferor was a party immediately before the date of transfer shall have effect as from that date in favour of or against the transferee as if the transferee had been a party to the agreement instead of the transferor.
2
Where the functions of the transferor are transferred to more than one transferee the property, rights, liabilities and obligations of the transferor shall be allocated in such a manner as relates to the allocation of the functions transferred to each of the transferees.
3
Any legal or other proceedings to which the transferor is a party which are pending on the date of the transfer may be continued on or after that date as if the transferee instead of the transferor had been that party.
4
The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.
5
In this Schedule—
a
“transferor” means a body or person from whom a function has been transferred under this Act and from whom any property, right, liability or obligation has been so transferred, and
b
“transferee” means a local authority to whom a function or any property, right, liability or obligation has been so transferred,
and “transfer of function” includes the giving of a function to a local authority which was previously performed by another body including another local authority.
SCHEDULE 7 Transitional Provisions
Registration of existing establishments
1
1
Until the expiration of a period of two years beginning with the commencement of Part IV of this Act, or until registration is effected or refused under the said Part IV, whichever of those three events first occurs—
a
a registration in respect of any establishment under any enactment repealed by this Act shall for the purposes of this Act be deemed to be a registration kept by a local authority under F297section 62 thereof, and
b
a registration in respect of any establishment (other than an approved school) not required under any enactment immediately before the said commencement but required thereafter shall for the purposes of this Act be deemed to be kept as aforesaid by a local authority so long as there is no change of user.
2
Notwithstanding the coming into operation of the said Part IV, the provisions of the said Part shall not apply in relation to approved schools until the commencement of Part III of this Act and thereafter, until the expiration of a period of two years beginning with the said commencement or until registration is effected or refused under the said Part IV, whichever of these three events first occurs, a registration in respect of an approved school required under the said Part IV shall, subject to the provisions of the next following paragraph, be deemed to be kept by the Secretary of State under that Part.
3
Before the expiration of the period of two years mentioned in either of the two foregoing sub-paragraphs, the persons responsible for the management of any establishment deemed to be registered as aforesaid shall, if they intend the establishment to continue for the purposes in respect of which it is so deemed, make application for registration in accordance with the provisions of the said Part IV.
Approved schools
2
1
The following enactments shall, notwithstanding the repeal or exclusion by this Act of any such enactment, continue to have effect, with any necessary modifications, in relation to establishments which were approved schools immediately before the commencement of Part III of this Act until such time as the Secretary of State otherwise directs, either generally or in regard to any particular establishment—
a
the M37Children and Young Persons (Scotland) Act 1937: sections 83(2) and (3) and 85(1), (2)(a) and (c) (surrender of certificate of approval of approved school and classification and administration etc. of approved schools); section 107(1)(a)(i) and (b) and (2) (exchequer grants and expenses of the Secretary of State);
b
the M38Criminal Justice (Scotland) Act 1963: sections 21 and 22 (directions as to management of approved schools and constitution of managers).
2
Until such time as the Secretary of State makes a direction under sub-paragraph (1) of this paragraph in respect of an establishment the payments made by a local authority under this Act in respect of the expenses of carrying on the establishment shall be at such rate as the Secretary of State shall from time to time prescribe.
3
Until such time as aforesaid any contributions or sums received by a local authority by virtue of any order or decree made under Part VI of this Act, or deemed to be so made, in respect of a child in an establishment shall be paid to the Secretary of State, but subject to such deductions in respect of the services rendered by the authority as may be prescribed.
Contributions in respect of children taken into care
3
After the commencement of Part II of this Act and until the commencement of Part VI thereof, Part III of the M39Children Act 1948 shall have the like effect in relation to children taken into care under section 15 of this Act as it had in relation to children taken into care under section 1 of that Act.
Approved school orders, fit person orders, and supervision orders
4
1
This paragraph applies to children who immediately before the commencement of Part III of this Act were in any of the following classes, that is to say children who are—
a
subject to an approved school order,
b
committed to the care of a fit person under an order of a court,
c
under a supervision order,
d
subject to an order of committal to custody in a remand home.
2
Subject to the next following sub-paragraph, a child to whom this paragraph applies shall, on the coming into operation of the said Part III, continue to be subject to any such order as aforesaid, and any provision of any enactment applying to the operation of the order and the treatment of the child shall, notwithstanding the repeal or exclusion by this Act of any such provision, continue so to apply.
3
It shall be the duty of such local authorities as may be prescribed by the Secretary of State, by such date, and in such circumstances and in such cases as may be so prescribed to arrange for children to whom this paragraph applies to be brought before a children’s hearing for the consideration and disposal of their cases under Part III of this Act, and on the disposal of a case the order relating to the child shall cease to have effect.
4
The provisions of the last foregoing sub-paragraph shall apply in the case of a child over the age of sixteen years who has not attained the age of eighteen years, but where a child has attained the age of eighteen years, on such date as the Secretary of State may prescribe, the order relating to the child shall cease to have effect.
Jurisdiction of courts
5
1
Subject to the next following sub-paragraph, on the commencement of Part III of this Act, for the purpose of continuing the jurisdiction of courts in respect of children and young persons who before the said commencement have been charged with an offence, and in respect of children and young persons whose cases have been disposed of but where the courts have continuing functions at the time of that commencement arising from the form of disposal, the provisions of any enactment relating to those courts and cases in them shall, notwithstanding the repeal or exclusion by this Act of any such provisions, continue to have effect in relation to those courts and to those cases.
2
In the case of a juvenile court constituted under section 51 of the M40Children and Young Persons (Scotland) Act 1937, the provisions of the foregoing sub-paragraph shall apply until such time as the Secretary of State otherwise directs, and on any such direction being made any question arising from the imposition of an order of such a court shall be dealt with by the sheriff having jurisdiction in the former area of that court as if the order had been made by him.
6
On the coming into operation of the said Part III the jurisdiction of a juvenile court in relation to the care and protection of children shall cease, and any case of a child under the age of sixteen years which was before the court under that jurisdiction immediately before the said commencement shall stand referred to the F298Principal Reporter of the local authority in whose area the child is ordinarily resident, or, where his ordinary residence is not known or is furth of Scotland, to the F298Principal Reporter of the local authority in whose area the circumstances arose which brought his case before the court.
Remand Home Grant
7
Until such time as the Secretary of State may direct, section 107(a)(iii) of the M41Children and Young Persons (Scotland) Act 1937 shall continue to have effect.
Probation Grant
8
Until such time as the Secretary of State may by order direct, section 75 (3)(a) and (b), (4) and (5) of the M42Criminal Justice (Scotland) Act 1949 shall continue to have effect.
Interpretation
9
In this Schedule the following expressions have the meanings assigned to them—
“approved school” means a school approved under section 83 of the M43Children and Young Persons (Scotland) Act 1937.
“approved school order” has the meaning assigned to it by section 110(1) of the said Act of 1937.
“remand home” has the meaning assigned to it by section 78(1) of the M44Criminal Justice (Scotland) Act 1949.
“supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.
SCHEDULE 8 Minor and Consequential Amendments
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F299
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F300
M46Children and Young Persons (Scotland) Act 1937
C286
In section 38(3), for the words “an approved school” there shall be substituted the words “a residential establishment where education is provided”.
7
C291
In section 87(1), for the words from “to an approved school” to the end of the subsection there shall be substituted the words “to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the M45Criminal Justice (Scotland) Act 1963 as if the order sending him to the school in England or Northern Ireland were an order for committal for residential training made under section 58A of this Act made upon the same date, and as if the order were authority for his detention for a period not exceeding the period for which he might be detained under the approved school order or, as the case may be, the training school order made in respect of him”.
2
In section 87(2)
to (4), any reference to an approved school in Scotland shall be construed as a reference to a place in respect of which the Secretary of State has made, or may make, a direction under subsection (1) F301; and in section 87(2) and (4) the words “England or”, wherever they occur, shall be omitted.
C293
In section 87(3), the words from “approved school as” to the end of the subsection shall be omitted, and there shall be substituted the words “to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order were an order for committal for residential training made under section 58A of this Act made upon the same date”.
C308
After section 101(2) there shall be inserted the following subsection—
2A
Expenses incurred under this Act by a local authority shall be defrayed in like manner as the expenses of that authority under the Social Work (Scotland) Act 1968.
C319
1
In section 103(1), for the words “whether charged with an offence or not” there shall be substituted the words “charged with an offence”.
2
After subsection (1), there shall be added the following subsection—
1A
The court in making any inquiry in pursuance of the last foregoing subsection shall have regard to the application for the provisions of section 30(1) of the Social Work (Scotland) Act 1968 but an order of judgement of the court shall not be invalidated by any subsequent proof that the court was not informed that at the material time the person was subject to a supervision requirement or that his case had been referred to a children’s hearing under Part V of that Act.
3
After subsection (4), there shall be added the following subsection—
5
In subsections (1) and (2) of this section, references to a child or young person charged with an offence shall be construed as references to a child within the meaning of section 30(1) of the Social Work (Scotland) Act 1968.
C3210
In section 110(1), in the definition of “Child”, for the words “Part III” there shall be substituted the words “Parts III and IV” ; and for the definition of “Place of safety” there shall be substituted the following definition—
“Place of safety” has the same meaning as in the Social Work (Scotland) Act 1968 ;
and after the definition of “Remand” there shall be inserted the following definition
“Residential establishment” has the same meaning as in the Social Work (Scotland) Act 1968.
M47National Health Service (Scotland) Act 1947
C3311
1
In section 15(1), after paragraph (f) there shall be inserted the following paragraph—
g
the provision of any of the services which a local authority are required to provide under the Social Work (Scotland) Act 1968 ;
2
In subsection (4), after the words “education authorities” there shall be inserted the words “or any of the social work services which local authorities” ; and after the words “education authority” there shall be inserted the words “or local authority”.
C3412
In section 27, at the end there shall be added the following subsection—
4
On the coming into operation of section 1(4) of the Social Work (Scotland) Act 1968, a local health authority shall not perform any function under this section which may be performed by a local authority by virtue of that section.
C3513
In section 63, after the words “foregoing section” there shall be inserted the words “or local authority within the meaning of the Social Work (Scotland) Act 1968”.
M48National Assistance Act 1948
C3614
In section 32(1), at the end there shall be inserted the words “, and in this subsection any reference to another local authority includes a reference to a local authority in Scotland” .
F30215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3716
In section 65, at the end, there shall be added the following paragraph—
f
any reference however expressed to accommodation provided under Part III thereof shall be construed as a reference to accommodation provided under Part IV of the Social Work (Scotland) Act 1968.
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F303
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F304
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F305
M49Nurseries and Child-Minders Regulation Act 1948
F30620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F307
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F308
M50Maintenance Orders Act 1950
C3832
In section 8(1), after the words “the Children Act 1948” there shall be inserted the words “or section 81 of the Social Work (Scotland) Act 1968”.
C3933
1
In section 9, in subsection (1), after paragraph (a) there shall be inserted the following paragraph—
(aa) for a contribution order under section 80 of the Social Work (Scotland) Act 1968 (enforcement of duty to make contributions by parents in respect of their children while in the care of a local authority under Part II of that Act or under a supervision requirement) ;
2
In subsection (2) after the words “forty-three”, there shall be inserted the words “or said section 80”.
C4034
In section 16(2)(b), after sub-paragraph (v) there shall be inserted the following sub-paragraph—
vi
a contribution order under section 80 of, or a decree or an order made under section 81 of, the Social Work (Scotland) Act 1968 ;
35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F309
M51Valuation and Rating (Scotland) Act 1956
36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F310
M52Adoption Act 1958
1958 c. 5. (7 & 8 Eliz. 2.)
C4137
In section 4(3), paragraph (b) shall be omitted, and after paragraph (c) there shall be inserted the following paragraph—
d
section 17 of the Social Work (Scotland) Act 1968 (which makes corresponding provision for Scotland).
C4238
In section 15(4), for the words “(which provides” there shall be substituted the following words “or section 16 of the Social Work (Scotland) Act 1968 (which sections provide”.
C4339
In section 36(2)(a), for the words “or section ninety” to “1937” there shall be substituted the words “or section 78 of the Social Work (Scotland) Act 1968”.
C4440
In section 43(3), after the word “1948” there shall be inserted the words “or, as the case may be, section 15 of the Social Work (Scotland) Act 1968”, and for the words “that section” there shall be substituted the words “the said section 1 or, as the case may be, the said section 15”.
C4541
In section 57, in the definition of “place of safety”, at the end there shall be inserted the following words “and in Scotland has the same meaning as in the Social Work (Scotland) Act 1968 ;”.
M53Matrimonial Proceedings (Children) Act 1958
C4642
In section 10, for subsection (4) there shall be substituted the following subsection—
4
On the making of an order under this section committing the care of a child to a local authority, Part II of the Social Work (Scotland) Act 1968 (which relates to the treatment of children in care of local authorities) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 15 of that Act, so however that—
a
the exercise by the local authority of their powers under or by virtue of sections 5, 20 to 22, 59 and 60 of that Act shall be subject to any directions given by the court ; and
b
section 23 of that Act (which relates to arrangements for the emigration of a child under the care of a local authority) shall not apply.
C4743
1
In section 11(1), for the words “for the purpose” to “section” there shall be inserted the words “, not being an officer of the local authority for the purpose, appoint an appropriate local authority”, and at the end of the subsection there shall be inserted the following subsection—
1A
In this section “local authority” has the same meaning as in the Social Work (Scotland) Act 1968.
2
In subsection (5), for the words “designated officer” there shall be substituted the words “local authority or other person appointed”.
44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F311
48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F312
50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F313
51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F314
M54Health Visiting and Social Work (Training) Act 1962
C4860
In section 3(5), after “1948”, insert “or under any re-enactment of any of the provisions of the said Parts of the said Acts of 1947 and 1948 contained in Part II of the Social Work (Scotland) Act 1968.”
61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F315
63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F316
65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F317
M55Children and Young Persons Act 1963
C4968
In section 55, the words from “section 88(5)” to “Scottish Act” shall be omitted and after “1948” there shall be inserted the words “or section 23 of the Sociual Work (Scotland) Act 1968”.
69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F318
M56Registration of Births, Deaths and Marriages (Scotland) Act 1965
C5073
1
In section 15, in subsections (1) and (3), for the words “children’s officer” there shall be substituted the words “director of social work”.
2
In subsection (4), for the words “Children and Young Persons (Scotland) Act 1937” there shall be substituted the words “Social Work (Scotland) Act 1968”.
74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F319
C51SCHEDULE 9 Enactments Repealed
The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Part I Repeals Extending to Scotland Only
Session and Chapter | Short Title | Extent of Repeal |
|---|---|---|
1 Edw. 8 & 1 Geo. 6. c. 37. | The Children and Young Persons (Scotland) Act 1937. | In section 21(2), the words from “may take” to the end of the subsection. |
In section 42(1), the words “or is for any other reason brought before a court” and in subsection (2), the words “or taken to a place of safety” and the words “or the person by whom he is taken to the place of safety, as the case may be”. | ||
In section 47(1) the words “until he can be brought before a juvenile court”, wherever occurring. | ||
In section 49(1), the words “either as being in need of care or protection or”, the words “or otherwise”, and the words “and for securing that proper provision is made for his education and training”. | ||
Section 49(2). | ||
Section 51. | ||
Section 53(2) and (3). | ||
Section 59(1) and in subsection (4), the words “under this section, or”. | ||
Sections 60 and 61. | ||
In section 63(3) the words “under the Probation of Offenders Act 1907”. | ||
Sections 65 and 66. | ||
Sections 68 to 86. | ||
Sections 88 to 98. | ||
Section 101(5) and (6). | ||
Section 106. | ||
Section 107(1)(a), and (2). | ||
Section 109. | ||
In section 110(1)— | ||
the following definitions— | ||
“Approved school”, “Approved school order”; “Headmaster”; “In need of care or protection”; | ||
1 Edw. 8 & 1 Geo. 6. c. 37.—cont. | The Children and Young Persons (Scotland) Act 1937—cont. | in the definition of “Justice” the words “(except in section 51 of this Act)”; and the definition of “managers”. |
In section 110, in subsection (3)(a)(ii) the words “and the juvenile court for any area” and subsection (3)(a)(iv). | ||
Section 111. | ||
Section 112. | ||
Schedule 2. | ||
Schedule 3. | ||
11 & 12 Geo. 6. c. 29. | The National Assistance Act 1948. | Section 21. |
Section 22(1). | ||
Sections 23 and 24. | ||
Section 26(1) and (5). | ||
Section 27. | ||
Sections 29 and 30. | ||
Section 32. | ||
Sections 34 to 40. | ||
Section 50(3). | ||
Section 58(1) and (4). | ||
11 & 12 Geo. 6. c. 43. | The Children Act 1948. | The whole Act. |
12, 13 & 14 Geo. 6. c. 94. | The Criminal Justice (Scotland) Act 1949. | Section 2(3) and (9). |
Section 4(2) and (3). | ||
Section 5(3). | ||
In section 7, in subsection (2), the words from “to omit” to “and”, and in subsection (4), the words to “to (3)”. | ||
Sections 11 to 13. | ||
In section 28, subsection (2), and in subsection (3), the words “a remand home or” and the words “home or”. | ||
Sections 50 and 51. | ||
Sections 69 to 73. | ||
In section 75, subsections (1)(a), (3)(a) to (d) and (4) to (6). | ||
In section 78, in subsection (1)— in the definition of “appropriate court” the words “or supervision”; and the words “or person under supervision”; | ||
and the following definitions— “Approved probation hostel” and “Approved probation home”; “approved school”; “Remand home”; “Salaried probation officer”; | ||
in the definition of “sentence”, the words from “an order for custody” to the end of the definition; | ||
the following definitions— | ||
“Supervision Order”; “Voluntary probation officer”; “Whole-time probation officer”; and | ||
“Young Person”. | ||
Schedule 1. | ||
In Schedule 2, in paragraph 2, in sub-paragraph (3), the words “appointed by the appropriate court,”, in sub-paragraph (4)(b), the words “named therein”, in paragraph 3(b) the words “an approved probation hostel or home or in” and the word “other” and paragraph 7. | ||
Schedule 3. | ||
14 Geo. 6. c. 37. | The Maintenance Orders Act 1950. | Schedule 1, so far as relating to the modification of the Children and Young Persons (Scotland) Act 1937. |
15 & 16 Geo. 6. & 1 Eliz. 2. c. 61. | The Prisons (Scotland) Act 1952. | Section 18(1) to (3A). |
In section 32, in subsection (3), the words “who is not less than seventeen years of age”, and subsection (4). | ||
4 & 5 Eliz. 2. c. 24. | The Children and Young Persons Act 1956. | The whole Act. |
4 & 5 Eliz. 2. c. 50. | The Family Allowances and National Insurance Act 1956. | The whole Act. |
5 & 6 Eliz. 2. c. 1. | The Police, Fire and Probation Officers Renumeration Act 1956. | In section 11(2) and (3). |
In section 1(1)(d), the words from “or” to “1949”. | ||
6 & 7 Eliz. 2. c. 40. | The Matrimonial Proceedings (Children) Act 1958. | Section 11(2) and (3). |
In section 12(1), the words “of a probation officer or”, and section 12(3). | ||
6 & 7 Eliz. 2. c. 65. | The Children Act 1958. | Section 1. |
Section 2(6) and (7). | ||
7 & 8 Eliz. 2. c. 5. | The Adoption Act 1958. | Section 4(3)(b). In section 11(1), the words “or juvenile court”. |
In section 15(3), the words from “or the Children” to “1937”. | ||
In section 37(3), the words “in an approved school or”. | ||
8 & 9 Eliz. 2. c. 61. | The Mental Health (Scotland) Act 1960. | In sections 8 and 9. |
In section 10, in subsection (1), in paragraph (a), head (i), and at the end of head (ii) the word “or”. | ||
Section 12(2), sections 19 to 21 and section 46(a). | ||
In section 55(10), the words from “including” to the word “school”. | ||
In section 57, in subsection (3)(b), the words “or young person”; and subsection (5). | ||
Section 69(1)(b). Section 71. | ||
In section 72, the definitions of “approved school” and “remand home” and in the definition of “place of safety” the words “or young person” first occurring. | ||
In section 111(1), the definition of “residential home for persons suffering from mental disorder;”. | ||
10 & 11 Eliz. 2. c. 47. | The Education (Scotland) Act 1962. | Section 36(4) and (5). |
Section 44(3) and (4). | ||
Section 80(1)(e). | ||
In section 104 the words “(including an approved s chool)”. | ||
1963 c. 37. | The Children and Young Persons Act 1963. | Section 1. |
Sections 45 to 52. | ||
Section 58. | ||
1963 c. 39. | The Criminal Justice (Scotland) Act 1963. | In section 11, in subsection (2), the words from “if the offender” to the words “detention centre”, and subsections (3) and (5). |
Section 15. | ||
Part II. | ||
Schedule 2. | ||
1968 c. 46. | The Health Services and Public Health Act 1968. | Section 13. |
Section 44. | ||
Section 45. |
Part II Repeals Extending to England and Wales
Session and Chapter | Short Title | Extent of Repeal |
|---|---|---|
23 & 24 Geo. 5. c. 12. | The Children and Young Persons Act 1933. | In section 78(2) and (4), the words from “(including” to “ 1937)”. |
In section 82(1), the words from “or” to “1937”, and in the proviso, the words from “or where” to “Wales”. | ||
In section 83(1), (2) and (4), the words “Scotland or” wherever occurring, and in subsection (5) the words from “in relation to Scotland” to “Department, and”. | ||
In section 85(1) and (2), the words “or under the Children and Young Persons (Scotland) Act 1937”. | ||
In Schedule 4, in paragraph 9, in sub-paragraph (1), the words from “or with the consent” to “to that Act”, paragraph 9(3), and in paragraph 13, the words “or of the Children and Young Persons (Scotland) Act 1937” in both places where they occur. | ||
6 & 7 Eliz. 2. c. 65. | The Children Act 1958. | In section 2(4), the words from “or of” to “1937”. |
In section 17, in the definition of “fit person order”, the words “or” to “1937”. | ||
7 & 8 Eliz. 2. c. 72. | The Mental Health Act 1959. | In section 10(1), in sub-paragraph (a), head (ii). |
In section 50, sub-paragraph (b). | ||
1963 c. 37. | The Children and Young Persons Act 1963. | In section 12, the words “Scotland or”. |
In section 45(1), the words “the Children and Young Persons (Scotland) Acts 1937 and 1956”. | ||
Sections 51 and 52. | ||
Section 53(1)(b). | ||
1965 c. 53. | The Family Allowances Act 1965. | In section 11, subsection (1)(a)(ii), in subsection (1)(c), the words “or an order under section 73(2) of the said Act of 1937”, and in subsection (2), the words “or the said Act of 1937”. |
Act modified (1.6.1996) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 21(4)(b); S.I. 1996/1173, art. 2
Act: certain functions transferred (1.4.1996) by 1994 c. 39, s. 127(1) (with s. 128); S.I. 1996/323, art. 4(1)(a), Sch. 1