Part IV

Residential and other Establishments

Provision of residential and other establishments

Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.
59
1
Without prejudice to their duties under sections 12 and 13A of 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 conferred under or by virtue of this Act sections 25 and 26 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13) , Part 2 of the Children (Scotland) Act 1995 (c.36) , the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011 (asp 1), 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 Local 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.

Grants in respect of secure accommodation for children.
59A
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 . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of residential and other establishments.
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration of certain residential and other establishments

Restriction on carrying on of establishments.
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voluntary registration.
61A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration.
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificate of registration as respects grant-aided or independent school.
62A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provisions for registration by Secretary of State.
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against conditions imposed on registration or subsequently.
63A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provisions for jointly registrable establishments.
63B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against refusal or cancellation of registration.
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration fees.
64A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal of persons from establishments.
65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to furnish particulars of establishments.
66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry to examine state and management of establishments etc.
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Visiting of persons in establishments on behalf of local authorities.
68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in s. 59 inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(7); S.I. 1992/2975, art. 2(2), Sch.
Words in s. 59(1) substituted (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 72(c); S.S.I. 2002/162, art. 2 (with arts. 3-13)
1947 c. 43.
S. 59A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 72
Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I.
S.59A(3) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I
S. 60 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)
S. 61 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)
S. 61A 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)
S. 62 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)
S. 62A 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)
S. 63 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)
S. 63A 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)
S. 63B 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)
S. 64 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)
S. 64A 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)
S. 65 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)
S. 66 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)
S. 67 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)
S. 68 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)
Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 25(4), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(6); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
Words in s. 59(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(9)
Words in s. 59(1) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(a), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3)
Words in s. 59(1) inserted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(b), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3)