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Social Work (Scotland) Act 1968

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  • s. 29 heading words substituted by 2016 asp 20 Sch. 1 para. 1(a)
  • s. 5(1B) word repealed by 2007 asp 4 Sch. 3
  • s. 12(2B) substituted by 2002 c. 41 s. 46(1) (This amendment is repealed (prosp.) by 2016 c. 19, Sch. 11 para. 41)
  • s. 13A(5) substituted by 2002 c. 41 s. 46(2) (This amendment is repealed (prosp.) by 2016 c. 19, Sch. 11 para. 41)
  • s. 13B(4) substituted by 2002 c. 41 s. 46(3) (This amendment is repealed (prosp.) by 2016 c. 19, Sch. 11 para. 41)
  • s. 27(2) words substituted by 2007 asp 6 Sch. para. 3(b)
  • s. 28 repealed by 2016 asp 20 Sch. 2
  • s. 29(2)(3) repealed by 2016 asp 20 Sch. 2
  • s. 44(5) word inserted by 1975 c. 72 Sch. 3 para. 56 (This amendment not applied to legislation.gov.uk. Sch. 3 para. 56 repealed (1.4.1997) without ever being in force by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 26(10), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7))
  • s. 64A(1) word repealed by 2000 asp 4 Sch. 5 para. 10 (This amendment not applied to legislation.gov.uk. Sch. 5 para. 10 repealed (1.4.2002) without ever being in force by 2001 asp 8, Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13))
  • s. 68(1) words inserted by 2000 asp 4 Sch. 5 para. 11 (This amendment not applied to legislation.gov.uk. Sch. 5 para. 11 repealed (1.4.2002) without ever being in force by 2001 asp 8, Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13))
  • s. 78(2A) words repealed by 2012 c. 5 Sch. 14 Pt. 1

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 29(1A)(1B) inserted by 2016 asp 20 Sch. 1 para. 1(b)
  • s. 29(3)(j) repealed by 2005 asp 3 Sch. 5 para. 1
  • s. 61B inserted by 2000 asp 4 s. 36 (This amendment not applied to legislation.gov.uk. S. 36 repealed (1.4.2002) without ever being in force by 2001 asp 8, Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13))
  • s. 62(3)(d) inserted by 2000 asp 4 s. 38(3) (This amendment not applied to legislation.gov.uk. S. 38 repealed (1.4.2002) without ever being in force by 2001 asp 8, Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13))
  • s. 64A(1)(e) and word inserted by 2000 asp 4 Sch. 5 para. 10 (This amendment not applied to legislation.gov.uk. Sch. 5 para. 10 repealed (1.4.2002) without ever being in force by 2001 asp 8, Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13))
  • s. 87A inserted by 2007 asp 10 s. 66

SCHEDULES

F1F1SCHEDULE 1S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 31.

SCHEDULE 2E+W+S Amendment of Part IV of the M1Children and Young Persons (Scotland) Act 1937

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Marginal Citations

Part IS

General AdaptationsS

[F21Any 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.]

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Amendments (Textual)

F2Sch. 2 para. 1 substituted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(30) (with s. 103(1)); 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 by art. 3))

2Any reference to a court of summary jurisdiction or to a juvenile court . . . F3 shall be construed as a reference to the sheriff sitting summarily.

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Amendments (Textual)

Part IIE+W+S Specific Adaptations

3—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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Amendments (Textual)

7In 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”.

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Modifications etc. (not altering text)

C1The 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.

8—15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

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Amendments (Textual)

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

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Amendments (Textual)

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

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Amendments (Textual)

18In 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”.

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Modifications etc. (not altering text)

C2The 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.

19, 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

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Amendments (Textual)

Section 33.

SCHEDULE 3E+W+S+N.I. Children’s Panels

AppointmentS

1The 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.

2A 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 CommitteeS

3[F9Subject to paragraph 5B below,]each local authority shall form a Children’s Panel Advisory Committee consisting of

[F10F11(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F12. . .]

two members nominated by the local authority and three members nominated by the Secretary of State . . . F13

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Amendments (Textual)

Modifications etc. (not altering text)

[F143AThe 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]

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Amendments (Textual)

4The 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.

5It 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.

[F155AThe 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.]

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Amendments (Textual)

[F165B(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”).S

(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.]

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Amendments (Textual)

Recruitment and Training of Panel MembersS

6The Secretary of State may make such arrangements as he considers appropriate to recruit and train members or possible members of children’s panels.

7Each local authority [F17shall] 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.

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Amendments (Textual)

Expenses of Panel MembersS

[F188A 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.]

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Amendments (Textual)

F19F19SCHEDULE 4S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F20F20SCHEDULE 5S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 84.

SCHEDULE 6STransfer of Assets and Liabilities

1Every 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.

2Where 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.

3Any 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.

4The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.

5In 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.

Section 93.

SCHEDULE 7S Transitional Provisions

Registration of existing establishmentsS

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—S

(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 [F21section 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.

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Amendments (Textual)

Approved schoolsS

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—S

(a)the M2Children 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 M3Criminal 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.

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Marginal Citations

Contributions in respect of children taken into careS

3After the commencement of Part II of this Act and until the commencement of Part VI thereof, Part III of the M4Children 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.

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Marginal Citations

Approved school orders, fit person orders, and supervision ordersS

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—S

(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 courtsS

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.S

(2)In the case of a juvenile court constituted under section 51 of the M5Children 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.

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Marginal Citations

6On 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 [F22Principal 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 [F22Principal Reporter] of the local authority in whose area the circumstances arose which brought his case before the court.

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Amendments (Textual)

Remand Home GrantS

7Until such time as the Secretary of State may direct, section 107(a)(iii) of the M6Children and Young Persons (Scotland) Act 1937 shall continue to have effect.

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Marginal Citations

Probation GrantS

8Until such time as the Secretary of State may by order direct, section 75 (3)(a) and (b), (4) and (5) of the M7Criminal Justice (Scotland) Act 1949 shall continue to have effect.

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Marginal Citations

InterpretationS

9In this Schedule the following expressions have the meanings assigned to them—

  • approved school” means a school approved under section 83 of the M8Children 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 M9Criminal Justice (Scotland) Act 1949.

  • supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.

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Marginal Citations

Section 95(1).

SCHEDULE 8E+W+S+N.I. Minor and Consequential Amendments

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

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Amendments (Textual)

2—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

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Amendments (Textual)

M10Children and Young Persons (Scotland) Act 1937E+W+S+N.I.

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Marginal Citations

6In section 38(3), for the words “an approved school” there shall be substituted the words “a residential establishment where education is provided”.

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Modifications etc. (not altering text)

C4The 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.

7(1)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 M11Criminal 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”.E+W+S+N.I.

(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) [F25; and in section 87(2) and (4) the words “England or”, wherever they occur, shall be omitted.]

(3)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”.

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Amendments (Textual)

Modifications etc. (not altering text)

C5The 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.

Marginal Citations

8After 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.

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Modifications etc. (not altering text)

C6The 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.

9(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”.E+W+S+N.I.

(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.

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Modifications etc. (not altering text)

C7The 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.

10In 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.

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Modifications etc. (not altering text)

C8The 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.

M12National Health Service (Scotland) Act 1947E+W+S+N.I.

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Marginal Citations

11(1)In section 15(1), after paragraph (f) there shall be inserted the following paragraph—E+W+S+N.I.

(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”.

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Modifications etc. (not altering text)

C9The 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.

12In 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.

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Modifications etc. (not altering text)

C10The 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.

13In 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”.

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Modifications etc. (not altering text)

C11The 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.

M13National Assistance Act 1948E+W+S+N.I.

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Marginal Citations

14In 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” .

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Modifications etc. (not altering text)

C12The 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.

F2615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

16In 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.

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Modifications etc. (not altering text)

C13The 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.

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

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Amendments (Textual)

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

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Amendments (Textual)

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

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Amendments (Textual)

M14Nurseries and Child-Minders Regulation Act 1948E+W+S+N.I.

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Marginal Citations

F3020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F30Sch. 8 para. 20 repealed (E.W.S.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15, S.I. 1991/828, art. 3(2) and repealed (N.I.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by virtue of 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(b); S.I. 1996/3201, art. 3(6)(7)

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

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Amendments (Textual)

22—31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

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Amendments (Textual)

M15Maintenance Orders Act 1950E+W+S+N.I.

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Marginal Citations

32In 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”.

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Modifications etc. (not altering text)

C14The 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.

33(1)In section 9, in subsection (1), after paragraph (a) there shall be inserted the following paragraph—E+W+S+N.I.

(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”.

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Modifications etc. (not altering text)

C15The 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.

34In 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 ;.

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Modifications etc. (not altering text)

C16The 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.

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

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Amendments (Textual)

M16Valuation and Rating (Scotland) Act 1956E+W+S+N.I.

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Marginal Citations

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

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Amendments (Textual)

M17Adoption Act 1958E+W+S+N.I.

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Marginal Citations

M171958 c. 5. (7 & 8 Eliz. 2.)

37In 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).

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Modifications etc. (not altering text)

C17The 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.

38In 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”.

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Modifications etc. (not altering text)

C18The 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.

39In 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”.

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Modifications etc. (not altering text)

C19The 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, 59A, 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.

40In 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”.

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Modifications etc. (not altering text)

C20The 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.

41In 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 ;”.

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Modifications etc. (not altering text)

C21The 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.

M18Matrimonial Proceedings (Children) Act 1958E+W+S+N.I.

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Marginal Citations

42In 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.

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Modifications etc. (not altering text)

C22The 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.

43(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—E+W+S+N.I.

(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”.

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Modifications etc. (not altering text)

C23The 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.

44—47.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

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Amendments (Textual)

48, 49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

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Amendments (Textual)

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

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Amendments (Textual)

51—59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

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Amendments (Textual)

M19Health Visiting and Social Work (Training) Act 1962E+W+S+N.I.

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Marginal Citations

60In 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.”

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Modifications etc. (not altering text)

C24The 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.

61, 62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

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Amendments (Textual)

63, 64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

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Amendments (Textual)

65—67.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

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Amendments (Textual)

M20Children and Young Persons Act 1963E+W+S+N.I.

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Marginal Citations

68In 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”.

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Modifications etc. (not altering text)

C25The 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.

69—72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

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Amendments (Textual)

M21Registration of Births, Deaths and Marriages (Scotland) Act 1965E+W+S+N.I.

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Marginal Citations

73(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”.E+W+S+N.I.

(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”.

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Modifications etc. (not altering text)

C26The 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.

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

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Amendments (Textual)

Section 95(2).

SCHEDULE 9E+W+S Enactments Repealed

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Modifications etc. (not altering text)

C27The 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 IS Repeals Extending to Scotland Only

Session and ChapterShort TitleExtent 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 IIE+W+S Repeals Extending to England and Wales

Session and ChapterShort TitleExtent 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”.

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