PART IILocal Authority Functions

24Islands or district council's functions in relation to the provision of gardening assistance for the disabled and the elderly

(1)

An islands or district council may provide, or arrange for the provision of, gardening assistance for persons who require such assistance by reason of physical disability, chronic illness or old age.

(2)

Section 32(1)(b) of the M1Housing (Financial Provisions) (Scotland) Act 1972 (which requires a local authority to charge for services provided by them under the terms of the tenancy of a house) shall not apply in relation to assistance provided under subsection (1) above; but the local authority shall,recover from any person availing himself of that assistance such charges as appear to them to be reasonable (unless the person's circumstances are such as to render any charge inappropriate).

(3)

Without prejudice to the validity of any instruction which may be given, under section 3(1)(b) of the M2Community Service by Offenders (Scotland) Act 1978, by a local authority officer in fulfilling any requirement imposed on the local authority by a community service order under that Act, a local authority shall not provide, or arrange for the provision of, such assistance as is mentioned in subsection (1) above except in accordance with, and in so far as empowered by, the foregoing provisions of this section.