The Social Work (Representations Procedure) (Scotland) Order 1990

Statutory Instruments

1990 No. 2519 (S.213)

SOCIAL WORK, SCOTLAND

The Social Work (Representations Procedure) (Scotland) Order 1990

Made

8th December 1990

Coming into force

1st April 1991

The Secretary of State, in exercise of the powers conferred on him by section 5B(1) of the Social Work (Scotland) Act 1968(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Social Work (Representations Procedure) (Scotland) Order 1990 and shall come into force on 1st April 1991.

Interpretation

2.  In this Order “the Act” means the Social Work (Scotland) Act 1968.

Representations

3.  Every local authority shall establish a procedure whereby a person, as defined in section 5B(2) of the Act, 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 the Act, or any of the enactments referred to in section 2(2) of the Act, in respect of that person.

Michael B Forsyth

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

8th December 1990

Explanatory Note

(This note is not part of the Order)

This Order requires local authorities to establish a procedure for considering representations (including complaints) by relevant persons, or anyone acting on their behalf, in relation to the discharge of, or any failure to discharge, any of those authorities' social work functions in respect of those persons.

A relevant person is one for whom an authority have a power or duty to provide a social work service (or secure its provision by others) and of whose need or possible need for the service the authority are aware.

(1)

1968 c. 49; section 5B was inserted by section 52 of the National Health Service and Community Care Act 1990 (c. 19).