Social Work (Scotland) Act 1968

• “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,

• “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 said Act of 1984,

• “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,are in need of care and attention arising out of infirmity, youth or age; orsuffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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,

• . . .

• “prescribed” means— in section 3 prescribed by regulations, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in sections 12(3A),27A, 27B,. . . , 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order, and “prescribe” shall be construed accordingly.

• “probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,

• “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 , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1), whether for reward or not,

• . . .,

• “supervision order”, in relation to an order imposed by a court in England or Wales, means a supervision order under ... Act or the Children Act 1989, and in relation to an order imposed by a court in Northern Ireland means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995,

• ...

• “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 Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.

• “youth rehabilitation order” means an order made under Chapter 1 of Part 9 of the Sentencing Code.

• (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.

Minor and consequential amendments, repeals and savings

95

• (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.

• (2) 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.

Power of Parliament of Northern Ireland to make consequential amendments of this Act

96

Extension of certain provisions of Act to England and Wales, Northern Ireland, and the Channel Islands

97

• (1) The following provisions of this Act shall extend to England and Wales, that is to say—

• . . .

• . . .

• section 87

• . . .

• section 98(3) and Schedule 2 paragraphs 7 and 13

• Schedule 8

• Part II of Schedule 9.

• (1A) Section 86 of this Act shall extend to England and Wales and to Northern Ireland.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

Commencement

98

• (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.

• (3) 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 Children and Young Persons Act 1969.

Short title

99

This Act may be cited as the Social Work (Scotland) Act 1968.

SCHEDULE 1

1

After section 1 there shall be inserted the following section—

(1A) In Scotland, without prejudice to the provisions of the Social Work (Scotland) Act 1968, it shall be the duty of every local authority to secure the welfare of children within then-area who are foster children within the meaning of this Part of this Act and, where the local authority consider such a course to be necessary or expedient for the purposes of this section, they shall cause the children to be visited from time to time by their officers, who shall give such advice as to the care and maintenance of the children as may appear to be necessary

.

2

• (1) In section 2(1), for the words " and maintenance " to the word " month " there shall be substituted the words " is undertaken for a period of more than six days beginning with the day on which the child is received into that care ".

• (2) In section 2(3), after paragraph (e) there shall be added the following paragraph—

(f) who undertakes his care for a period not exceeding one month beginning with the day the child is received into that care, unless— (i) the person during the year immediately preceding the date of receiving into care has had the care of one or more foster children for periods which in the aggregate exceed three months, or (ii) the number of continuous periods which exceed six days beginning on the day of receiving into care, throughout which a particular child or any child was in the care of that person in that period of one year, exceeds three.

• (3) Section 2(6) and (7) shall be omitted.

3

In section 9, after the word " foster-child " there shall be inserted the words " for reward ".

SCHEDULE 2

Part I

General Adaptations

1

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 . . . shall be construed as a reference to the sheriff sitting summarily.

Part II — Specific Adaptations

Specific Adaptations

3

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

4

• (1) In section 41, for subsection (1) there shall be substituted the following subsection—

(1) Any court, on remanding or committing for trial a child who is not liberated on bail shall, instead of committing him to prison, commit him to the local authority in whose area the court is situated to be detained in a place of safety chosen by the local authority for the period for which he is remanded or until he is liberated in due course of law: Provided that in the case of a child over fourteen years of age it shall not be obligatory on the court so to commit him if the court certifies that he is of so unruly a character that he cannot safely be so committed, or that he is of so depraved a character that he is not a fit person to be so detained.

• (2) In subsection (2), for the words " young person" where first occurring there shall be substituted the words " child over fourteen years of age ", and where secondly occurring there shall be substituted the word " child ".

5

For section 43 there shall be substituted the following section—

(43) (1) Where a child is to be brought before a court notification of the day and hour when, and the nature of the charge on which, the child is to be so brought shall be sent by the chief constable of the area in which the offence is alleged to have been committed, to the local authority for the area in which the court will sit. (2) Where a local authority have received a notification under the foregoing subsection they shall make such investigations and render available to the court a report which shall contain such information as to the home surroundings of the child as appear to them will assist the court in the disposal of his case, and the report shall contain information, which the appropriate education authority shall have a duty to supply, as to the school record, health and character of the child.

6

In section 44, after the word " child" where first occurring there shall be inserted the words " under fourteen years of age ".

7

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

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

9

In section 48, for the words " any child or young person " there shall be substituted the words " any person under the age of seventeen ", and for the words " the child or young person " there shall be substituted the words " the person ".

10

For section 50 there shall be substituted the following section—

(50) When a child has been charged with an offence jointly with a person who is not a child the provisions of sections 52 to 54 of this Act and section 49 of the Children and Young Persons Act 1933 shall not apply to summary proceedings before the sheriff in respect of the charges.

11

• (1) In section 52(1), for the words from the beginning to the words " a juvenile court", second occurring, there shall be substituted the words—

Where summary proceedings are brought in respect of an offence alleged to have been committed by a child the sheriff shall sit either in a different building or room from that in which he usually sits or on different days from those on which other courts in the building are engaged in criminal proceedings ; and no person shall be present at any sitting to which this subsection applies

.

• (2) For subsection (2) there shall be substituted the following subsection—

(2) The power to make rules conferred on the High Court of Justiciary under section 76(1) of the Summary Jurisdiction (Scotland) Act 1954 shall include power to make rules as respects the procedure in cases to which the foregoing subsection applies.

12

In section 53(5), for the words from the beginning to the words " juvenile court", there shall be substituted the words " Any direction in any enactment that a charge shall be brought before a juvenile court shall be construed as a direction that he shall be brought before the sheriff sitting as a court of summary jurisdiction, and no such direction ".

13

In section 54(1), after the word " report" there shall be inserted the words " of any summary proceedings in the sheriff court in respect of an offence by a child or ", and for the words " child or young person " in both places where these words occur there shall be substituted the words " a person under the age of seventeen years ".

14

In section 57(2), for the words from the beginning to " harm " there shall be substituted the words " Where a child is convicted on indictment ".

15

In section 58, the words from the beginning to " imprisonment or " shall be omitted and for the words from " he be committed " to the end of the section, there shall be substituted the words " the child be detained for such period, not exceeding one month, as may be specified in the order in a place chosen by the local authority in whose area the court is situated. "

16

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

17

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

18

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

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

20

For section 67 there shall be substituted the following section—

(67) Any court by or before which a person is convicted of having committed in respect of a child any of the offences mentioned in the First Schedule to this Act or any offence under section 21 of this Act, may refer the child to the reporter of the local authority in whose area the child resides and certify that the said offence shall be a ground established for the purposes of Part III of the Social Work (Scotland) Act 1968.

SCHEDULE 3

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

3

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

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) . . .

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

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.

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 shall 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

8

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.

SCHEDULE 4

1

In section 1, in subsection (6), for the words " any civil proceedings " there shall be substituted the words " civil proceedings other than the proceedings mentioned in the next following subsection ", and at the end of that subsection there shall be inserted the following subsection—

(6A) A child or his parent shall not be given legal aid in connection with any proceedings before the sheriff or on any subsequent appeal to the Court of Session, being proceedings in respect of a decision of a children's hearing or of an application to the sheriff for a finding under the Social Work (Scotland) Act 1968, unless— (a) he is entitled to receive such aid by virtue of subsection (5A) of the next following section ; or (b) the sheriff, in respect of proceedings before him, is satisfied that the giving of legal aid is necessary in the interests of the child and grants a legal aid certificate ; or (c) it appears, in respect of an appeal to the Court of Session, that the child or his parent has substantial grounds for making the appeal and that it is reasonable that the child or his parent should receive legal aid in the particular circumstances of the case

.

2

• (1) In section 2(1), after the words " civil proceedings " there shall be inserted the words " , other than proceedings mentioned in subsection (6A) of the foregoing section " and after the words " refused legal aid " there shall be inserted the words " in respect of such proceedings first mentioned ".

• (2) In subsection (2), for the words from " in connection with " to the end of the subsection there shall be substituted the words—

shall be available in connection with— (a) criminal proceedings, to an accused person, and (b) the civil proceedings mentioned in subsection (6A) of the foregoing section, to the child or his parent, where the court is satisfied after consideration of the financial circumstances of the accused or, as the case may be, of the child and his parent that the expenses of the case cannot be met without undue hardship to the accused or his dependants or, as the case may be, to the child or his parent, or the dependants of either

.

• (3) In subsection (3), at the end there shall be inserted the following paragraph—

(e) in relation to civil proceedings mentioned in the said subsection (6A) the sheriff

.

• (4) In subsection (4), at the end there shall be added the following paragraphs—

(c) in any case the sheriff has made legal aid available to a child or his parent in the civil proceedings mentioned in the said subsection (6A), the child, or, as the case may be, his parent, shall continue to be regarded as financially eligible for legal aid in connection with any subsequent proceedings on appeal to the sheriff or to the Court of Session or on remit from that Court; (d) legal aid has not been made available to a child or his parent in such civil proceedings as aforesaid, and his case comes before the Court of Session, legal aid shall be available to him if that Court is satisfied of his financial eligibility as aforesaid.

.

• (5) After subsection (5), there shall be inserted the following subsection—

(5A) Notwithstanding the provisions of this Act relating to legal aid in civil proceedings, such aid shall be available to a child or his parent without enquiry into his resources in any appeal under Part III of the Social Work (Scotland) Act 1968 by the child or parent against the child's detention in a place of safety while awaiting disposal of his case by a children's hearing.

• (6) In subsection (6), at the end of the subsection there shall be added the following words " ; but the provisions of paragraphs (c), (d) and (e) of this subsection and the next following subsection shall not apply to the civil proceedings mentioned in subsection (6A) of the foregoing section or in subsection (5A) of this section ".

3

In section 20(1), after the word "requires—" there shall be inserted the following definition—

• the expression ' child ' has the same meaning as in Part III of the Social Work (Scotland) Act 1968 ;

and

after the definition of " member of the forces ", there shall be inserted the following definition—

• " the expression ' parent' has the same meaning as in Part III of the Social Work (Scotland) Act 1968

.

SCHEDULE 5

1

For the purpose of enabling appeal tribunals to be constituted as occasion may require, there shall be appointed by the Secretary of State a panel (hereafter referred to as " the panel") of persons to act when required as members of any such tribunal.

2

No officer of any. Government department shall be qualified to be appointed to the panel.

3

Any person appointed to be a member of the panel shall hold office for such period and subject to such conditions as may be determined by the Secretary of State.

4

Where any appeal is required to be determined by a tribunal constituted in accordance with this Schedule, the tribunal shall consist of a sheriff (or, if he is unable to act, a person qualified for appointment as sheriff nominated by the Lord President of the Court of Session), who shall be chairman, and two other members being impartial persons who shall be appointed from the panel by the Secretary of State.

5

The Secretary of State may—

• (a) pay to members of tribunals constituted as aforesaid such fees and allowances as he may with the consent of the Treasury determine,

• (b) defray the expenses of such tribunals up to such amounts as he may with the like consent determine.

6

• (1) The Secretary of State may make rules—

• (a) as to the tenure of office of members of the panel,

• (b) as to the procedure of tribunals and the procedure in connection with the bringing of matters before a tribunal, and as to the time within which matters may be brought before tribunals,

• (c) as to the payment by the Secretary of State to persons attending proceedings before tribunals of travelling and other allowances (including compensation for loss of remunerative time).

• (2) The power under this paragraph to make rules as to procedure includes power to make provision as to the representation of one person in any proceedings by another person.

7

In this Schedule the expression " sheriff" does not include a sheriff-substitute, and means the sheriff of the county in which the establishment to which the appeal relates is situated or is proposed to be established.

SCHEDULE 6

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

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 section 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 Children 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 Criminal 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 Children 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 Children 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 Principal 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 Principal 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 Children 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 Criminal 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 Children 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 Criminal Justice (Scotland) Act 1949.

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

SCHEDULE 8

Criminal Appeal (Scotland) Act 1926

1

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

Children and Young Persons Act 1933

2

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

3

In section 76(1B), after the words " probation order " there shall be inserted the words " or supervision requirement " and after the words " 1948 " there shall be inserted the words " or Part II of the Social Work (Scotland) Act 1968 ".

4

In section 90(6), after the words " 1948 " there shall be inserted the words " or Part II of the Social Work (Scotland) Act 1968 ", and after the words " probation order " there shall be inserted the words " or supervision requirement ".

5

In section 107(1), after the definition of " street" there shall be inserted the following definition—

• ' supervision requirement ' has the same meaning as in the Social Work (Scotland) Act 1968 ;

,

Children and Young Persons (Scotland) Act 1937

6

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

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 Criminal 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)

• (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”.

8

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.

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”.

• (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.

10

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 ;

National Health Service (Scotland) Act 1947

11

• (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”.

12

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.

13

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”.

National Assistance Act 1948

14

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” .

15

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

16

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.

Children Act 1948

17

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

18

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

19

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

Nurseries and Child-Minders Regulation Act 1948

20

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

Criminal Justice Act 1948

21

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

Criminal Justice (Scotland) Act 1949

22

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

23

In section 3, in subsections (4) and (6), for the words " the probation officer or officers " there shall be substituted the words " any officer ".

24

In section 5(1), for the words "the probation officer named in the probation order" there shall be substituted the words " the officer supervising the probationer ".

25

For section 8(1) there shall be substituted the following subsection—

(1) Any court may, on making a probation order under this Part of this Act, if it thinks that such a course is expedient for the purpose of the order, require the offender to give security for his good behaviour.

.

26

In section 9(1), for the word " seventeen" there shall be substituted the word " sixteen ".

27

In section 10, for the words " a probation officer " there shall be substituted the words " an officer of a local authority ", for the words "other than a juvenile court" there shall be substituted the words " other than a court whose procedure is regulated by rules made under section 52(2) of the Children and Young Persons (Scotland) Act 1937) ", and for the word " seventeen " there shall be substituted the word " sixteen ".

28

• (1) In section 28(1), for the paragraphs (a) to (c) there shall be substituted the following paragraphs—

(a) if he is under 16 years of age the court shall commit him to the local authority in whose area the court is situated, and the authority shall have the duty of placing him in a suitable place of safety chosen by the authority ; (b) if he is a child of over 16 years of age, or a child under 16 years of age but over fourteen years of age who is certified by the court to be unruly or depraved, and the court has been notified by the Secretary of State that a remand centre is available for the reception from that court of persons of his class or description, he shall be committed to a remand centre,

.

• (2) For subsections (3) and (4), there shall be substituted the following subsections—

(3) Where any person is committed to a local authority or to a remand centre under any provision of this Act that authority or centre shall be specified in the warrant, and he shall be detained by the authority or in the centre for the period for which he is committed or until he is liberated in due course of law. (4) Where any person has been committed to a local authority under any provision of this Act, the court by which he was committed, if the person so committed is not less than fourteen years of age and it appears to the court that he is unruly or depraved, may revoke the commitment and commit the said person— (a) if the court has been notified that a remand centre is available for the reception from that court of persons of his class or description, to a remand centre; and (b) if the court has not been so notified, to a prison

.

• (3) After subsection (4) there shall be inserted the following subsection—

(5) Where in the case of a person under sixteen years of age who has been committed to prison or to a remand centre under this section, the sheriff is satisfied that his detention in prison or a remand centre is no longer necessary, he may revoke the commitment and commit the person to the local authority in whose area the court is situated, and the authority shall have the duty of placing him in a suitable place of safety.

29

In section 30(1), in the subsection substituted thereby for section 9(4) of the Criminal Appeal (Scotland) Act 1926, in paragraph (d) for the words " remand home " and " home " there shall be substituted the words " place of safety ".

30

In section 78(1), after the definition of "large burgh and small burgh ", there shall be added the following definitions—

• ' local authority ' has the same meaning as in the Social Work (Scotland) Act 1968 ;
• ' place of safety' has the same meaning as in the Social Work (Scotland) Act 1968 ;

.

31

• (1) In Schedule 2—

• (a) for any reference to a probation officer there shall be substituted a reference to an officer supervising the probationer;

• (b) for any reference to a probation area or a probation committee of a probation area or to the clerk of such a committee, there shall be respectively substituted references to the area of a local authority, a local authority and the director of social work of that area.

• (2) In paragraph 2(1), for the words from "and which shall" to the end of the sub-paragraph, there shall be substituted the words " and shall require the local authority for that other area to arrange for the probationer to be under the supervision of an officer of that authority. ".

• (3) In paragraph (4)(a), for the words from " the probation officer " to " salaried probation officers " there shall be substituted the words " the local authority named in the order, the local authority ".

Maintenance Orders Act 1950

32

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”.

33

• (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”.

34

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 ;

.

Children and Young Persons Act 1956

35

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

Valuation and Rating (Scotland) Act 1956

36

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

Adoption Act 1958

37

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).

38

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”.

39

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”.

40

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”.

41

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 ;”.

Matrimonial Proceedings (Children) Act 1958

42

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.

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—

(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”.

Children Act 1958

44

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

45

• (1) In section 6(b), after the words " 1937 " there shall be inserted the words " or a supervision requirement has been made under the Social Work (Scotland) Act 1968 "; and after the words " an order", second occurring, there shall be inserted the words " or a requirement ".

• (2) In paragraph (d), after the words " 1948 " there shall be inserted the words " or under section 16 of the Social Work (Scotland) Act 1968 ; ".

• (3) In paragraph (e), after the words " local health authority " there shall be inserted the words " or in Scotland a local authority ".

46

In section 7(4), after the words " section 1 of the Children Act 1948 " there shall be inserted the words " or, as the case may be, Part II of the Social Work (Scotland) Act 1968 ".

47

• (1) In section 17, in the definition of " place of safety ", after the word " child " there shall be inserted the words " and, in Scotland, has the same meaning as in the Social Work (Scotland) Act 1968, ".

• (2) After the definition of " relative " there shall be inserted the following definitions—

• ' residential establishment ' has the same meaning as in the Social Work (Scotland) Act 1968 ;
• ' supervision requirement ' has the same meaning as in the Social Work (Scotland) Act 1968 ;

.

Mental Health Act 1959

48

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

49

In section 50, after paragraph (c), there shall be inserted the following paragraph—

or (d) section 17 of the Social Work (Scotland) Act 1968 (which makes corresponding provision for Scotland) ", and after the word " three " there shall be inserted the words " or subsection (2) of the said section 17

.

Mental Health (Scotland) Act 1960

50

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

51

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

52

In section 10(1) in paragraph (a) after head (iii) there shall be inserted the following head—

or (iv) section 17 of the Social Work (Scotland) Act 1968 ;

.

53

In section 30(2), for the words " to the local health authority " there shall be substituted the words " in the case of a guardianship application, to the medical officer of the local authority ".

54

In section 46, for paragraph (c), there shall be substituted the following paragraphs—

(c) section 17 of the Social Work (Scotland) Act 1968 (which relates to children in respect of whom parental rights have been assumed under section 16 of that Act); and (d) section 3 of the Children Act 1948 (which makes corresponding provisions in England and Wales)

,

and after the words " by virtue of " there shall be inserted the words " subsection (2) of the said section 17 or

55

In section 57(3)(b), after the word "child", there shall be inserted the words " under sixteen years of age ".

56

In section 59(1) for the word " home " there shall be substituted the words " residential establishment ", and for the words " under Part II of the Children Act 1948 " there shall be substituted the words " under Part IV of the Social Work (Scotland) Act 1968 ".

57

In section 66(7), for paragraph (a) there shall be substituted the following paragraph—

(a) to a person detained in pursuance of any sentence or order for detention made by a court in criminal proceedings (other than an order under section 63 of this Act, or under subsection (3) of section 3 of the Criminal Appeal (Scotland) Act 1926, or under any enactment to which section 64 of this Act applies);

.

58

In section 72(1).—

59

In section 111, after the definition of "hospital order" there shall be inserted the following definition—

• " local authority " has the same meaning as in the Social Work (Scotland) Act 1968

.

Health Visiting and Social Work (Training) Act 1962

60

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.”

Education (Scotland) Act 1962

61

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

62

• (1) In section 44(1), for the words from "that the child be brought" to the end of the subsection there shall be substituted the words " that the case be referred to the reporter of the appropriate local authority and if so referred, shall certify the said failure as a ground established for the purposes of Part III of the Social Work (Scotland) Act 1968. ".

• (2) In subsection (2), for the words from " direct" to " juvenile court" there shall be substituted the words " make a direction ".

63

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

64

In section 66(1), for the words " the local health authority " there shall be substituted the words " the local authority ".

65

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

66

In section 141(2), after paragraph (c), there shall be added the following paragraph—

(d) any child subject to a supervision requirement requiring him to reside in a residential establishment where education is provided

.

67

In section 145, there shall be inserted the following definitions—

• (a) after definition (41) there shall be inserted—

(41A) " residential establishment" has the same meaning as in the Social Work (Scotland) Act 1968 ;

• (b) in definition (42), for the words from " not include " to the end of the definition there shall be substituted the words " an establishment or residential establishment within the meaning of the Social Work (Scotland) Act 1968

• (c) after definition (46) there shall be inserted—

(46A) " supervision requirement" has the same meaning as in the Social Work (Scotland) Act 1968 ;

Children and Young Persons Act 1963

68

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

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

Criminal Justice (Scotland) Act 1963

70

In section 1(4), for the word " seventeen " there shall be substituted the word " sixteen ".

71

In section 7(1), for the word "fourteen" there shall be substituted the word " sixteen ".

72

In section 29, for the words " approved school " there shall be substituted the words " detained in any place under an order made by virtue of section 57 or 58A of the Children and Young Persons (Scotland) Act 1937 ".

Registration of Births, Deaths and Marriages (Scotland) Act 1965

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”.

• (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”.

Family Allowances Act 1965

74

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

SCHEDULE 9

Part I — Repeals Extending to Scotland Only

Repeals Extending to Scotland Only

Part II — Repeals Extending to England and Wales

Repeals Extending to England and Wales

Local authorities for the administration of the Act.

5A

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

5B

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

6A

• (1) 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 119(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the detention of a child under—

• (i) section 57 of the Children and Young Persons (Scotland) Act 1937; or

• (ii) section 44 , 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995; ...

• (e) the functions of the Principal Reporter under the Children’s Hearings (Scotland) Act 2011 (asp 1) or any other enactment; or

• (f) the functions conferred on the National Convener of Children’s Hearings Scotland by virtue of the Children’s Hearings (Scotland) Act 2011 (asp 1).

• (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 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.

6B

• (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.

• (1A) Where a function mentioned in subsection (1) is delegated by a local authority to a person in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014, this section applies to that person as it applies to a local authority (but subject to the modification in subsection 1B).

• (1B) The modification is that the reference in subsection (3) to an officer of the local authority must be construed as if it were a reference to a member of staff of the person to whom the function is delegated.

• (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 Local 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.

12A

• (1) 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

• (b) shall then decide, having regard to the results of that assessment, and taking account—

• (i) if an adult carer provides, or intends to provide, care for that person, of the care provided by that carer,

• (ia) if a young carer provides, or intends to provide, care for that person, of the care provided by that carer,

• (ii) in so far as it is reasonable and practicable to do so, ... of the views of the person whose needs are being assessed ... (provided that ... 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.

• (1A) In subsection (1)(b)(i) and (ia), the reference to the care provided by a carer means—

• (a) in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,

• (b) in the case of a young carer who has a young carer statement, the information about that care set out in that statement.

• (1B) In—

• (a) assessing the needs of a person for services under subsection (1)(a),

• (b) deciding under subsection (1)(b) whether those needs call for the provision of any services, and

• (c) deciding how any such services are to be provided,

a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.

• (2) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 1986 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—

• “adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,

• “community care services” means services, other than services for children, which a local authority is under a duty or has a power to provide, or to secure the provision of, under—Part 2 of this Act; orany of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003— section 25 (care and support services etc. ); section 26 (services designed to promote well-being and social development);section 27 (assistance with travel);

• “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.

• “person” means a natural person.

• “young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.

12AA

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

12AB

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

12B

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

Powers of Secretary of State.

12C

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

Residential accommodation with nursing.

13A

• (1) Without prejudice to section 12 of this Act, a local authority shall

• (a) provide and maintain; or

• (b) 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.

• (2) . . . 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) In subsection (2)(a) above, “independent health care service” and “private psychiatric hospital” have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c.29).

• (2B) In subsection (2)(b) above, “care home service” has the same meaning as in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).

• (3) 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.

• (4) 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.

• (5) 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.

Provision of care and after-care

Provision of care and after-care

13B

• (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.

• (3) 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.

• (4) 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.

16A

17A

17B

17C

17D

17E

18A

20A

25A

Provision of care and after-care

27ZA

• (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.

27A

• (1) The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of expenditure incurred by that local 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) or 27ZA of this Act;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (1A) 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.

• (2) Before exercising his power under subsection (1A)(c) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.

27B

• (1) The Scottish Ministers may make a grant to a local authority 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, ... 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 subsection (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.

34A

36A

58A

58B

58C

58D

58E

58F

58G

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61A

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

62A

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

63A

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

63B

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

64A

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

78A

• (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 looked after by them; or

• (b) such other contribution as they consider reasonable in the circumstances.

83A

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.

86A

Further provisions relating to direct payments.

92A

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

• (b) sections 25 to 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003,

in relation to persons suffering from mental illness.

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

Appointment

Children’s Panel Advisory Committee

3A

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

5A

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.

5B

• (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

Expenses of Panel Members

Editorial notes

[^c9960901]: 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

[^c9960911]: 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.

[^c16324201]: 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)

[^c9961201]: Words in s. 1(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(2); S.I. 1996/323, art. 4(1)(b)(c)

[^c9961211]: S. 1(3)(6) repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29

[^c9961221]: S. 1(4)(a)repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7) Sch. 15; S.I. 1991/828, art. 3(2)

[^c9961241]: Words repealed by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:2), Sch. 7 Pt. II

[^c9961251]: Word repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10