Social Work (Scotland) Act 1968

• (1) Subject to sections 78 and 78A of this Act (contributions in respect of maintainable children) and to the following provisions of this section, a local authority providing a service under this Act ... section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984 section 25 (care and support services for persons who have or have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or section 24(4) of the Carers (Scotland) Act 2016 or under or by virtue of Part II of the Children (Scotland) Act 1995 may recover such charge (if any) for it as they consider reasonable.

• (1A) If a person—

• (a) avails himself of a service provided under this Act ... section 7 or 8 of the said Act of 1984 section 25, 26 or 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or section 24(4) of the Carers (Scotland) Act 2016 or under or by virtue of Part II of the Children (Scotland) Act 1995; and

• (b) satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,

the authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.

• (1B) Subsections (1) and (1A) above do not apply as respects any amount required not to be charged by subsection (1) of section 1 of the Community Care and Health (Scotland) Act 2002 (asp 5)(charging and not charging for social care) or required to be charged or not to be charged by virtue of subsection (4) of that section.

• (1C) Despite section 25(3) of the Public Bodies (Joint Working) (Scotland) Act 2014, where a local authority delegates a function in pursuance of an integration scheme under that Act to a person in pursuance of which a service mentioned in subsection (1) is provided by (or under the direction of) that person, subsections (1) to (1B) apply subject to the modifications in subsection (1D).

• (1D) The modifications are—

• (a) subsection (1) applies as if—

• (i) the reference to a local authority providing a service mentioned in that subsection were to a person mentioned in subsection (1C) to whom a function is delegated (or another person under the direction of that person) providing the service, and

• (ii) the reference to a local authority recovering a charge for a service provided by it were to a local authority recovering a charge for a service that is provided by (or under the direction of) a person mentioned in subsection (1C) to whom a function is delegated, and

• (b) subsection (1A) applies as if the reference to the authority providing the service were to a local authority mentioned in subsection (1C).

• (2) Persons, other than maintainable children, for whom accommodation is provided under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), shall be required to pay for that accommodation in accordance with the subsequent provisions of this section.

• (3) Subject to the following provisions of this section, accommodation provided under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) shall be regarded as accommodation provided under Part III of the National Assistance Act 1948, and sections 22(2) to (8) and 26(2) to (4) (as amended by any enactment within the meaning of the Scotland Act 1998 (c. 46)) of the said Act of 1948 shall apply accordingly.

• (4) In the application of the said section 22, for any reference to the Minister there shall be substituted a reference to the Secretary of State, and in the application of the said section 26, any references to arrangements under a scheme for the provision of accommodation shall be construed as references to arrangements made by a local authority with a voluntary organisation or any other person or body for the provision of accommodation under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

• (4A) Despite section 25(3) of the Public Bodies (Joint Working) (Scotland) Act 2014, where a local authority delegates a function in pursuance of an integration scheme under that Act to a person in pursuance of which accommodation mentioned in subsection (3) is provided by (or under the direction of) that person, subsections (3) and (4) apply subject to the modifications in subsection (4B).

• (4B) The modifications are that subsection (4) applies as if—

• (a) after “Secretary of State” there were inserted—

and that section 22 applies as if— (a) in subsection (2), the reference to the authority managing premises in which the accommodation is provided were to a local authority mentioned in subsection (4A) of this section, (b) in subsection (3)— (i) the reference to accommodation provided in premises managed by a local authority were to accommodation provided in premises managed by (or under the direction of) a person mentioned in subsection (4A) of this section to whom a function is delegated, and (ii) the reference to the local authority were to a local authority mentioned in subsection (4A) of this section, and (c) in subsection (5A)— (i) the reference to an authority managing premises in which accommodation is provided were to a local authority mentioned in subsection (4A) of this section, and (ii) the reference to the authority providing accommodation were to a person mentioned in subsection (4A) of this section to whom a function is delegated, (d) in subsection (8), the reference to a local authority providing accommodation were to a local authority mentioned in subsection (4A) of this section,

,

• (b) at the end of the subsection there were inserted—

and that section 26 applies as if— (a) in subsection (2)— (i) the reference to the local authority making payments to the organisation with whom the arrangements are made to provide the accommodation were to a person mentioned in subsection (4A) of this section to whom a function is delegated (or another person under the direction of that person) making those payments, and (ii) the reference to the local authority recovering an amount of refund were to a local authority mentioned in subsection (4A) of this section recovering that amount, (b) in subsection (3), the reference to the refund of any payments to the local authority were to the refund of any such payments to the local authority mentioned in subsection (4A) of this section, (c) in subsection (3A)— (i) the reference to the making of arrangements by the local authority were to the making of arrangements by (or under the direction of) a person mentioned in subsection (4A) of this section to whom a function is delegated, (ii) in paragraphs (a) and (c), the references to the local authority were to a person mentioned in subsection (4A) of this section to whom a function is delegated , and (iii) in paragraph (b) the reference to the local authority were to a local authority mentioned in subsection (4A) of this section,

and

• (d) for subsection (4) there were substituted—

(4) Section 22(5A) of this Act applies for the purposes of subsection (3A) as it applies for the purposes of that section but as if— (a) the reference to an authority managing premises in which accommodation is provided were to a local authority mentioned in section 87(4A) of the Social Work (Scotland) Act 1968, and (b) the reference to the authority providing accommodation were to a person mentioned in section 87(4A) of the Social Work (Scotland) Act 1968 to whom a function is delegated.

• (5) The Secretary of State may, with the consent of the Treasury, make regulations for modifying or adjusting the rates at which payments under this section are made, where such a course appears to him to be justified, and any such regulations may provide for the waiving of any such payment in whole or in part in such circumstances as may be specified in the regulations.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of parents to notify change of address

88

Application of Tribunals and Inquiries Act 1958

89

Orders, regulations etc.

90

• (1) Any power to make regulations or orders . . . . . . , or to make rules conferred on the Secretary of State by this Act shall be exercisable by statutory instrument.

• (2) Any statutory instrument made in the exercise of any power to make regulations conferred by this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Any power conferred by this Act to make orders shall include a power, exercisable in the like manner and subject to the same conditions, to vary or revoke any such order.

• (4) A statutory instrument containing an order under section 27(1D) or 27A(1A)(c) of this Act is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Expenses

91

There shall be defrayed out of moneys provided by Parliament—

• (a) any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and

• (b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

Effect of Act on rate support grant

92

• (1) The Secretary of State shall have power, by an order made in the like manner and subject to the like provisions as a rate support grant order, to vary the provisions of any rate support grant order made before the commencement of this Act for a grant period ending after the commencement of this Act.

• (2) Any order made by virtue of this section may be made for all or any of the years comprised in the said rate support grant period, as may be specified in the order, and in respect of the year or years so specified shall increase the annual aggregate amount of the rate support grants to such extent as may appear to the Secretary of State to be appropriate having regard to any additional expenditure incurred or likely to be incurred by councils of counties or of large burghs in consequence of the passing of this Act.

• (3) The provisions of this section shall have effect without prejudice to the exercise of any power conferred by section 4 of the Local Government (Scotland) Act 1966 (which confers power to vary rate support grant orders in consequence of unforeseen increases in the level of prices, costs or remuneration).

• (4) In this section the expressions “rate support grant order” and “grant period” have the meanings respectively assigned to them by subsection (1) and subsection (3) of section 3 of the Local Government (Scotland) Act 1966.

Supplementary

Transitional provisions

93

The transitional provisions set out in Schedule 7 to this Act shall have effect for the purposes of the transition to the provisions of this Act from the law in force before the commencement of this Act.

Interpretation

94

• (1) In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

• “approved school” means a school approved by the Secretary of State under section 79 of the Children and Young Persons Act 1933,

• “approved school order” has the meaning assigned to it by section 107(1) of the Children and Young Persons Act 1933,

• . . .

• . . .

• ...

• ...

• “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),

• “contributor” and “contribution order” have the meanings respectively assigned to them by sections 78 and 80 of this Act,

• “domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;

• “establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides non-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,

• “functions” shall include powers and duties,

• . . .

• “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

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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

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5B

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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).