Social Work (Scotland) Act 1968
Words in s. 1(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(2) 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s. 1(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(2); S.I. 1996/323, art. 4(1)(b)(c) S. 1(3)(6) repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29 S. 1(4)(a)repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7) Sch. 15; S.I. 1991/828, art. 3(2) Words in s. 1(4)(b) substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 4(2) Words repealed by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:2), Sch. 7 Pt. II Word repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10 S. 1(4)(c) repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10 S. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 3 substituted (1.4.1996) by 1994 c. 39, s. 45; S.I. 1996/323, art. 4(1)(a), Sch. 1 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 9 para. 10(3) Words in s. 4 substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 4 inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(3) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 4 inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(3) Words in s. 4 inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 40, 45(2); S.S.I. 2017/152, reg. 4 Words in s. 5(1) substituted (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 21(a), 28(2); S.S.I. 2014/32, art. 3 Words in s. 5(1) substituted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 1(a)(i); S.S.I. 2014/131, art. 2(2)(3), sch. (with art. 4) Words in s. 5(1) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 1(a)(ii); S.S.I. 2014/131, art. 2(2)(3), sch. (with art. 4) Words in s. 5(1) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(4)(a) Words in s. 5(1) inserted (1.10.2017) by Carers (Scotland) Act 2016 (asp 9), ss. 37(2), 45(2); S.S.I. 2017/152, reg. 3, sch. S. 5(1A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 51 Words in s. 5(1A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(a); S.I. 1996/323, art. 4(1)(b)(c) S. 5(1B) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(b); S.I. 1996/323, art. 4(1)(b)(c) S. 5(1B)(f) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(2) Words in s. 5(1B)(f) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 22(2); S.S.I. 2024/211, reg. 2(j)(iii) (with reg. 3) S. 5(1B)(i) repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) S. 5(1B)(k) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(3); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Word in s. 5(1B) before para. (o) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(b)(i), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) and said word expressed to be repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (subject to arts. 3-13) S. 5(1B)(o) repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (subject to arts. 3-13) S. 5(1B)(q) inserted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 2(2)(a); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) S. 5(1B)(r) added (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 21(b), 28(2); S.S.I. 2014/32, art. 3 S. 5(1B)(s) added (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(4)(b) S. 5(1B)(t) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 1(b); S.S.I. 2014/131, art. 2(2)(3), sch. S. 5(1B)(u) inserted (1.10.2017) by Carers (Scotland) Act 2016 (asp 9), ss. 37(3), 45(2); S.S.I. 2017/152, reg. 3, sch. S. 5(1C) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 1(c); S.S.I. 2014/131, art. 2(2)(3), sch. S. 5(2) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 49 S. 5(2)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(c); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 5(2)(c) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 5(2)(c) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 2(2)(b); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) Words in s. 5(2)(c) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(4)(c) S. 5(3)-(5) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) for s. 5(3) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 5(5) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 2(2)(c); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) S. 5ZA inserted (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 25(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1 S. 5A repealed (1.4.2015) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 71(1), 72(2); S.S.I. 2014/231, art. 3 S. 5B repealed (1.4.2017) by The Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 (S.S.I. 2016/157), arts. 1, 6(1) (with art. 6(3)(4)) S. 6 repealed (23.2.2006) by Joint Inspection of Childrens Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3), ss. 8(4)(a), 10(2) S. 6A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 54 S. 6A(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(7) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 6A(1)(b) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 2(3); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) S. 6A(1)(c) repealed (1.4.2002) by 2001 asp 8, s. 80(1)(2), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 6A(1)(d)(ii) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(3) Word in s. 6A(1)(d) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 47 Word in s. 6A(1) inserted (18.4.2011) by Children’s Hearings (Scotland) Act 2011 (Consequential Provision) and Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2011 (S.S.I. 2011/186), arts. 1, 2(a) Words in s. 6A(1)(e) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(5) S. 6A(1)(f) and words inserted (18.4.2011) by Children’s Hearings (Scotland) Act 2011 (Consequential Provision) and Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2011 (S.S.I. 2011/186), arts. 1, 2(b) S. 6B inserted (1.4.1997) by 1995 c. 36, s. 100 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 6B(1A)(1B) inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 1(2) S. 7 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 4 Words in s. 9(1)(2) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(6) Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 51(a) By 1994 c. 39, s. 180(1), Sch. 13 para. 76(7) and S.I. 1996/323, art. 4(1)(b)(c) it is provided (1.4.1996) that for the words from “enactments” to “of this Act” there shall be substituted “mentioned in paragraphs (b), (d), (e), (g), (h), (i) and (l) of section 5(1B) of this Act” Words in s. 10(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(9) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 10(1) substituted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 39, 45(2); S.S.I. 2017/152, reg. 4 S. 10(1A) inserted (19.7.2001) by 2001 asp 8, ss. 69(a), 81(2) Words in s. 10(2) substituted (19.7.2001) by 2001 asp 8, ss. 69(b), 81(2) S. 10(3A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 2 para. 51(b) Words in s. 10(3A) substituted (1.4.2004) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 81(2), sch. 3 para. 4(2); S.S.I. 2004/100, art. 2(e) (with arts. 3 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2) Words in s. 10(3A) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 3(a)(i) Word in s. 10(3A) repealed (27.1.2010) by Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 (S.S.I. 2010/21), art. 1, sch. para. 2 Words in s. 10(3A) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 3(a)(ii) Word substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 9 Pt. I para. 8 (a) Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 9 Pt. I para. 8(b) Words in s. 11(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(7) Words in s. 12(1)(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(11) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 12(2A)(2B) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33, s. 120(1) (with Sch. 15 para. 7); S.I. 2000/464, art. 2, Sch. S. 12(3A)-(3D) substituted (1.7.2002) for s. 12(3A)(3B) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 3; S.S.I. 2002/170, art. 2 S. 12(6) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(5) S. 12A inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 55; S.I. 1992/2975, art. 2(2), Sch. S. 12A(1)(b) substituted (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 8; S.S.I. 2002/170, art. 2 S. 12A(1)(b)(i)(ia) substituted for s. 12A(1)(b)(i) (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(2)(a), 45(2); S.S.I. 2017/152, reg. 4 Word in s. 12A(1)(b)(ii) repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(2)(b)(i), 45(2); S.S.I. 2017/152, reg. 4 Words in s. 12A(1)(b)(ii) repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(2)(b)(ii), 45(2); S.S.I. 2017/152, reg. 4 Words in s. 12A(1)(b)(ii) repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(2)(b)(iii), 45(2); S.S.I. 2017/152, reg. 4 S. 12A(1A)(1B) inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(3), 45(2); S.S.I. 2017/152, reg. 4 S. 12A(3A)-(3C) repealed (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 9(1); S.S.I. 2002/170, art. 2 S. 12A(3A)-(3C) repealed (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 9(1); S.S.I. 2002/170, art. 2 S. 12A(3A)-(3C) repealed (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 9(1); S.S.I. 2002/170, art. 2 Words in s. 12A(8) inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(4)(a), 45(2); S.S.I. 2017/152, reg. 4 Words in s. 12A(8) substituted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 1(3) S. 12A(8): definition of “person” inserted (1.4.1996) by 1995 c. 12, ss. 2(3), 5(2) Words in s. 12A(8) inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(4)(b), 45(2); S.S.I. 2017/152, reg. 4 S. 12AZA inserted (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 17, 28(2); S.S.I. 2014/32, art. 3 S. 12AA repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), s. 45(2), sch. para. 1(2); S.S.I. 2017/152, reg. 4 S. 12AB repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), s. 45(2), sch. para. 1(2); S.S.I. 2017/152, reg. 4 S. 12B repealed (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 25, 28(2); S.S.I. 2014/32, art. 3 (with art. 5) S. 12C repealed (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 25, 28(2); S.S.I. 2014/32, art. 3 (with art. 5) Words in s. 13 substituted (1.4.1997) by 1996 c. 30, s. 5; S.I. 1997/756, art. 2 S. 13ZA inserted (22.3.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 64, 79(2) S. 13A and crossheading inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 56; S.I. 1992/2975, art. 2(2), Sch. S. 13A and crossheading inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 56; S.I. 1992/2975, art. 2(2), Sch. S. 13A(1)(a) inserted (1.4.2002) by 2001 asp 8, s. 72(a)(i); S.S.I. 2002/162, art. 2 (with arts. 3-13) Word in s. 13A(1) inserted (1.4.2002) by 2001 asp 8, s. 72(a)(ii); S.S.I. 2002/162, art. 2 (with arts. 3-13) Words in s. 13A(1) renumbered (1.4.2002) as s. 13A(1)(b) by virtue of 2001 asp 8, s. 72(a)(iii); S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 13A(2)(2A) substituted (1.4.2002) for s. 13A(2) by 2001 asp 8, s. 79, Sch. 3 para. 4(3); S.S.I. 2002/162, art. 2 (with arts. 3-13) Word in s. 13A(2) repealed (1.4.2002) by 2001 asp 8, s. 72(b); S.S.I. 2002/162, art. 2 (with arts. 3-13) and 2002 asp 5, s. 25, Sch. 2 para. 1(4); S.S.I. 2002/170, art. 2 S. 13A(2A) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 1 S. 13A(2B) inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 3(b) S. 13A(4)(5) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33 , s. 120(2); S.I. 2000/464, art. 2, Sch. S. 13B and crossheading inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 56; S.I. 1990/2510, art. 2, Sch. S. 13B and crossheading inserted (1.4.1991) by National Health Service and Community care Act 1990 (c.19, SIF 113:2), s. 56; S.I. 1990/2510, art. 2, Sch. S. 13B(3)(4) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33, s. 120(3); S.I. 2000/464, art. 2, Sch. Words “domicilary services” substituted (1.4.1991) for “home help” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(a) Words “services are” substituted (1.4.1991) for “help is” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(b) Words “domiciliary services are” substituted (1.4.1991) for “home help is” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(c) S. 14(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I S. 14(3) repealed by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II S. 15 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 16 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 4); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 16A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) S. 17 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17B repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17C repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17D repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17E repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 18 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 18A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) S. 19 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 and expressed to be repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) S. 20 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 20A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 21 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 22 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 23 repealed (1.4.1997) by 1995 c. 36, ss. 28, 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 24 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 25 repealed (1.4.1997) by 1995 c. 36, ss. 30(4), 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 25A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 26 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Word in s. 27(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(2); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27(1)(za) inserted (14.5.2025) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 1(5), 18(2); S.S.I. 2025/52, reg. 2(a) S. 27(1)(aa) inserted after paragraph (a) (1.8.1997) by 1997 c. 48, s. 32(a); S.I. 1997/1712, art. 3, Sch. S. 27(1)(ab) inserted after paragraph (a) (1.8.1997) by 1997 c. 48, s. 32(b); S.I. 1997/1712, art. 3, Sch. S. 27(1)(ac) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(2), 89(2); S.S.I. 2003/288, art. 2, sch. S. 27(1)(ad) inserted (4.4.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(a)(i); S.S.I. 2004/420, art. 3, sch. 5 S. 27(1)(ae) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(a)(ii), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1 Word and s. 27(1)(b)(iii) added by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), Sch. 2 para. 1(a) Words in s. 27(1)(b)(iii) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1), sch. 2 para. 31(2)(a); S.S.I. 2010/413, art. 2, sch. (with art. 3(1)) S. 27(1)(b)(iv) and the word “; and” immediately preceding it inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(a); S.I. 1991/850, art. 3, Sch. S. 27(1)(b)(iv) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 31(2)(b); S.S.I. 2010/413, art. 2, sch. (with art. 3(1)) S. 27(1)(b)(v) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(c); S.I. 1997/1712, art. 3, Sch. S. 27(1)(b) (va) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 31(2)(b); S.S.I. 2010/413, art. 2, sch. (with art. 3(1)) S. 27(1)(b)(va)(vb) inserted (28.10.2004 for specified purposes, 4.4.2005 in so far as not already in force) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(a)(ii); S.S.I. 2004/420, art. 3, sch. 1, sch. 5 Word in s. 27(1)(b)(vb) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 8(2); S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3) S. 27(1)(b)(vi) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(d); S.I. 1997/1712, art. 3, Sch. Words in s. 27(1)(b)(vi) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(8) S. 27(1)(b)(vii) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(e); S.I. 1997/1712, art. 3, Sch. Word in s. 27(1)(b) repealed (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(a)(i); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2 S. 27(1)(b)(viii) inserted (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(a)(ii); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2 S. 27(1)(c) and the word “; and” immediately preceding it added (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(a); S.I. 1991/850, art. 3, Schedule S. 27(1A) (1B) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(3), 89(2); S.S.I. 2003/288, art. 2, sch. S. 27(1C)(1D) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(b), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1 Words in s. 27(2) substituted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(c), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1 Words in s. 27(2) repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 5; S.S.I. 2004/420, art. 3, sch. 1 Words in s. 27(2) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1 Words in s. 27(4) substituted (1.4.1991) by virtue of Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(b); S.I. 1991/850, art. 3, Schedule Words in s. 27(3) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1 S. 27(3)(aa) inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(b); S.I. 1991/850, art. 3, Schedule Words in s. 27(3)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(9); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 27(4) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1 Words in s. 27(5) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1 S. 27(5A)-(5C) inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(c); S.S.I. 2004/420, art. 3, sch. 1 Words in s. 27(5A) inserted (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(c); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2 S. 27ZA inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(4), 89(2); S.S.I. 2003/288, art. 2, sch. S. 27A inserted by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 9 S. 27A(1)-(1B) substituted for s. 27A(1) (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(2)(a), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2 S. 27A(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(a); S.S.I. 2017/33, reg. 2(1)(2), sch. Words in s. 27A(1A)(a) inserted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(b)(i); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27A(1A)(b) repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(b)(ii); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27A(1A) beginning with the words "In a case where two or more local authorities" inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 72, 89(2); S.S.I. 2003/288, art. 2, sch. S. 27A(2) substituted (1.4.1991) for words by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(5)(b); S.I. 1991/850, art. 3, Schedule Word in s. 27A(2) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(c); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27B inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 79 S. 27B(1)-(1B) substituted for s. 27B(1) (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(3)(a), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2 S. 27B(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(4)(a); S.S.I. 2017/33, reg. 2(1)(2), sch. Words in s. 27B(1A) repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(4)(b); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27B(2)(3) substituted for words (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(6)(b); S.I. 1991/850, art. 3, Schedule Words in s. 27B(2) substituted (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(3)(b), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2 S. 28 repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Words in s. 29 heading substituted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 1(a) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Words in s. 29(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 29(1) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Word in s. 29(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(iii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 29(1A)(1B) inserted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 1(b) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) S. 29(2)(3) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 ((with savings in ss. 103(1), 105(3), Sch. 3 para. 8)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 ((with savings in ss. 103(1), 105(3), Sch. 3 para. 8)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) S. 31(1) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 S. 31(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I and Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) expressed to be repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch.5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744,art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provsisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) S. 53 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 5 and Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) expressed to be repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisons inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) Words in s. 59 inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(7); S.I. 1992/2975, art. 2(2), Sch. Words in s. 59(1) substituted (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 72(c); S.S.I. 2002/162, art. 2 (with arts. 3-13) Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(6); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 59(1) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(a), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3) Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 25(4), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 59(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(9) Words in s. 59(1) inserted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(b), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3) S. 59A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 72 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I. S.59A(3) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I S. 60 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 61 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 61A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 62 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 62A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 63 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 63A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 63B repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 64 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 64A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 65 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 66 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 67 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 68 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) Pt. V (ss. 69-77) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words added by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 58(a) Words in s. 69(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) S. 69(5) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 58(b) Words added by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 59 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 60 and by virtue of (E.W.) Criminal Justice Act 1982 (c.48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) S. 72(1)(b)(i)(ii) substituted (1.10.1992) for words in s. 72(1)(b) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(a) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2. S. 72(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 58(1) Words in s.72(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(i) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2. Words in s. 72(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(ii) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2. S. 72(1A)(a) and word following it repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(b)(iii), Sch. 13 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2. S. 72(2)(2A)(2B) substituted for s. 72(2) (4.11.1996) by S.I. 1995/756, art. 5(2); S.R. 1996/297, art. 3 Words in s. 72(3) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9.(d) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2. S. 72(4) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(e), Sch. 13 (with s. 28 ); S.I. 1992/333, art. 2(2), Sch. 2. Words in s. 73(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(22); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 73(1)(i)(1A)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) S. 73(1)(i)(ii) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 460(1)(b) Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1) S. 73(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(2) Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(3) Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6 S. 74(5) substituted (4.11.1996) by S.I. 1995/756, art. 5(3); S.R. 1996/297, art. 3 S. 74(6) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 60 Words in s. 74(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 21; S.I. 1991/828, art. 3(2) Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6 Words substituted by virtue of S.I. 1973/2163, arts. 2(1), 11(5) Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(1) Words in s. 75(1) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(23); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 75(1)(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2) Words in s. 75(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para.22; S.I. 1991/828, art. 3(2) Words in s. 75(2) substituted (4.11.1996) by S.I. 1995/756, art. 5(4)(a); S.R. 1996/297, art. 3 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2) Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(3) Words in s. 75(3) substituted (4.11.1996) by S.I. 1995/756, art. 5(4)(b); S.R. 1996/297, art. 3 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(4) Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6 Words in s. 76(2)(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 76(2) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(24)(a); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 76(2) repealed (S.)(1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(24)(b), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 62 Words in s. 76(4) substituted (4.11.1996) by S.I. 1995/756, art. 5(5)(a); S.R. 1996/297, art. 3 Words in s. 76(4) substituted (4.11.1996) by S.I. 1995/756, art. 5(5)(b); S.R. 1996/297, art. 3 S. 77(1)(b) repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Words in s. 78(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 78(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(10)(a) Words in s. 78(1)(a) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (subject to arts. 4-7) Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I S. 78(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 78(2) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(10)(b) S. 78(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 19(6)(b) Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 41(1) Words in s. 78(2A) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 2 Words in s. 78(2A) inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 1; S.I. 1996/2208, art. 2(b) Words in s. 78(2A) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 1; S.I. 2008/787, art. 2(4)(f) S. 78A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 19(7) Words in s. 78A(2)(a) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(18) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 79(1) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(19)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 79(2) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(19)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 80(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 80(2)(3) repealed by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108(3), Sch. 8 Words in s. 80(4) substituted for s. 80(4)(a)(b) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 80(5) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(c) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (subject to arts. 4-7) Words in s. 80(7) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 81(1) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(a) Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(b) Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(c), Sch. 2 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(4) Words in s. 82(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(21) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 83(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(11) Words in s. 83(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(22) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 83A inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(23) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 85 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I Words in s. 86(1)(a) inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Word in s. 86(1) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(a)(i), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Words in s. 86(1)(b) substituted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 86(1)(b) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(a)(i) Words in s. 86(1)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(a)(ii) S. 86(1)(ba) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(a)(ii), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Words in s. 86(1)(ba) substituted (S.) (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, sch. Pt. 3 (with art. 3) Words in s. 86(1)(d) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(b) S. 86(1)(e) and the word “or” immediately preceding it inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(11) S. 86(1)(e) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(7); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 86(1) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(1) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Words in s. 86(2) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(2) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Words in s. 86(3) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(b)(i), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Words in s. 86(3) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(b)(ii), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II Words in s. 86(3) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 42(a) (with Sch. 3 Pt. 1) Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(2) Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(12) Words in s. 86(3) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 42(b) (with Sch. 3 Pt. 1) Words in s. 86(3) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(c) Words in s. 86(3) inserted (S.) (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 31(3); S.S.I. 2010/413, art. 2, sch. (with art. 3(1)) Words in s. 86(3) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 12 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii) Words in s. 86(3) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2) Words in s. 86(3) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 23; S.I. 1991/828, art. 3(2) Words in s. 86(3) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 86(4)-(10) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(c), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Word in s. 86(4)(b) omitted (24.6.2013) by virtue of The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(d)(i) S. 86(4)(d) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(d)(ii) Word in s. 86(6)(b) omitted (24.6.2013) by virtue of The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(e)(i) S. 86(6)(d) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(e)(ii) Words in s. 86(10) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(1) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) S. 86(10A) (10B) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(3) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) S. 86(11) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(f)(ii) S. 86A ceases to have effect (8.4.2002) by virtue of 2001 c. 15, s. 50(1), Sch. 6 Pt. III (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(1); and s. 86A repealed (15.4.2002) by 2001 c. 15, s. 67, Sch. 6 Pt. 3; S.I. 2002/1312, art. 3(b) S. 87(1)(1A) substituted for s. 87(1) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 18 Word in s. 87(1) repealed (S.) (17.2.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 18(a), 28(2); S.S.I. 2014/32, art. 2 Words in s. 87(1) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(a), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 87(1) inserted (S.) (17.2.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 18(b), 28(2); S.S.I. 2014/32, art. 2 Words in s. 87(1) substituted (31.5.2017) by Carers (Scotland) Act 2016 (asp 9), ss. 26(a), 45(2); S.S.I. 2017/152, reg. 2, sch. (with reg. 5) Words in s. 87(1)(1A) inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(25) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Word in s. 87(1A)(a) repealed (S.) (17.2.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 18(a), 28(2); S.S.I. 2014/32, art. 2 Words in s. 87(1A)(a) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(b), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 87(1A)(a) inserted (S.) (17.2.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 18(b), 28(2); S.S.I. 2014/32, art. 2 Words in s. 87(1A)(a) substituted (31.5.2017) by Carers (Scotland) Act 2016 (asp 9), ss. 26(b), 45(2); S.S.I. 2017/152, reg. 2, sch. (with reg. 5) S. 87(1B) inserted (S.) (1.7.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(6); S.S.I. 2002/170, art. 2 S. 87(1C)(1D) inserted (S.) (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 1(4)(a) Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c) Words in s. 87(2) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(c), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 87(3) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(c), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 5(1) Words in s. 87(3) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(2), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2; and words in s. 87(3) substituted (6.4.2009 except in relation to local authorities in W., 6.4.2009 for W.) by Health and Social Care Act 2008 (c. 14), ss. 147(4), 170(3)(4) (with Sch. 13); S.I. 2009/462, art. 4(a); S.I. 2009/631, art. 2(a) Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(d) Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c) Words in s. 87(4) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(c), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) S. 87(4A)(4B) inserted (S.) (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 1(4)(b) S. 87(6) repealed by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 5 Pt. II S. 88 repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(26), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 89 repealed by Tribunals and Inquiries Act 1971 (c. 62, SIF 127), Sch. 4 Pt. I Words in s. 90(1) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(27), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c)(d), Sch. 5 para. 63, Sch. 6 S. 90(4) added (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(4), 24(2); S.S.I. 2006/48, art. 3(1), sch. pt. 1 S. 92A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 58 Words in s. 92A substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 4(3) S. 94(1): definition of “children's panel” and “children's hearing” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(a), Sch. 5 (with s. 103(1) ); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 94(1): definition of “compulsory measures of care” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 94(1) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3) (4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(d) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)) Words in s. 94 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) Words in s. 94(1) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(12)(a) Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(14)(a) Words in s. 94(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(12)(b) S. 94(1): definition of “guardian” repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(d), Sch. 5; S.I. 1996/2203, art. 3(3), Sch., Table (with arts. 4-7) Words in s. 94(1) substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 4(4)(a) Words in s. 94(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(8); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1) , Sch. 3 para. 17 (c) S. 94(1): definition of “parent” substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(e) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (with arts. 4-7) Para (c) repealed by Housing (Homeless Persons) Act 1977 (c. 48, SIF:61), Sch. S. 94(1): definition of “place of safety” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(f), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 64(1) S.94(1): words in the definition of “prescribed” in para. (a) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(g)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 94(1): para. (b) in the definition of “prescribed” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(g)(ii), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (S.) (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 94(1) inserted (1.7.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 25, Sch. 2 para. 1(5); S.S.I. 2002/170, art. 2 Words in s. 94(1) inserted (01. 04. 1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(7); S.I. 1991/850, art. 3 Sch. Words inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 6(2)(b) Words in s. 94(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 13(a) (with Sch. 27 paras. 1 , 5); S.I. 2009/3074, art. 2(p)(iii) Words in s. 94(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(12)(c) S. 94(1): definition of “school age” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(i), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 94(1) substituted (14. 10. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 36; S.I. 1991/1883, art. 3 Sch. Words in s. 94(1) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 13(b), Sch. 28 Pt. 1 (with Sch. 27 paras. 1 , 5); S.I. 2009/3074, art. 2(p)(iii) (u) S. 94(1): words in the definition of “supervision order” substituted (4.11.1996) by S.I. 1995/756, art. 5(6); S.R. 1996/297, art. 3 Words in s. 94(1) repealed (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 2 S. 94(1): definition of “training school” substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(k) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Definition in s. 94(1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 13(c) (with Sch. 27 paras. 1 , 5); S.I. 2009/3074, art. 2(p)(iii) Words in s. 94(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 21 (with Sch. 27); S.I. 2020/1236, reg. 2 S. 96 repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I Words in s. 97 repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(29)(a), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 97(1) substituted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(4)(a) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 65 S. 97(1A) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(4)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) S. 97(2)(3) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(29)(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 98(3) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 66 Sch. 1 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 Sch. 2 para. 1 substituted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(30) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 2 Pt. II paras. 3—6 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 2 Pt. II paras. 8—15 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 2 para. 16 repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 70(2), Sch. 2 Sch. 2 Pt. II para. 17 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 2 Pt. II paras. 19, 20 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Words in Sch. 3 para. 3 inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(a)(i); S.I. 1996/323, art. 4(1)(b)(c) Para. 3(i)(ii) inserted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 187(a) Sch. 3 para. 3(i) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(25)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Sch. 3 para. 3(ii): the words “in any other case,” repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(25)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Words repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29 Sch. 3 para. 3A added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 24 Sch. 3 para. 5A added by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 187(b) Sch. 3 para. 5B inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(b); S.I. 1996/323, art. 4(1)(b)(c) Words in Sch. 3 para. 7 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(c); S.I. 1996/323, art. 4(1)(b)(c) Sch. 3 para. 8 substituted by Local Government and Housing Act 1989 (c. 42), s. 194(1), Sch. 11 para. 15 Sch. 4 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 5 Sch. 5 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 69 Words in Sch. 7 para. 6 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) Sch. 8 para. 1 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 8 paras. 2–5 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 70(b) Sch. 8 para. 15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X. Sch. 8 para. 17 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6 Sch. 8 para. 18 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Sch. 8 para. 19 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6 Sch. 8 para. 20 repealed (E.W.S.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15, S.I. 1991/828, art. 3(2) and repealed (N.I.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by virtue of 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(b); S.I. 1996/3201, art. 3(6)(7) Sch. 8 para. 21 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Sch. 8 paras. 22–31 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 8 para. 35 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Sch. 8 para. 36 repealed by Rating (Disabled Persons) Act 1978 (c. 40, SIF 103:1, 2), Sch. 2 Sch. 8 paras. 44–47 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 Sch. 8 paras. 48, 49 repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6 Sch. 8 para. 50 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5 Sch. 8 paras. 51–59 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 5 Sch. 8 paras. 61, 62 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5 Sch. 8 paras. 63, 64 repealed by Education (Scotland) Act 1969 (c. 49), Sch. 2 Pt. II para. 8, Sch. 3 Sch. 8 paras. 65–67 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5 Sch. 8 paras. 69—72 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 8 para. 74 repealed by Child Benefit Act 1975 (c. 61, SIF 113:1), Sch. 5 Pt. I 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 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. 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) Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2) Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2 Act: power to modify conferred (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), ss. 190(2)(b)(i), 206(2) (with s. 186); S.S.I. 2013/195, arts. 2, 3 Act: power to modify conferred (11.5.2015) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(2), 27(2); S.S.I. 2015/179, art. 2(1) Act: power to modify conferred (1.9.2025) by 2011 asp 1, s. 190(2A) (as substituted by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(b), 38(3); S.S.I. 2025/115, reg. 2(2)(c)) Act: power to modify conferred (1.9.2025) by 1995 c. 36, s. 33A (as inserted by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 30(2), 38(3); S.S.I. 2025/115, reg. 2(2)(d)) Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5) Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(7) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(10) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 4(3)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(3) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Pt. II excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(3) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c) S. 12 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 para. 1(1)(c) (with s. 159); S.I. 2002/2811, art. 2, Sch. S. 12 modified (24.6.2015) by The Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 (S.S.I. 2015/202), regs. 1(1), 2(2) S. 12(1) modified (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2) S. 12(1) modified (11.5.2015 for specified purposes, 24.6.2015 in so far as not already in force) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2); S.S.I. 2015/179, art. 2(1) S. 12A(1) power to modify conferred (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(7); S.S.I. 2002/170, art. 2 S. 12A(1) modified (1.7.2002) by The Community Care (Assessment of Needs) (Scotland) Regulations 2002 (S.S.I. 2002/304), art. 2(1) S. 12A(2) power to modify conferred (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(7); S.S.I. 2002/170, art. 2 S. 12A(2) modified (1.7.2002) by The Community Care (Assessment of Needs) (Scotland) Regulations 2002 (S.S.I. 2002/304), art. 2(1) S. 13A restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 para. 1(1)(c); S.I. 2002/2811, art. 2 S. 13A modified (24.6.2015) by The Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 (S.S.I. 2015/202), regs. 1(1), 2(3) S. 13A(1) modified (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2) S. 13A(1) modified (11.5.2015 for specified purposes, 24.6.2015 in so far as not already in force) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2); S.S.I. 2015/179, art. 2(1) S. 13A(2) excluded (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(4), 27(2) S. 13A(2)(3) excluded (24.6.2015) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(4), 27(2); S.S.I. 2015/179, art. 2(2) S. 13A(3) excluded (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(4), 27(2) The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 29 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3) Pt. III extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 168, 296(3), 364 S. 71 excluded (E.W.) (14.10 1991) by Children Act 1989 (c. 41, SIF 20), ss. 51(5)(6)(7)(b), 108(2); S.I.1991/828, art.3(2) S. 71 restricted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 70(6)(7)(c); S.R. 1996/297, art. 2(2) S. 73(1) extended (E.W.) (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 189(6), 390(6) (which said ss. 189(6), 390(6) ceased to have effect (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53), s. 16, Sch. 3 Pt. II para. 7(4) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2) S. 75(2) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1 S. 76(4) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1 S. 78 excluded by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 31(3) S. 87(2): power to modify conferred (S.) (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 2; S.S.I. 2002/170, art. 2 S. 87(3): power to modify conferred (S.) (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 2; S.S.I. 2002/170, art. 2 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 59A, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Para. 3 extended by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), s. 23(2) The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 59A, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1970 c. 44. 1986 c. 33. 1937 c. 37. 1948 c. 29. 1958 c. 40. 1973 c. 29. 1983 c. 41. 1987 c. 26. 1937 c.37. 1995 c.40. 1973 c. 65 (81:2). 1973 c.45. 1968 c. 46. 1978 c. 29. 1947 c. 42. 1986 c. 33 (113:1). 1968 c. 46. 1949 c. 94. 1937 c. 37. 1947 c. 43. 1969 c. 54. 1975 c. 21. 1969 c. 54. 1950 c. 5 (N.I.) 1978 c. 29. 1937 c. 37. 1948 c. 29. 1966 c. 51. 1966 c. 51. 1933 c. 12. 1933 c. 12. 1946 c. 19 (N.I.) 1969 c. 54. 1937 c. 37. 1937 c. 37. 1963 c. 39. 1948 c. 43. 1937 c. 37. 1937 c. 37. 1949 c. 94. 1937 c. 37. 1949 c. 94. 1937 c. 37. 1963 c. 39. 1947 c. 27. 1948 c. 29. 1948 c. 53. 1950 c. 37. 1956 c. 60. 1958 c. 5. (7 & 8 Eliz. 2.) 1958 c. 40. 1962 c. 33. 1963 c. 37. 1965 c. 49. An Act to make further provision for promoting social welfare in Scotland; to consolidate with amendments certain enactments relating to the care and protection of children; to amend the law relating to the supervision and care of persons put on probation or released from prison etc.; to restrict the prosecution of children for offences; to establish children’s panels to provide children’s hearings in the case of children requiring compulsory measures of care; and for purposes connected with the aforesaid matters.
It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.
The local authorities for the purposes of this Act shall be councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The functions of local health authorities in respect of their areas under the following enactments—
. . .
Mental Health (Care and Treatment) (Scotland) Act 2003 . . . ; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Every local authority shall establish a social work committee for the purposes of their functions under this Act.
Except as otherwise expressly provided, all matters relating to the performance of their functions under the following enactments— shall stand referred to the social work committee, and before exercising any of the said functions the authority shall, unless the matter is urgent, consider a report of the social work committee with respect thereto.
this Act,
Part IV of the Children and Young Persons (Scotland) Act 1937,
sections 10 to 12 of the Matrimonial Proceedings (Children) Act 1958,
Part I of the Children Act 1958.
the Adoption Act 1958,
section 101(1) of the Housing Act 1964, and
the enactments mentioned in subsection (4) of the foregoing section,
The social work committee, or any sub-committee thereof, may include persons specially qualified by reason of experience or training in matters relating to the functions of the committee, notwithstanding that they are not members of the local authority: Provided that at least two-thirds of the members of the committee, and a majority of the members of any sub-committee thereof, shall be members of the authority.
Sections 39 and 40 of the Children Act 1948 (provisions relating to establishment of children's committee) shall cease to have effect.
For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.
The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.
Any vacancy in the appointment of director of social work shall be advertised by the local authority and, unless and until the Secretary of State prescribes qualifications under the last foregoing subsection, copies of all the applications received for the vacancy shall be forwarded by the local authority to the Secretary of State who shall compile a list of those applicants whom he considers qualified for the appointment, and if he considers none of the applicants to be qualified for the appointment he shall require the local authority to re-advertise the vacancy, and the local authority shall comply with the requirement with or without any change in the terms and conditions of service offered.
The Secretary of State shall send a copy of any such list as aforesaid to the local authority who submitted the applications from which the list was compiled, and the local authority shall appoint a person from among those named on that list, or, if they do not wish to appoint a person so nominated, a person nominated on a subsequent list compiled as aforesaid after re-advertisement of the vacancy.
The director of social work shall hold his office during the pleasure of the local authority, but he shall not be removed therefrom, or be required to resign as an alternative thereto, except by a resolution of that authority passed by not less than two-thirds of the members present at a meeting of the authority, notice of which specifies as an item of business the consideration of the removal from office of the director of social work or his being required to resign.
The director of social work of a local authority shall not, except with the consent of the Secretary of State, be employed by that authority in any other capacity.
A local authority shall secure the provision of adequate staff for assisting the director of social work in the performance of his functions.
The provisions as to remuneration and tenure of office contained in sections 82 and 92 of the Local Government (Scotland) Act 1947, so far as these provisions are not inconsistent with any of the foregoing provisions of this section, shall apply to directors of social work and their staffs.
Section 41 of the Children Act 1948 (children's officer) shall cease to have effect.
Where a function is assigned to a local authority under this Act or section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of 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 Part II of the Children (Scotland) Act 1995 or any of Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) or Part 2, 3, 4, 5 or 6 of the Carers (Scotland) Act 2016, and a voluntary organisation or other person, including another local authority, is able to assist in the performance of that function, the local authority may make arrangements with such an organisation or other person for the provision of such assistance as aforesaid.
Local authorities shall perform their functions under this Act , Part 2 of the Children (Scotland) Act 1995, the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1) Part 6 (in so far as it applies to looked after children) and Parts 12 and 13 of the Children and Young People (Scotland) Act 2014 (asp 8) , Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) and the Carers (Scotland) Act 2016 under the general guidance of the Secretary of State.
The Secretary of State may make regulations in relation to—
the performance of the functions assigned to local authorities by this Act;
the activities of voluntary organisations in so far as those activities are concerned with the like purposes;
the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) , (o) ,(p) , (q) and (s) of subsection (1B) above;
. . ..
Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in subsection (1B) below; and a local authority shall comply with any direction made under this subsection.
Without prejudice to the generality of subsection (2) above, regulations under this section may make such provision as is mentioned in subsection (4) of this section as regards—
the boarding out of persons other than children by local authorities and voluntary organisations, whether under any enactment or otherwise; and
the placing of children under paragraph (a), or the making of arrangements in respect of children under paragraph (c), of section 26(1) of the Children (Scotland) Act 1995, by local authorities.
in the case of a child, for securing that, where possible, the person with whom any child is to be boarded out is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that religious persuasion ;
for securing that persons boarded out as aforesaid, and the places in which they are boarded out, shall be supervised and inspected by a local authority or voluntary organisation, as the case may be, and that those persons shall be removed from those places if their welfare appears to require it.
The enactments referred to in subsection (1A) above are—
this Act as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 and the Disabled Persons (Services, Consultation and Representation) Act 1986;
Part IV of the Children and Young Persons (Scotland) Act 1937;
section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the National Assistance Act 1948;
the Disabled Persons (Employment) Act 1958;
sections 10 to 12 of the Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the Guardianship Act 1973;
sections 44, 51 and 216 of the Criminal Procedure (Scotland) Act 1995;
the Children Act 1975;
the Adoption Act 1976;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983;
the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
the Foster Children (Scotland) Act 1984;
sections 38(b) and 235 of the Housing (Scotland) Act 1987;
the Access to Personal Files Act 1987; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II of the Children (Scotland) Act 1995;
the Adoption and Children (Scotland) Act 2007 (asp 4);
the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1);
Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011(asp 1);
Part 6 (in so far as it applies to looked after children) of the Children and Young People (Scotland) Act 2014 (asp 8);
the Carers (Scotland) Act 2016.
In subsections (1) and (1B) of this section, the references to looked after children are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.
The provision referred to in subsection (3) of this section is—
for the recording—
by local authorities and voluntary organisations, of information relating to those with whom persons are so boarded out, or who are willing to have persons so boarded out with them; and
by local authorities, of information relating to those with whom children are so placed or with whom such arrangements are made or who are willing to have children so placed with them or to enter into such arrangements;
for securing that—
persons are not so boarded out in any household unless it is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations; and
children are not so placed or, in accordance with such arrangements, provided with accommodation, in any household unless it is for the time being approved by the local authority placing the child or as the case may be making the arrangements;
for securing that, where possible, the person with whom a child is so placed or with whom such arrangements are made is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that persuasion;
for securing— and that he shall be removed from the place in question if his welfare appears to require it.
that a person who is, and the place in which he is, so boarded out by a local authority or voluntary organisation is supervised and inspected by that authority or organisation; and
that a child who is, and the place in which he is, so placed or, in accordance with such arrangements, provided with accommodation, by a local authority is supervised and inspected by that authority,
In subsections (3) and (4) of this section, “child” means a person who is under the age of 18.
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Any duly authorised officer of the Secretary of State may enter any of the following places for the purpose of making such examinations into the state and management of the place, and the condition and treatment of the persons in it, as he thinks necessary and for the purpose of inspecting any records or registers required to be kept therein by virtue of this Act, that is to say—
any residential or other establishment provided by a local authority or a voluntary organisation or other person for the purposes of this Act;
any place where there is being maintained—
a foster child within the meaning of the Children Act 1958,
a protected child within the meaning of Part IV of the Adoption Act 1958 ;
any place where any person is for the time being boarded out by a local authority or a voluntary organisation;
any place registrable under the Nurseries and Child Minders Regulation Act 1948 or the home of any person so registrable.
Any such officer as aforesaid may at all reasonable times enter the offices of a local authority or of a voluntary organisation for the purpose of inspecting any records or registers relating to any establishment or place mentioned in the foregoing subsection or relating to any persons to whom the authority or organisation has made available advice, guidance or assistance in pursuance of this Act, or who may require such advice, guidance or assistance, and may carry out that inspection.
The power conferred by subsection (1) of this section may be exercised in respect of any place which an officer has reasonable cause to believe to be used as an establishment in respect of which the person carrying on the establishment is registrable under Part IV of this Act.
An officer who proposes to exercise any power of entry or inspection conferred by this section shall, if so required, produce a duly authenticated document showing his authority to exercise the power.
Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding ten pounds in the case of a first offence and fifty pounds in any other case.
The Scottish Ministers are to—
designate a member of their staff as the National Chief Social Work Adviser to—
advise them on policy in relation to social work and the protection of individuals at particular risk of harm, and
prepare an annual report for the Scottish Ministers on the state of social work services and the social work workforce,
organise other members of their staff into an agency named the National Social Work Agency to support the National Chief Social Work Adviser.
The member of staff designated as the National Chief Social Work Adviser must be registered as a social worker in a register that is a relevant register within the meaning of section 52(2) of the Regulation of Care (Scotland) Act 2001.
There shall be an Advisory Council on Social Work (hereafter in this section referred to as the Council) to be appointed by the Secretary of State, for the purpose of advising him on matters connected with the performance of his functions and those of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.
The Council shall consist of such persons, to be appointed by the Secretary of State, as he may think fit, being persons specially qualified to deal with the aforesaid matters and other persons having experience which the Secretary of State considers valuable; and among the persons appointed under this subsection there shall be persons having experience in local government.
The Secretary of State shall appoint a chairman, and a secretary, of the Council.
It shall be the duty of the Council to advise the Secretary of State on any matter which he may refer to them, being such a matter as is mentioned in subsection (1) of this section, and they may also, of their own motion, make representations to the Secretary of State on any such matter as is mentioned in that subsection.
The Secretary of State may require the Council to appoint, and the Council, with the approval of the Secretary of State, shall have power to appoint committees to deal with any matter mentioned in the said subsection (1), and any committee appointed under this subsection shall include such persons as may be nominated by the Secretary of State.
The Secretary of State may make such payments to the members of the Council and to the members of any committees appointed under the provisions of this section, in respect of travelling, subsistence and other expenses as he may with the consent of the Treasury determine.
On the establishment of the Council, the Advisory Council on Child Care for Scotland and the After Care Council shall cease to exist and the records of those bodies shall pass to and vest in the Council.
Section 44 of the Children Act 1948 (Advisory Council on Child Care for Scotland) and section 18(1) to (3A) of the Prisons (Scotland) Act 1952 (After Care Council) shall cease to have effect.
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Without prejudice to section 6B(1) of this Act, the Secretary of State may cause an inquiry to be held into—
the functions of a local authority under this Act or any of the enactments mentioned in section 5(1B) of this Act;
the functions of an adoption society, within the meaning of section 119(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);
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the detention of a child under—
section 57 of the Children and Young Persons (Scotland) Act 1937; or
section 44 , 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995; ...
the functions of the Principal Reporter under the Children’s Hearings (Scotland) Act 2011 (asp 1) or any other enactment; or
the functions conferred on the National Convener of Children’s Hearings Scotland by virtue of the Children’s Hearings (Scotland) Act 2011 (asp 1).
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.
Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions in relation to social welfare.
The Secretary of State and any local authority may make financial assistance available in connection with any research which they may conduct or which they may assist other persons in conducting under the provisions of this section.
The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services 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).
The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards any fees or expenses incurred by persons undergoing training for any of 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) in circumstances such that it appears to the Secretary of State requisite that the grants should be made, and may defray or contribute towards the cost of maintenance of persons undergoing such training.
The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by any body of persons in providing training as aforesaid.
The Secretary of State may make grants and loans of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by voluntary organisations or other persons engaged in any activity connected under this Act or under the mentioned in paragraphs (b),(d),(e),(g),(h),(i), (l) , (p) and (u) of section 5(1B) of this Act, in circumstances where it appears to the Secretary of State that such grants or loans should be made.
his functions; with—
the functions of local authorities,
The conditions on which any grants are paid by the Scottish Ministers under subsection (1) or (1A) above may include conditions for securing the repayment in whole or in part of such grants.
The Scottish Ministers may make grants and loans of such amounts, and subject to such conditions, as they may determine to a voluntary organisation engaged as is mentioned in subsection (1) above to enable that organisation (in this section referred to as the “primary organisation”) to make grants and loans (in this section referred to as “secondary grants and loans”) to other voluntary organisations, or other persons, so engaged, in circumstances where it appears to the primary organisation that the secondary grants and loans should be made; and the Scottish Ministers may require that any secondary grant be subject to such conditions (including conditions for securing the repayment in whole or in part of that grant) as they may specify.
A local authority may make contributions by way of grant or loan to any voluntary organisation the sole or primary object of which is to promote social welfare.
A local authority may also make available to such a voluntary organisation as aforesaid the use of premises belonging to the authority on such terms as may be agreed, and furniture, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff employed by the authority in connection with the premises or other things belonging to the local authority which the voluntary organisation is permitted to use.
On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under section 65 of the Health Services and Public Health Act 1968 and section 16B of the National Health Service (Scotland) Act 1978 shall cease in so far as any such assistance may be given under this section.
In subsection (3) above, “voluntary organisation the sole or primary object of which is to promote social welfare” includes a person providing, as mentioned in paragraph 8(1)(b) of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8), an adoption ... service registered under Part 5 of that Act.
A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated in or outside their area for the purposes of any of their functions under this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1).
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if the last foregoing subsection had been in force immediately before the commencement of that Act.
It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate, and such assistance may , subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person..
A person is a relevant person for the purposes of this section if, not being less than eighteen years of age, he is in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person’s need would cause greater expense to the local authority on a later occasion.
a person, being a child under the age of eighteen, requiring assistance in kind, or in exceptional circumstances in cash, where such assistance appears to the local authority likely to diminish the need—
to receive him into, or to keep him in, care under this Part of this Act, or
of his being referred to a children's hearing under Part III of this Act;
a person in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person's need would cause greater expense to the local authority on a later occasion.
Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need.
A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—
because he is destitute; or
because of the physical effects, or anticipated physical effects, of his being destitute.
Assistance given in kind or in cash to, or in respect of, persons under this section may be given unconditionally or subject to such conditions as to the repayment of the assistance, or of its value, whether in whole or in part, as the local authority may consider reasonable having regard to the means of the person receiving the assistance and to the eligibility of the person for assistance from any other statutory body.
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 (2A) 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.
Nothing in the provisions of this section shall affect the performance by a local authority of their functions under any other enactment.
In determining, for the purposes of this section, whether to make available assistance by providing, or securing the provision of, residential accommodation to a person, a local authority shall disregard so much of the person’s resources— and any order made by virtue of this subsection may make different provision for different cases and for different persons.
as may be prescribed; or
as is determined by them in such a way as may be prescribed,
An order made by virtue of paragraph (a) of subsection (3A) of this section may prescribe circumstances in which assistance such as is mentioned in that subsection is to be made available disregarding entirely a person’s resources.
In subsections (3A) and (3B) of this section, references to a person’s resources are to resources within the meaning of the order prescribing the amount, or as the case may be the way, in question.
A statutory instrument made in exercise of the power conferred by paragraph (a) or (b) of subsection (3A) of this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.
Where, by virtue of section 12 of this Act, a local authority make arrangements or provide or secure the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, that local authority may assist such persons in disposing of the produce of their work.
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—
shall make an assessment of the needs of that person for those services; and
shall then decide, having regard to the results of that assessment, and taking account— whether the needs of the person being assessed call for the provision of any such services.
if an adult carer provides, or intends to provide, care for that person, of the care provided by that carer,
if a young carer provides, or intends to provide, care for that person, of the care provided by that carer,
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),
In subsection (1)(b)(i) and (ia), the reference to the care provided by a carer means—
in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,
in the case of a young carer who has a young carer statement, the information about that care set out in that statement.
In— a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.
assessing the needs of a person for services under subsection (1)(a),
deciding under subsection (1)(b) whether those needs call for the provision of any services, and
deciding how any such services are to be provided,
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.
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— 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.
of any services under the National Health Service (Scotland) Act 1978 by the Health Board—
in whose area he is ordinarily resident; or
in whose area the services to be supplied by the local authority are, or are likely, to be provided; or
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,
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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–
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
inform him that they will be doing so and of his rights under that Act.
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.
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.
This section is without prejudice to section 3 of the said Act of 1986.
In this section—
“medical practitioner” means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.
Subsection (4) applies where—
a local authority is required by section 12A(1)(a) to carry out an assessment of the needs of a person (the “supported person”) for community care services,
it appears to the authority that the supported person falls within subsection (2), and
the conditions in subsection (3) are satisfied.
A supported person falls within this subsection if—
because of mental disorder, the supported person would benefit from receiving assistance from another person in relation to the carrying out of the assessment,
because of difficulties in communicating due to physical disability, the supported person would benefit from receiving assistance from another person to communicate in relation to the carrying out of the assessment.
The conditions are—
there is no guardian, continuing attorney or welfare attorney with powers as respects the provision of assistance in relation to the carrying out of the assessment, and
an intervention order has not been granted as respects the provision of assistance in relation to the carrying out of the assessment.
The authority must take reasonable steps—
to identify persons who are able to assist the supported person, and
if the supported person agrees, to involve them in assisting the supported person in relation to the carrying out of the assessment or, as the case may be, communicating in relation to the carrying out of the assessment.
In this section—
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Where— the local authority may take any steps which they consider would help the adult to benefit from the service.
a local authority have decided under section 12A of this Act that an adult's needs call for the provision of a community care service; and
it appears to the local authority that the adult is incapable in relation to decisions about the service,
Without prejudice to the generality of subsection (1) above, steps that may be taken by the local authority include moving the adult to residential accommodation provided in pursuance of this Part.
The principles set out in subsection (2) to (4) of section 1 of the 2000 Act apply in relation to any steps taken under subsection (1) above as they apply to interventions in the affairs of an adult under or in pursuance of that Act.
Subsection (1) does not authorise a local authority to take steps if they are aware that—
there is a guardian or welfare attorney with powers relating to the proposed steps;
an intervention order has been granted relating to the proposed steps; or
an application has been made (but not yet determined) for an intervention order or guardianship order under Part 6 of the 2000 Act relating to the proposed steps.
In this section—
“ the 2000 Act ” means the Adults with Incapacity (Scotland) Act 2000 (asp 4);
“ adult ” has the meaning given in section 1(6) of the 2000 Act;
“ community care service ” has the meaning given in section 5A of this Act;
“ incapable ” has the meaning given in section 1(6) of the 2000 Act;
“ intervention order ” is to be construed in accordance with section 53 of the 2000 Act”;
the reference to a guardian includes a reference to—
a guardian appointed under the 2000 Act; and
a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland;
the reference to a welfare attorney includes a reference to—
a welfare attorney within the meaning of section 16 of the 2000 Act; and
a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.
It shall be the duty of every local authority to provide on such scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate of, home helpdomiciliary services for households where such help isservices are required owing to the presence, or the proposed presence, of a person in need or a person who is an expectant mother or lying-in, and every such authority shall have power to provide or arrange for the provision of laundry facilities for households for which home help isdomiciliary services are being, or can be, provided under this subsection.
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On the coming into operation of the provisions of this and the last two foregoing sections, the provisions of sections 13, 44 and 45 of the Health Services and Public Health Act 1968 shall cease to have effect.
Without prejudice to section 12 of this Act, a local authority shall 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.
provide and maintain; or
make such arrangements as they consider appropriate and adequate for the provision of
. . . 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—
an independent health care service which is a private psychiatric hospital; or
a care home service.
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).
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).
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.
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—
because he is destitute; or
because of the physical effects, or anticipated physical effects, of his being destitute.
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.
Without prejudice to the generality of the foregoing provisions of this Part of this Act, where it appears to a local authority with respect to a child in their area appearing to them to be under the age of seventeen— it shall be the duty of the local authority to receive the child into their care under this section.
that he has neither parent nor guardian or has been and remains abandoned by his parent or guardian or is lost; or
that his parent or guardian is, for the time being or permanently, prevented by reason of illness or mental disorder or bodily disease or infirmity or other incapacity or any other circumstances from providing for his proper accommodation, maintenance and upbringing ; and
in either case, that the intervention of the local authority under this section is necessary in the interests of the welfare of the child,
Where a local authority have received a child into their care under this section, it shall, subject to the provisions of this Part of this Act, be their duty to keep the child in their care so long as the welfare of the child appears to them to require it and the child has not attained the age of eighteen.
If, at the time when a child is received into the care of a local authority under this section, the whereabouts of any parent or guardian of his are unknown, it shall be the duty of the local authority to take all reasonable steps to discover them ; and nothing in this section shall authorise a local authority to keep a child in their care under this section if any parent or guardian desires to take over the care of the child, and the local authority shall, in all cases where it appears to them consistent with the welfare of the child so to do, endeavour to secure that the care of the child is taken over either—
by a parent or guardian of his, or
by a relative or friend of his, being, where possible, a person of the same religious persuasion as the child or who gives an undertaking that the child will be brought up in that religious persuasion.
Where a local authority receive a child into their care under this section who is then ordinarily resident in the area of another local authority, that other local authority may within three months after the determination (whether by agreement between the authorities or under section 86 of this Act) of the ordinary residence of the child, or with the concurrence of the first-mentioned authority at any subsequent time, take over the care of the child; and a local authority shall not exercise their right to take over the care of a child under this subsection unless they are satisfied that the taking-over will not be detrimental to his welfare.
Where under the last foregoing subsection a local authority take over the care of a child from another local authority, that other authority shall where possible inform the parent of the child that the care of the child has been so taken over.
Subject to the provisions of this Part of this Act, a local authority may, with respect to any child in their care under the last foregoing section in whose case it appears to them— resolve that all the rights and powers which the deceased parent would have if he were still living, or, as the case may be, all the rights and powers of the person on whose account the resolution was passed, shall vest in the local authority.
that his parents are dead and that he has no guardian; or
that a parent or guardian of his (hereafter in this Part of this Act referred to as the person on whose account the resolution was passed)—
has abandoned him, or
suffers from some permanent disability rendering the said person incapable of caring for the child, or
suffers from a mental disorder which renders him unfit to have the care of the child, or
is of such habits or mode of life as to be unfit to have the care of the child, or
has so persistently failed without reasonable cause to discharge the obligations of a parent or guardian as to be unfit to have the care of the child,
In the case of a resolution passed by virtue of paragraph (b) of the last foregoing subsection, unless the person on whose account the resolution was passed has consented in writing to the passing of the resolution, the local authority, if the whereabouts of the said person are known to them, shall forthwith after the passing of the resolution serve on him notice in writing of the passing thereof; and if, not later than one month after such a notice is served on him, the person on whose account the resolution was passed serves a notice in writing on the local authority objecting to the resolution, the resolution shall, subject to the provisions of subsection (3) of this section, lapse on the expiration of fourteen days from the service of the notice of objection. Every notice served by a local authority under this subsection shall inform the person on whom the notice is served of his right to object to the resolution and of the effect of any objection made by him.
Where a notice has been served on a local authority under the last foregoing subsection, the authority may, not later than fourteen days from the receipt by them of the notice, apply by way of summary application against the objection to the resolution to the sheriff having jurisdiction in the area of the authority, and in that event the resolution shall not lapse by reason of the service of the notice until the determination of the application, and the sheriff may, on the hearing of the application, order that the resolution shall not lapse by reason of the service of the notice: Provided that the sheriff shall not so order unless satisfied that the child had been, and at the time when the resolution was passed remained, abandoned by the person who made the objection, or that that person is unfit to have the care of the child by reason of mental disorder within the meaning of the Mental Health (Scotland) Act 1960, or, in the case of a person furth of Scotland, would be deemed to be so unfit if that Act applied to him, or by reason of his habits or mode of life, or by reason of his persistent failure to discharge the obligations of a parent or guardian.
Where, after a child has been received into the care of a local authority under the last foregoing section, the whereabouts of any parent or guardian of his have remained unknown for not less than twelve months, the parent or guardian shall, for the purposes of the foregoing provisions of this section, be deemed to have abandoned the child.
Any notice under this section may be served by post, so however that a notice served by a local authority under subsection (2) of this section shall not be duly served by post unless it is sent in a registered letter or by recorded delivery service.
While a resolution passed by virtue of paragraph (a) of subsection (1) of section 16 of this Act is in force with respect to a child, all rights and powers which the deceased parents would have if they were still living shall, in respect of the child, be vested in the local authority in accordance with the resolution.
While a resolution passed by virtue of paragraph (b) of the said subsection (1) is in force with respect to a child, all rights and powers of the person on whose account the resolution was passed shall, in respect of the child, be vested in the local authority in accordance with the resolution, and subsection (3) of section 15 of this Act shall not, in respect of the child, apply in relation to the person on whose account the resolution was passed.
A resolution under section 16 of this Act shall not prevent the local authority from allowing, either for a fixed period or until the local authority otherwise determine, the care of the child to be taken over by, and the child to be under the control of, a parent, guardian, relative or friend in any case where it appears to the authority to be for the benefit of the child.
Where a resolution under section 16 of this Act is in force in respect of a child and the child has ceased to be in the care of the local authority by whom the resolution was passed, then (without prejudice to the provisions of section 15 of this Act if those provisions apply) the local authority by whom the resolution was passed shall have power to receive the child back into their care in any circumstances in which it appears to them that their intervention under this subsection is necessary in the interests of the welfare of the child.
Where a local authority receive a child into their care under the last foregoing subsection, the provisions of this Act, except subsection (4) of section 15 thereof, shall apply as if the child had been received into their care under the said section 15.
A resolution under the said section 16 shall not relieve any person from any liability to maintain, or contribute to the maintenance of, the child.
A resolution under the said section 16 shall not authorise a local authority to cause a child to be brought up in any religious persuasion other than that in which he would have been brought up but for the resolution.
Any person who— shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
knowingly assists or induces or persistently attempts to induce a child to whom this section applies to run away, or
without lawful authority takes away such a child, or
knowingly harbours or conceals such a child who has run away or who has been taken away or prevents him from returning,
Where a local authority have, in accordance with subsection (3) of this section, allowed any person to take over the care of a child with respect to whom a resolution under the said section 16 is in force and have by notice in writing required that person to return the child at a time specified in the notice (which, if that person has been allowed to take over the care of the child for a fixed period, shall not be earlier than the end of that period) any person who harbours or conceals the child after that time or prevents him from returning as required by the notice shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
Subject to the provisions of this Part of this Act, a resolution under section 16 of this Act shall continue in force until the child with respect to whom it was passed attains the age of eighteen.
A resolution under the said section 16 may be rescinded by resolution of the local authority if it appears to them that the rescinding of the resolution will be for the benefit of the child.
On a summary application for the determining of a resolution being made— the sheriff, having jurisdiction where the applicant resides, if satisfied that there was no ground for the making of the resolution or that the resolution should in the interests of the child be determined, may by order determine the resolution, and the resolution shall thereupon cease to have effect: Provided that, if the sheriff thinks fit, he may, in lieu of determining the resolution, order that, either for a fixed period or until he, or, if the order so provides, the local authority, otherwise direct, the local authority shall allow the care of the child to be taken over by, and the child to be under the control of, the applicant.
in the case of a resolution passed by virtue of paragraph (a) of subsection (1) of the said section 16, by a person claiming to be a parent or guardian of the child;
in the case of a resolution passed by virtue of paragraph (b) thereof, by the person on whose account the resolution was passed,
A court may entertain an application under section 4(2A) of the Guardianship of Infants Act 1925 to appoint a guardian of an infant notwithstanding that, by virtue of a resolution under section 16 of this Act, a local authority have parental rights with respect to him; but where on such an application the court appoints a guardian the resolution shall cease to have effect.
Where a child is in the care of a local authority under any enactment, it shall be the duty of that authority to exercise their powers with respect to him so as to further his best interests, and to afford him opportunity for the proper development of his character and abilities.
In providing for a child in their care as aforesaid, a local authority shall make such use of facilities and services available for children in the care of their own parents as appears to the local authority reasonable in his case.
Where a local authority allow the care of a child to be taken over under section 17(3) or 18(3) of this Act, their duties in respect of the child under this section shall not be affected by that take-over.
Subject to the provisions of this section, a local authority shall discharge their duty to provide accommodation and maintenance for a child in their care—
by boarding him out on such terms as to payment by the authority and otherwise as the authority may, subject to the provisions of this Act and regulations thereunder, determine; or
by maintaining the child in a residential establishment.
Nothing in the foregoing subsection shall be construed as preventing a local authority from making use, in the case of any child, of any such facilities and services as are referred to in subsection (2) of the last foregoing section, and for that purpose arranging for his accommodation and maintenance in any suitable manner not specified in the last foregoing subsection.
Arrangements may be made by a local authority under this section for boarding out a child in England or Wales or for maintaining him in any accommodation in England or Wales which a local authority in those countries is authorised to use for that purpose by virtue of section 13 of the Children Act 1948.
A local authority or a voluntary organisation may, with the consent of the Secretary of State, arrange or assist in arranging the emigration of any child in their care.
The Secretary of State shall not give his consent under this section unless he is satisfied that emigration would benefit the child, and that suitable arrangements have been or will be made for the child's reception and welfare in the country to which he is going, that the parent of the child has been consulted or that it is not practicable to consult him, and that the child consents: Provided that where a child is too young to form or express a proper opinion on the matter, the Secretary of State may consent to his emigration notwithstanding that the child is unable to consent thereto in any case where the child is to emigrate in company with a parent or relative of his, or is to emigrate for the purpose of joining a parent, relative or friend.
Without prejudice to the provisions of section 12 of this Act a local authority may make contributions to the cost of the accommodation and maintenance of any person— in any place near the place where he may be employed, or seeking employment, or in receipt of education or training.
who is over school age but has not attained the age of twenty-one; and
who is, or has at any time after ceasing to be of school age been, in the care of a local authority,
A local authority may make grants to persons who are over school age, but have not attained the age of twenty-one, and who at or after the time when they ceased to be of school age were in the care of a local authority, to enable them to meet expenses connected with their receiving suitable education or training.
Where a person— then if a local authority are at the said time, or were at the time when the course was interrupted, as the case may be, making any contributions or grants in respect of him under any of the foregoing provisions of this section, their powers under those provisions shall continue with respect to him until the completion of the course.
is engaged in a course of education or training at the time when he attains the age of twenty-one; or
having previously been engaged in a course of education or training which has been interrupted by any circumstances, resumes the course as soon as practicable,
Where it comes to the knowledge of a local authority that there is in their area any child over school age who at the time when he ceased to be of that age or at any subsequent time was, but is no longer.— then, unless the authority are satisfied that the welfare of the child does not require it, they shall be under a duty so long as he has not attained the age of eighteen to advise, guide or assist him: Provided that where in a case falling within paragraph (b) of this subsection the local authority are satisfied that the voluntary organisation have the necessary facilities, the local authority may make arrangements whereby, while the arrangements continue in force, he shall be advised, guided or assisted by the voluntary organisation instead of by the local authority.
in the care of a local authority, or
in the care of a voluntary organisation,
Where a child over school age— the authority or organisation shall inform the local authority for the area in which the child proposes to reside.
ceases to be in the care of a local authority under section 15 of this Act and proposes to reside in the area of another local authority, or
ceases to be in the care of a voluntary organisation,
Where it comes to the knowledge of a local authority or a voluntary organisation that a child whom they have been advising, guiding or assisting in pursuance of this section proposes to transfer or has transferred his residence to the area of another local authority, the first-mentioned local authority or, as the case may be, the voluntary organisation shall inform the other local authority.
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.
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.
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—
because he is destitute; or
because of the physical effects, or anticipated physical effects, of his being destitute.
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.
It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—
making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case
making available to any court, in accordance with section 22A(1A) or 23B(6) of the Criminal Procedure (Scotland) Act 1995, such information as may be relevant to the court’s determination of whether to grant bail to persons who are accused of or charged with an offence;
the supervision of, and the provision of advice, guidance and assistance for—
persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and
persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment; and
without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community payback order imposed under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement ; and
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without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995;
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without prejudice to sub-paragraph (i) above, persons in their area who are under 18 years of age and subject to restriction of liberty orders under section 245A of the said Act of 1995;
persons in their area aged 16 and 17 years who are subject to a compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children’s Hearings (Scotland) Act 2011 (asp 1);
persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; ...
persons in their area who are subject to work orders under section 303ZA(6) of the said Act of 1995;
making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;
making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;
the provision of advice, guidance and assistance for persons who are in prison or subject to any other form of detention and who— and who on release from such imprisonment or detention, it appears to the local authority, will be required to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;
resided in their area immediately prior to such imprisonment or detention; or
intend to reside in their area on release from such imprisonment or detention,
making available, for the purposes of parenting orders under section 13 or 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), such services as are required to enable requirements imposed by or under such orders to be carried out in respect of persons in their area;
making available to the Scottish Ministers such background and other reports as the Scottish Ministers may request in relation to the exercise of their functions under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9);
the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.
For the purposes of subsection (1) above every local authority shall, ..., prepare a scheme (hereinafter referred to as a community justice scheme) and submit it by such date, as he may require, to the Secretary of State for his approval.
A local authority may provide advice, guidance or assistance for any person who—
would fall to be provided for under paragraph (ac) of subsection (1) above but for the fact that it appears to the local authority that he will not be required to be under any form of supervision on release as mentioned in that paragraph; and
requests such advice, guidance or assistance.
A community justice scheme shall make provision with regard to the following matters—
the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;
arrangements for the attendance of officers of the local authority at the court;
the matters to be included in such a report;
arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to a committee or sub-committee of such authorities;
arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and
such other matters as the local authority considers relevant to the service to be provided.
Where as respects any person more than one local authority is required by paragraph (ac) of subsection (1) to make such provision as is mentioned in that paragraph, they may agree between themselves that only one of them shall do so; and where there is such agreement the paragraph shall apply accordingly.
The Secretary of State may approve a community justice scheme with or without modifications.
In paragraphs (ac) and (b)(i) and (ii) of subsection (1) above, “enactment” includes an Act of the Scottish Parliament.
A local authority may apply to the Secretary of State for the revision of a community justice scheme and, if the Secretary of State so requires, shall prepare and submit to the Secretary of State for his approval a revised scheme or a modification of an existing scheme.
The Scottish Ministers may by order amend subsection (1) above so as (any or all)—
to add to the functions for the time being described;
to omit any of those functions;
to alter any of those functions.
Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.
Section 11 of and Schedule 3 to the Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.
Before including in a community justice scheme which is made, revised or modified under this section provision for the purposes of subsection (1)(b)(va) or (viii), a local authority shall consult such persons or class or classes of person as the Scottish Ministers may by regulations prescribe.
The Scottish Ministers may give local authorities directions in writing as to the content of community justice schemes; and authorities shall comply with any such directions.
The power conferred by subsection (5B) above to give a direction shall include power to vary or revoke the direction.
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)—
who is arrested and detained in police custody in their area, but only during the period of such detention; or
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.
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.
In subsection (1) above, “ dependency problems ” means problems relating to a dependency on drugs, alcohol or some other substance.
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.
In subsection (1) above, a “relevant service” means a service—
for the purposes mentioned in section 27(1) or 27ZA of this Act;
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for such other similar purposes as the Scottish Ministers may prescribe.
Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.
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.
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.
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.
In subsection (1) above, “relevant expenditure” means expenditure incurred by, ... that local authority in— residential accommodation wholly or mainly for the persons mentioned in subsection (2) below.
providing; or
contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,
Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.
The persons referred to in subsection (1A) above are–
persons mentioned in section 27(1)(b)(i) and (ii) of this Act;
persons who have been charged with an offence and are on bail;
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
such other classes of persons as the Secretary of State may prescribe.
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.
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A local authority may cause to be buried or cremated the body of any deceased person who immediately before his death was in the care of, or receiving assistance from, the authority: Provided that the authority shall not cause the body to be cremated where cremation is not in accordance with the practice of the person's religious persuasion.
An authority may recover from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death expenses incurred under subsection (1) of this section and not reimbursed under section 39 of the National Insurance Act 1965.
A local authority may make payments to any parent, relative or other person connected with — in respect of travelling, subsistence or other expenses incurred by the parent, relative or other person in visiting the person or child, if it appears to the authority that the parent, relative or other person would not otherwise be able to visit him without undue hardship and that the circumstances warrant the making of the payments.
a person, other than a child, in the care of the authority or receiving assistance from the authority; or
a child who is being looked after by the authority,
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In subsection (1), “child” has the meaning given by section 93(2)(a) of the Children (Scotland) Act 1995.
In subsection (1), the reference to a child who is “looked after” by a local authority is to be construed in accordance with section 17(6) of that Act of 1995.
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Except where otherwise expressly provided, a child for the purposes of this Part of this Act means—
a child who has not attained the age of sixteen years;
a child over the age of sixteen years who has not attained the age of eighteen years and in respect of whom a supervision requirement of a children's hearing is in force under this Part of this Act;
a child whose case has been referred to a children's hearing in pursuance of Part V of this Act.
For the said purposes the expression " parent" includes a guardian.
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Part IV of the Children and Young Persons (Scotland) Act 1937 shall have effect subject to the amendments set out in Schedule 2 to this Act.
A child may be in need of compulsory measures of care within the meaning of this Part of this Act if any of the conditions mentioned in the next following subsection is satisfied with respect to him.
The conditions referred to in subsection (1) of this section are that—
he is beyond the control of his parent; or
through lack of parental care he is falling into bad associations or is exposed to moral danger; or
the lack of care as aforesaid is likely to cause him unnecessary suffering or seriously to impair his health or development; or
any of the offences mentioned in Schedule 1 to the Children and Young Persons (Scotland) Act 1937 has been committed in respect of him or in respect of a child who is a member of the same household; or
the child, being a female, is a member of the same household as a female in respect of whom an offence which constitutes the crime of incest has been committed by a member of that household ; or
he has failed to attend school regularly without reasonable excuse; or
he has committed an offence ; or
he is a child whose case has been referred to a children's hearing in pursuance of Part V of this Act.
For the purposes of this Part of this Act " care " includes protection, control, guidance and treatment.
A panel (to be called " the children's panel") shall be formed for every local authority area for the purposes of this Part of this Act.
Schedule 3 to this Act shall have effect with respect to the number, qualifications, appointment and tenure of office of members of a children's panel.
A local authority shall cause to be published a list of the names and addresses of members of the children's panel for their area, and that list shall be open for public inspection at all reasonable times at the offices of the director of social work of the local authority, and at any place where an electors list for the locality is exhibited.
Sittings of members of the children's panel, hereinafter referred to as children's hearings, shall be constituted from the panel in accordance with the provisions of this section to perform, in respect of children who may require compulsory measures of care, the functions assigned to those hearings by this Part of this Act.
A children's hearing shall consist of a chairman and two other members and shall have both a man and a woman among the members.
It shall be the duty of a local authority to provide suitable accommodation and facilities dissociated from criminal courts and police stations for children's hearings for their area, and such accommodation and faculties may be provided in the area of another local authority.
Any children's hearing shall be conducted in private, and, subject to the provisions of any rules made under this section, no person other than a person whose presence is necessary for the proper consideration of the case which is being heard, or whose presence is permitted by the chairman, shall be present.
The chairman shall take all reasonable steps to ensure that the number of persons present at a children's hearing at any one time is kept to a minimum.
Nothing in the foregoing provisions of this section, or in any rules made thereunder, shall operate to prevent a member of the Council on Tribunals, or of the Scottish Committee of that Council, attending any children's hearing, or shall authorise the exclusion of bona fide representatives of a newspaper or news agency.
The Secretary of State may make rules for the constituting and arranging of children's hearings and for regulating the procedure of those hearings.
Without prejudice to the generality of the last foregoing subsection, rules under that subsection may make provision with respect to —
notification of the time and place of a children's hearing to the child and his parent;
the statement of the grounds for the referral of the case to a children's hearing and the rights of the child and his parent to dispute the said grounds ;
the right to appeal to the sheriff against a decision of a children's hearing and the notification of the procedure before him;
the right of the child and his parent to be represented at the children's hearing;
the entitlement of the child and his parent to the refund of such expenses as may be prescribed in connection with the children's hearing and any proceedings arising therefrom;
persons whose presence shall be permitted at a children's hearing;
the continuation of a children's hearing for further investigation of a case before that hearing and the number and duration of such continuations.
For the purpose of arranging children's hearings and for the performance of such other functions in relation to the children's panel or to children's hearings as may be assigned to him by this Part of this Act, a local authority shall, in accordance with the provisions of this section, appoint an officer, whole-time or part-time, to be known as the reporter, and such other officers as deputies of the reporter as may be required.
Any vacancy in the appointment of reporter shall be advertised by the local authority, and copies of all the applications for the vacancy shall be forwarded by them to the Secretary of State who shall compile a list of those applicants whom he considers suitable for the appointment and if he considers none of the applicants to be suitable for appointment, he shall require the local authority to re-advertise the vacancy, and the local authority shall comply with the requirement with or without any change in the terms and conditions of service offered.
The Secretary of State shall send any such list as aforesaid to the local authority who submitted the applications from which the list was compiled, and the local authority shall appoint a person from among those named on that list, or, if they do not wish to appoint a person so nominated, a person nominated on a subsequent list compiled as aforesaid after re-advertisement of the vacancy.
A reporter may not be removed from office by a local authority or be required to resign except with the consent of the Secretary of State.
A reporter of a local authority shall not, except with the consent of the Secretary of State, be employed by that or any other local authority in any capacity other than that of a reporter.
A local authority shall secure the provision of adequate staff for assisting the reporter in the performance of his functions.
The provisions as to remuneration and tenure of office contained in sections 82 and 92 of the Local Government (Scotland) Act 1947, so far as these provisions are not inconsistent with any of the foregoing provisions of this section, shall apply to reporters and their staffs.
The Secretary of State may make rules in relation to the duties of the reporter.
Where any person has reasonable cause to believe that a child may be in need of compulsory measures of care he may give to the reporter such information about the child as he may have been able to discover.
A constable or any person authorised by any court or by any justice of the peace may take to a place of safety any child in respect of whom any of the offences mentioned in Schedule 1 to the Children and Young Persons (Scotland) Act 1937 or any offence under section 21(1) of that Act has been or is believed to have been committed, and any child so taken to a place of safety or any child who has taken refuge in a place of safety may be detained there until arrangements can be made for him to be brought before a children's hearing under the following provisions of this Part of this Act, and, where a child is so detained, the constable or the person authorised as aforesaid or the occupier of the place of safety shall forthwith inform the reporter of the case.
A child shall not continue to be detained under the last foregoing subsection—
where the reporter considers the child does not require compulsory measures of care, or
after the day on which a children's hearing first sit to consider his case in pursuance of the next following subsection, or
for a period exceeding seven days.
Where a child has been detained in a place of safety under subsection (2) of this section or under section 40(3) or 47(1) of the said Act of 1937, and the reporter considers that the child may be in need of compulsory measures of care, he shall, wherever practicable, arrange a children's hearing to sit not later than in the course of the first lawful day after the commencement of the child's detention to consider the case under this Part of this Act, and, if that hearing are unable to dispose of the case and are satisfied that his further detention is necessary in his own interest, or have reason to believe that he will run away during the investigation of his case, they may issue a warrant requiring the child to be detained in any place of safety for such a period not exceeding twenty-one days as may be necessary.
On cause shown a warrant authorising detention under the last foregoing subsection may be renewed, on one occasion only, for the period mentioned in that subsection on the application of the reporter.
In this section any reference to a justice of the peace includes a reference to a sheriff and to a magistrate.
Where a reporter receives information from any source of a case which may require a children's hearing to be arranged he shall, after making such initial investigation as he may think necessary, proceed with the case in accordance with the provisions of the next following section.
Paragraph (b) of section 17(1) of the Police (Scotland) Act 1967 shall, in relation to a child to whom this Part of this Act applies, have effect as if that paragraph imposed a requirement on constables of a police force to make the reports required thereby to the appropriate reporter in addition to the appropriate prosecutor.
Where the reporter decides that no further action on the case is required, he shall, where he considers this to be the proper course, so inform the child and his parent and the person who brought the case to his notice, or any of those persons.
Where the reporter considers it to be the proper course, he shall refer the case to the local authority with a view to their making arrangements for the advice, guidance and assistance of the child and his family in accordance with Part II of this Act.
Where it appears to the reporter that the child is in need of compulsory measures of care, he shall arrange a children's hearing to whom the case shall stand referred for consideration and determination.
Where the reporter has arranged a children's hearing in pursuance of the last foregoing subsection, he shall request from the local authority a report on the child and his social background and it shall be the duty of the authority to supply the report which may contain information from any such person as the reporter or the local authority may think fit.
Where the reporter has decided that no further action on the case is required, or has taken action in pursuance of subsection (2) of this section, he shall not thereafter take action under subsection (3) of this section in relation to the same facts.
Where a child has been notified by virtue of section 35 of this Act that his case has been referred to a children's hearing, he shall be under an obligation to attend that hearing in accordance with the notification.
Without prejudice to the provisions of section 42(1) of this Act, where a children's hearing are satisfied in a case concerned with an offence mentioned in Schedule 1 to the Children and Young Persons (Scotland) Act 1937 that the attendance of a child is not necessary for the just hearing of that case, or in any case where they are satisfied that it would be detrimental to the interest of the child to be present at the hearing of his case, the case, in whole or in part, may be considered in the absence of the child.
The reporter shall be responsible for securing the attendance of a child at the hearing of his case before a children's hearing and at any subsequent hearing to which the case is continued.
For the purpose of the last foregoing subsection, or where a child fails to attend at any hearing of his case, a children's hearing may, at the instance of the reporter on cause shown, or, as the case may be, of their own motion, issue a warrant for the apprehension of the child if satisfied of the necessity for such a course, and any warrant so issued shall be authority for bringing him before a children's hearing and for his detention in a place of safety.
A child shall not continue to be detained under the last foregoing subsection—
after the day on which a children's hearing first sit to consider his case in pursuance of the next following subsection, or
for a period exceeding seven days.
Where a child is apprehended in pursuance of subsection (4) of this section, and he cannot immediately be brought before a children's hearing, the reporter shall, wherever practicable, arrange a children's hearing to sit not later than in the course of the first lawful day after the apprehension of the child.
Where a children's hearing before whom a child is brought are unable to dispose of his case and have reason to believe that the child may not attend at any hearing of his case, or at any proceedings arising from the case, or may fail to comply with a requirement under section 43(4) of this Act, they may issue a warrant requiring the child to be detained in any place of safety for such a period not exceeding twenty-one days as may be necessary.
On cause shown a warrant authorising detention under the last foregoing subsection for securing the attendance of a child at the hearing of his case, or at any proceedings arising from his case, may be renewed, on one occasion only, for the period mentioned in that subsection on the application of the reporter.
A warrant of apprehension issued under this Part of this Act may be executed in like manner as a warrant of apprehension of an accused person issued by a court of summary jurisdiction, and any enactment relating to the execution of a warrant of apprehension issued by a court of summary jurisdiction shall, with any necessary modifications, apply in relation to the execution of a warrant of apprehension issued under this Part of this Act as it applies to a warrant of apprehension issued by a court of summary jurisdiction.
A parent of a child shall have a right to attend at all stages of a children's hearing who are considering the case of his child.
When a child's case is being considered by a children's hearing his parent shall attend at all stages of the hearing unless the children's hearing are satisfied that it would be unreasonable to require his attendance or that his attendance would be unnecessary to the consideration of the case.
Any person who fails to comply with the provisions of the foregoing subsection shall be guilty of an offence and shall on summary conviction be liable to a fine not exceeding fifty pounds.
Subject to the provisions of subsections (7) and (8) of this section, at the commencement of a children's hearing, and before proceeding to the consideration of the case, it shall be the duty of the chairman to explain to the child and his parent the grounds stated by the reporter for the referral of the case for the purpose of ascertaining whether these grounds are accepted in whole or in part by the child and his parent.
Thereafter—
where the child and his parent accept the grounds stated by the reporter for the referral the hearing shall proceed;
where the child and his parent accept those grounds in part and the children's hearing consider it proper so to do the hearing may proceed in respect of the grounds so accepted; and
in any other case, unless they decide to discharge the referral, the children's hearing shall direct the reporter to make application to the sheriff for a finding as to whether such grounds for the referral, as are not accepted by the child or his parent, are established having regard to the provisions of section 32 of this Act.
It shall be the duty of the chairman of a children's hearing who have made a direction under the last foregoing subsection to explain to the child and his parent the purpose for which the application to the sheriff is being made, and to inform the child that he is under an obligation to attend the hearing of the application, and where a child fails to attend at the hearing of the application the sheriff may issue a warrant for the apprehension of the child; and any warrant so issued shall be authority for bringing him before the sheriff and for his detention in a place of safety until the sheriff can hear the application, but a child shall not be detained under this subsection for a period exceeding seven days or after the sheriff has disposed of the application.
An application under subsection (2) of this section shall be heard by the sheriff in chambers within twenty-eight days of the lodging of the application and, without prejudice to their right to legal representation, a child or his parent may be represented at any diet fixed by the sheriff for the hearing of the application.
Where a sheriff decides that none of the grounds in respect of which the application has been made has been established for the referral of a case to a children's hearing, he shall dismiss the application and discharge the referral in respect of those grounds.
Where the sheriff is satisfied on the evidence before him that any of the grounds in respect of which the application has been made has been established he shall remit the case to the reporter to make arrangements for a children's hearing for consideration and determination of the case, and where a ground for the referral of the case is the condition referred to in section 32(2)(g) of this Act, the sheriff in hearing the application shall apply to the evidence relating to that ground the standard of proof required in criminal procedure.
Where a children's hearing are satisfied that the child for any reason is not capable of understanding the explanation of the grounds of referral required by subsection (1) of this section, or in the course of, or at the conclusion of that explanation, it appears not to be understood by the child, the hearing shall, unless they decide to discharge the referral, direct the reporter to make application to the sheriff for a finding as to whether any of the grounds for the referral have been established, and the provisions of this section relating to an application to the sheriff under subsection (2)(c) thereof shall apply as they apply to an application under that subsection.
The acceptance by a parent of the grounds of referral shall not be a requirement to proceeding with a case under this section where the parent is not present.
When a children's hearing have considered the grounds for the referral of a case, accepted or established under the last foregoing section, the report obtained under section 39(4) of this Act and such other relevant information as may be available to them, they shall proceed in accordance with the subsequent provisions of this section to consider on what course they should decide in the best interests of the child.
Where a children's hearing decide that no further action is required they shall discharge the referral.
Where a children's hearing consider that further investigation in relation to a child and his history is necessary to complete their consideration of his case they may continue the case to a subsequent hearing.
For the purpose of such an investigation as aforesaid, a children's hearing may require a child to attend or reside at any clinic, hospital or establishment during a period not exceeding twenty-one days.
Where a child fails to fulfil a requirement made in pursuance of the last foregoing subsection it shall be the duty of the reporter to arrange a children's hearing to consider the issue of a warrant for his detention under section 40 of this Act.
Subject to the provisions of this Part of this Act a children's hearing, where, after the consideration of his case, they decide that a child is in need of compulsory measures of care, may make a requirement, in this Act referred to as a supervision requirement, requiring him— and a condition imposed by virtue of head (a) of this subsection may be a condition as to the place where the child is to reside, being a place other than a residential establishment, and the place may be a place in England or Wales where arrangements have been made in that behalf.
to submit to supervision in accordance with such conditions as they may impose ; or
to reside in a residential establishment named in the requirement and be subject to such conditions as they may impose;
In making a supervision requirement requiring a child to reside in a residential establishment a children's hearing shall have regard to the religious persuasion of the child.
Without prejudice to the provisions of this Part of this Act relating to the review of supervision requirements, a children's hearing may, where they are satisfied that such a course is proper, postpone the operation of a supervision requirement, but otherwise a supervision requirement shall have effect as from the date it is made.
Where it appears to a children's hearing that the functions of the education authority under section 63 of the Education (Scotland) Act 1962 (ascertainment of children suffering from disability) may require to be exercised, they shall, in addition to any other course which they may take under this section, send a report to that effect to the education authority concerned.
It shall be the duty of the local authority to give effect to a supervision requirement made by a children's hearing for their area, and a child who is subject to such a supervision requirement shall, for the purposes of sections 16 to 18, 20, 24 to 26, 28 and 29 of this Act, be in their care: Provided that where the performance of a function under any of the said sections in relation to the child requires, or would be facilitated by, the variation or discharge of the supervision requirement, the local authority shall recommend a review of the requirement under this Part of this Act.
In any case of urgent necessity in the interests of the child, or of the other children in a place, a director of social work may direct that a child who is required to reside in that place under this section be transferred to another place.
Any child transferred under the last foregoing subsection shall have his case reviewed by a children's hearing within seven days of his transfer, in accordance with the following provisions of this Act.
A supervision requirement shall be in such form as the Secretary of State may prescribe.
Where a children's hearing are of the opinion, after considering the case of any child, that an application for admission to hospital or a guardianship application under Part IV of the Mental Health (Scotland) Act 1960 should be made to the sheriff in respect of the child, they shall make a report to that effect to the mental health officer concerned.
Nothing in the provisions of the foregoing subsection shall affect the saving for arrangements for the voluntary treatment of mental disorder contained in section 23(3) of the said Act of 1960.
No child shall continue to be subject to a supervision requirement for any time longer than is necessary in his interest; and where they consider that such a requirement in respect of a child should cease to have effect or should be varied, the local authority shall refer his case to their reporter for review of that requirement by a children's hearing and, if the hearing think proper, they may terminate the requirement, or continue or vary the requirement, and in the last event they may make any such supervision requirement as may be made under section 44 of this Act.
A supervision requirement shall cease to have effect in respect of a child when he attains the age of eighteen years and accordingly, within a period of three months ending on the day on which such a requirement will cease to have effect under this subsection, the local authority concerned shall refer the case to the reporter so that a children's hearing may advise whether the child still requires supervision or guidance, and in the event of the hearing so advising, the local authority shall provide such supervision or guidance as he is prepared to accept.
Unless the context otherwise requires, any reference in this section and in the following provisions of this Act to a supervision requirement shall be construed as a reference to a supervision requirement which is for the time being in force in respect of a child.
A supervision requirement shall be subject to review by a children's hearing in accordance with the following provisions of this section.
A supervision requirement shall be reviewed by a children's hearing where a local authority so recommends.
No supervision requirement shall remain in force without review for a period extending beyond one year, and where a supervision requirement is not reviewed within the period of one year from the making or continuing of the requirement it shall cease to have effect at the expiration of that period.
At any time after the expiration of any of the following periods, that is to say— a child or his parent may require a review of the requirement.
a period of three months from the date of the making of a supervision requirement; or
a period of three months from the date of a review of a supervision requirement where such a review varies a previous requirement; or
a period of six months from the date of a review of a supervision requirement which is continued by that review,
It shall be the duty of the reporter to ensure that any review required by this section is duly made and to make any necessary arrangements arising therefrom.
Section 44 of this Act shall apply in relation to the disposal of a case by a children's hearing under this section as it applies to the disposal of a case under that section.
A child or his parent or both may, within a period of three weeks beginning with the date of any decision of a children's hearing, appeal to the sheriff in chambers against that decision, and the child or his parent or both shall be heard by the sheriff as to the reasons for the appeal.
In any such appeal it shall be the duty of the reporter to ensure that all reports and statements available to the hearing along with the reports of their proceedings and the reasons for their decision are lodged with the sheriff clerk.
The sheriff may examine the reporter and the authors or compilers of any reports or statements, and may call for any further report which he considers may assist him in deciding the appeal.
Where the sheriff decides that an appeal under this section has failed, he shall confirm the decision of the children's hearing.
Where the sheriff is satisfied that the decision of the children's hearing is not justified in all the circumstances of the case he shall allow the appeal, and—
where the appeal is against the issue of a warrant for detention he shall recall the warrant, and
in any other case, he may, as he thinks fit, remit the case with the reasons for his decision to the children's hearing for reconsideration of their decision or discharge the child from any further hearing or other proceedings in relation to the grounds for the referral of the case.
Where the sheriff is satisfied that an appeal under this section against the decision of a children's hearing at a review is frivolous, he may order that no appeal against a decision to continue the supervision requirement, which was the subject of that appeal, made on a subsequent review shall lie until the expiration of a period of twelve months beginning with the date of the order.
An appeal under this section in respect of the issue of a warrant by a children's hearing shall be disposed of within three days of the lodging of the appeal, and failing such disposal the warrant shall forthwith cease to have effect.
Where a child or his parent appeals under this section against a decision of a children's hearing in relation to a supervision requirement, the child or his parent may make application to a children's hearing for the suspension of the requirement appealed against, and it shall be the duty of the reporter forthwith to arrange a children's hearing to consider the application, and thereafter the hearing may grant or refuse the application.
Subject to the provisions of this section, an appeal shall lie to the Court of Session, by way of stated case on a point of law or in respect of any irregularity in the conduct of the case, at the instance of a child or his parent or both or of a reporter acting on behalf of a children's hearing, from any decision of the sheriff under this Part of this Act, and no other or further appeal shall be competent.
An application to the sheriff to state a case for the purpose of the foregoing subsection shall be made within a period of twenty-eight days beginning with the date of his decision.
On deciding the appeal the Court of Session shall remit the case to the sheriff for disposal in accordance with such directions as the Court may give.
No appeal shall lie under this section in respect of a decision of a children's hearing imposing a supervision requirement where the sole ground of the objection to that requirement is that the treatment prescribed thereby is inappropriate for the child.
Where the sheriff, by virtue of either of the last two foregoing sections, has remitted a case to a children's hearing for reconsideration of their decision the reporter shall arrange a children's hearing for that purpose.
A child or his parent may, within a period of seven days beginning with the date of the decision of a children's hearing on a case remitted as aforesaid, appeal against the decision, and the provisions of subsections (2) to (8) of section 49 of this Act shall apply to such an appeal as they apply to an appeal under subsection (1) of the said section.
Where a children's hearing are satisfied, in a case being heard before them, that the case could be better considered by a children's hearing for the area of another local authority, they may at any time during the course of the hearing request the reporter to arrange with the reporter of the other local authority, should he so agree, for a children's hearing to dispose of the case.
Where a case has been transferred in pursuance of the last foregoing subsection, the grounds of referral accepted or established for the case shall not require to be further accepted or established for the purpose of the children's hearing to which the case has been transferred.
Where a child who is not subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court—
instead of making an order on that plea or finding, may remit the case to the reporter of the local authority to arrange for the disposal of the case by a children's hearing; or
on that plea or finding may request the reporter of the local authority to arrange a children's hearing for the purposes of obtaining their advice as to the treatment of the child.
Where a court has acted in pursuance of paragraph (b) of the foregoing subsection, the court, after consideration of the advice received from the children's hearing may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.
Where a child who is subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court shall request the reporter of the local authority to arrange a children's hearing for the purpose of obtaining their advice as to the treatment of the child, and on consideration of that advice may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.
Where a court has remitted a case to the reporter under this or the next following section, the jurisdiction of the court in respect of the child or person shall cease, and his case shall stand referred to a children's hearing.
Where a court has remitted a case of a child or person as aforesaid, a certificate signed by the clerk of the court stating that the child or person has pleaded guilty to, or has been found guilty of, the offence to which the remit relates shall be conclusive evidence for the purpose of the remit that that offence has been committed by the child or person.
Nothing in the provisions of this or the next following section shall apply to a case in respect of an offence the sentence for which is fixed by law.
Where a person who is not subject to a supervision requirement but is a person over the age of sixteen, and is not within six months of attaining the age of eighteen, is charged summarily with an offence and pleads guilty to, or has been found guilty of, that offence the court on that plea or finding may request the reporter of the local authority to arrange a children's hearing for the purpose of obtaining their advice as to the treatment of the person, and on consideration of that advice, the court may, as it thinks proper, itself dispose of the case or, where the hearing have so advised, remit the case to the reporter of the local authority for the disposal of the case by a children's hearing.
Where a court has remitted a case under the foregoing subsection the provisions of this Part of this Act shall apply to that person as if he were a child.
Subject to the provisions of this section, no report of any proceedings in any children's hearing, or of any proceedings before the sheriff under section 42 of this Act, or of any appeal under this Part of this Act, which is made in a newspaper or a sound or television broadcast shall— of any child in any way concerned in a hearing and no picture shall be published in any newspaper or television broadcast as being or including a picture of a child concerned as aforesaid.
reveal the name, address or school; or
include any particulars calculated to lead to the identification,
Any person guilty of any offence against this section shall on summary conviction be liable to a fine not exceeding two hundred and fifty pounds in respect of each offence.
The Secretary of State may in any case, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (1) of this section to such extent as may be specified in the order.
This section shall extend to England and Wales.
Without prejudice to their duties under sections 12 and 13A of this Act, it shall be the duty of a local authority to provide and maintain such residential and other establishments as may be required for their functions conferred under or by virtue of this Act sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) , Part 2 of the Children (Scotland) Act 1995 (c.36) , the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011 (asp 1), or arrange for the provision of such establishments.
For the purpose of discharging their duty under the foregoing subsection a local authority may—
themselves provide such establishments as aforesaid; or
join with another local authority in providing those establishments; or
secure the provision of such establishments by voluntary organisations or other persons including other local authorities.
Section 59 of the Social Work (Scotland) Act 1968. Such period not exceeding sixty years as may be sanctioned by the Secretary of State.
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The Secretary of State may make regulations as to the conduct of residential and other establishments and for securing the welfare of persons resident or accommodated in them, and, without prejudice to the generality of those regulations, they may provide— and may contain different provisions for different classes of establishments and different categories of persons.
for the construction of, and the accommodation provided in, those establishments, and their equipment, maintenance and management;
for the classification, treatment and control of persons resident therein or attending thereat;
for the inspection of those establishments and the visiting of persons from time to time by visitors appointed in accordance with the regulations ;
for notice to be given to the Secretary of State or the local authority with which the person carrying on any such establishment is registered under any enactment of any change of the person in charge of the establishment ;
for requirements, in the case of children, as to the facilities which are to be given for them to receive a religious upbringing appropriate to the .persuasion to which they belong;
for making available in any of those establishments any service authorised by the National Health Service (Scotland) Act 1947;
In the foregoing subsection, the expression " treatment" includes training, education and occupation, but does not include medical treatment.
Where any regulation made in pursuance of this section provides that this subsection shall have effect in relation to the regulation, any person who contravenes or fails to comply with the regulation or any requirement or direction under it shall be liable on summary conviction to a fine not exceeding fifty pounds.
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— secure accommodation . . .
providing;
joining with another local authority in providing; or
contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of
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.
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The establishments to which the following provisions of this Part of this Act apply are any residential or other establishment the sole or main object of which is to accommodate persons for the purposes of this Act, whether for reward or not, not being premises controlled or managed by a Government department or by a local authority, or required to be registered, or premises in respect of which a person is required to be registered, with a Government department or a local authority under any other enactment.
An establishment shall not be carried on by any person unless he is for the time being registered in respect of it in a register kept for the purposes of this section by a local authority or, as the case may be, by the Secretary of State.
Any person who carries on an establishment in contravention of the provisions of subsection (2) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty pounds and in the case of a second or subsequent conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both such imprisonment and such fine.
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Subject to the next following section, an application for registration in respect of an establishment under this section shall be made by the person intending to carry on the establishment to the local authority in the area of which the establishment is situated.
The application shall be in such form and shall include information about such matters as may be prescribed by the Secretary of State, and the Secretary of State may prescribe different requirements for the applications for different classes of establishments.
Subject to the provisions of this section, the local authority shall, on receipt of an application under subsection (1) of this section, register the applicant in respect of the establishment named in the application and issue to him a certificate of registration: Provided that the local authority may refuse to register the applicant if they are satisfied—
that he or any person employed or proposed to be employed by him in the management of the establishment or any part thereof is not a fit person, whether by reason of age or otherwise, to carry on or to be so employed at an establishment of such a description as the establishment named in the application; or
that for reasons connected with situation, construction, state of repair, accommodation, staffing or equipment, the establishment or any premises used in connection therewith are not fit to be used for an establishment of such a description as aforesaid; or
that the way in which it is proposed to conduct the establishment is such as not to provide services or facilities reasonably required by persons resorting to such an establishment.
The local authority may at any time cancel the registration of a person in respect of an establishment on any ground which would entitle them to refuse an application for the registration of that person in respect of that establishment, or on the ground that that person has been convicted of an offence against this section or against any regulations under this Part of this Act relating to the conduct of establishments, or on the ground that any other person has been convicted of such an offence in respect of that establishment.
It shall be a condition of the registration of any person in respect of an establishment that the number of persons accommodated at any one time in the establishment (excluding persons carrying on or employed in the establishment and their families) does not exceed such number as may be specified in the certificate of registration; and without prejudice to the foregoing provision, the registration may be effected subject to such conditions (to be specified in the certificate) as the local authority consider appropriate for regulating the category of persons who may be received in the establishment.
If any condition imposed by or under the last foregoing subsection is not complied with, the person carrying on the establishment shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, in the case of a second or subsequent conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment, and without prejudice to the foregoing provision the power of the local authority to cancel registration under subsection (4) of this section shall include power to cancel the registration on the ground that any such condition has not been complied with.
The certificate of registration under this section issued in respect of any establishment shall be kept affixed in a conspicuous place in the establishment; and if default is made in complying with this subsection the person carrying on the establishment shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further fine not exceeding two pounds in respect of each day during which the offence continues after conviction.
Notwithstanding anything in subsection (1) of this section, where the person registered under this section in respect of an establishment dies, his executor or his widow or any other member of his family may for a period not exceeding four weeks from his death, or such longer period as the local authority may sanction, carry on the establishment without being registered in respect thereof.
Where an offence against this or the last foregoing section or any regulations under this Part of this Act relating to establishments has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
The registers kept for the purposes of this section shall be available for inspection at all reasonable times, and a person inspecting any such register shall be entitled to make copies of entries therein.
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The Secretary of State may direct that applications for registration in respect of any establishment or any class of establishment shall be made to him and accordingly the provisions of the last foregoing section shall apply in relation to any such registration and to an application therefor with the substitution for any reference to a local authority of a reference to the Secretary of State.
Where in pursuance of this section the Secretary of State registers a person in respect of an establishment, or cancels such a registration, he shall notify the local authority in whose area the establishment is situated.
The Secretary of State may direct that persons registered with him in respect of any establishment or class of establishment under this section shall cease to be so registered and shall be registered by the appropriate local authority under this Part of this Act.
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Not less than fourteen days before refusing an application for registration or cancelling any registration under this Part of this Act, the local authority or, as the case may be, the Secretary of State shall send by recorded delivery service to the applicant or to the person registered, as the case may be, notice of their intention.
Every such notice shall state the grounds on which the local authority or the Secretary of State intend to refuse or cancel the registration and shall contain an intimation that if within fourteen days after the receipt of the notice the applicant or person registered, as the case may be, informs the authority or the Secretary of State in writing of his desire to show cause, in person or by a representative, why the registration should not be refused or cancelled, as the case may be, the authority or the Secretary of State shall, before carrying out their intention, afford him an opportunity so to do.
If the local authority or the Secretary of State, after giving the applicant or person registered, as the case may be, an opportunity of being heard by them, decide to refuse the application for registration, or to cancel the registration, they shall send a notice to that effect by recorded delivery service to the applicant or person registered, as the case may be.
A person aggrieved by a notice of a local authority or of the Secretary of State refusing an application for registration under this Part of this Act or cancelling any registration thereunder may appeal to an appeal tribunal established by Schedule 5 to this Act; and the cancellation of any registration shall not take effect until the expiration of the time within which an appeal may be brought under this subsection or, where such an appeal is brought, before the determination of the appeal.
Any appeal under this section shall be brought within twenty-one days from the date of the notice to which the appeal relates.
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Where— a local authority where the person carrying on the establishment is registered, or ought to be so registered, with them may, notwithstanding that the time for any appeal under the last foregoing section has not expired or that such an appeal is pending, forthwith remove from the establishment all or any of the persons for whom accommodation is being provided therein ; or, in the case of an establishment in respect of which the person carrying it on is registered with him or ought to be so registered, the Secretary of State may in the like circumstances require the local authority in whose area the establishment is situated so to act, and the local authority shall comply with that requirement.
an establishment is carried on in contravention of section 61 of this Act; or
notice of intention to cancel the registration in respect of an establishment has been given in pursuance of the last foregoing section;
In any case of urgent necessity the Secretary of State may exercise the power conferred on him by the foregoing subsection in respect of any establishment.
For the performance of the functions of a local authority under subsection (1) of this section, any person authorised in that behalf by the authority may, on producing, if so required, a duly authenticated document showing his authority to do so, enter any premises in which the establishment in question is being carried on.
Any person who obstructs the exercise of a power conferred by the last foregoing subsection shall be liable on summary conviction to a fine not exceeding ten pounds in the case of a first offence or fifty pounds in the case of a second or any subsequent offence.
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Subject to the next following subsection, it shall be the duty of the person in charge of an establishment to send to the local authority or, as the case may be, the Secretary of State such particulars of the establishment and the persons accommodated or to be accommodated therein as the Secretary of State may from time to time prescribe, and the Secretary of State may prescribe different particulars for different classes of establishments.
A person in charge of an establishment shall comply with the provisions of the foregoing subsection—
within three months from the date on which the establishment was first carried on ; and
in every year (other than the year in which the establishment was first carried on) before such date as may be prescribed.
Where the Secretary of State varies the prescribed particulars to be furnished under subsection (1) of this section as respects establishments, then—
the person in charge of an establishment shall send the prescribed particulars to the local authority or, as the case may be, to the Secretary of State within three months from the date of the variation; and
as respects an establishment which was first carried on before, but not more than three months before, the date of the variation, paragraph (a) of the foregoing subsection shall not apply ; and
paragraph (b) of the foregoing subsection shall not apply as respects the year in which the variation is made.
A person who fails to furnish particulars in accordance with the foregoing provisions of this section shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further fine not exceeding two pounds in respect of each day during which the failure continues after conviction.
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Any duly authorised officer of a local authority may in the area of that authority enter any establishment where the person carrying on the establishment is registrable under section 62 of this Act for the purpose of making such examinations into the state and management of the place, and the condition and treatment of the persons in it, as he thinks necessary, and for the purpose of inspecting any records or registers required to be kept therein by virtue of this Part of this Act, and the provisions of subsections (2), (4) and (5) of section 6 of this Act shall apply in relation to an officer acting in pursuance of this section as they apply in relation to an officer of the Secretary of State acting in pursuance of that section.
Any such officer as aforesaid may at all reasonable times exercise the like powers of entry and inspection conferred on him by the foregoing subsection in respect of any place in the area of the local authority which is used or which that officer has reasonable cause to believe is being used as an establishment in respect of which the person carrying it on is registrable under section 62 of this Act.
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It shall be the duty of local authorities from time to time to cause persons in establishments in their area to be visited in the interests of the well-being of the persons, and any person authorised in that behalf by a local authority may on producing if so required a duly authenticated document showing his authority to do so, enter any establishment in the area of the authority for the purpose of visiting the persons in the establishment.
Any person authorised in that behalf by a local authority may, on producing, if so required, such a document as aforesaid, enter any establishment outside the area of the authority for the purpose of visiting children in the establishment who are in the care or under the supervision of the authority under Part II or Part III of this Act or persons who are receiving assistance from the authority under this Act.
Any person who obstructs the exercise of a power conferred by this section shall be liable on summary conviction to a fine not exceeding ten pounds in the case of a first offence or fifty pounds in the case of a second or any subsequent offence.
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If a child— he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.
absconds from a place of safety in which he has been detained by virtue of this Act, or
absconds from the control of a person under which he has been placed by a supervision requirement or by virtue of rules made by the Secretary of State under section 45 of this Act,
A child arrested in pursuance of this section shall be brought back—
in a case falling within paragraph (a) of subsection (1), to the place of safety,
in a case falling within paragraph (b) of that subsection, to the person under whose control he has been placed.
If, in the case of a child required to be brought back in pursuance of the last foregoing subsection— is unwilling or unable to receive him, the child shall be detained in a place of safety until the Principal Reporter has considered, in pursuance of section 37 of this Act, whether the child may be in need of compulsory measures of care, or as the case may be, until he can be brought before a children’s hearing for the consideration of his case or for a review of the supervision requirement to which he is subject.
the occupier of the place of safety, or
the person under whose control he has been placed,
A children’s hearing arranged for the purposes of the last foregoing subsection shall meet within a period of seven days from the date of the commencement of the detention of the child, and no child shall be detained under that subsection after the hearing have met or beyond that period.
In this and the next following section any reference—
to a child absconding includes a reference to his being unlawfully taken away;
to a child absconding from a place or from the control of a person includes a reference to his absconding while being taken to, or awaiting being taken to, that place or that person as the case may be.
“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,
absconds from the establishment in which he resides; or
absconds from any hospital or other institution in which he is temporarily residing; or
being absent on leave from the residential establishment, either runs away from the person in whose charge he is or fails to return to the establishment at the end of his leave;
. . .
“young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.
in a case falling within paragraph (b) to the place from which he absconded; or
where he has run away from the person mentioned in paragraph (c), to that person; or
in any case, to the residential establishment ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.
Any person who knowingly— shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
assists or induces or persistently attempts to induce a child so to act as to be liable to be brought back in pursuance of either of the two last foregoing sections, or
harbours or conceals a child so liable or prevents him from returning to a place or person mentioned in either of those sections,
Where a children’s hearing are satisfied that a child in respect of whom a supervision requirement under section 44(1)(a) of this Act is in force proposes to reside or is residing in England or Wales or in Northern Ireland they may either—
discharge the supervision requirement; or
send notification of the requirement in which the child proposes to reside or is residing.
in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);
in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).
A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement—
if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;
if he is over the age of fourteen years, a probation order; or
in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.
A youth courtto which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 12A, 12AA, 12B or 12Cof the Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made; and in relation to a supervision order made by virtue of this subsection—
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section 17 of that Act shall have effect as if in paragraph (a) the references to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.
Where a case is disposed of by a youth court or, as the case may bejuvenile court in pursuance of this section in respect of a child subject to a supervision requirement, the requirement shall cease to have effect.
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An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.
Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.
discharge the probation order or supervision order; or
send notification of that order to the Principal Reporter
For the purposes of a children’s hearing arranged in pursuance of the foregoing provisions of this section the notification by a . . . court of a probation order or supervision order shall be conclusive evidence of the existence of that order in relation to the child.
Where a court in England or Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales); and where the court makes a supervision order by virtue of this subsection—
the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting;
the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act; and
the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the Principal Reporter shall apply accordingly.
When a children’s hearing have disposed of a case referred to them under this section the probation order or the supervision order in respect of the child shall cease to have effect.
Where a children’s hearing are satisfied that the parent of a child who is required to reside in a residential establishment under a supervision requirement made under section 44(1)(b) of this Act proposes to reside or is residing in England or Wales or in Northern Ireland they shall review the requirement, and on such review they may as they think proper—
discharge the supervision requirement;
continue the supervision requirement;
vary the supervision requirement by making a supervision requirement under subsection (1)(a) of the said section 44 and send notification of that requirement in accordance with section 72(1)(b) of this Act; or
make a report on the case to the Secretary of State with a recommendation for the transfer of the child in accordance with the following provisions of this section.
If the Secretary of State is for any reason unable to accept a recommendation for the transfer of a child made under paragraph (d) of subsection (1) of this section, he may refer the matter back to the children’s hearing for their reconsideration of the case, or himself discharge the supervision requirement.
Where such a recommendation is made and is not dealt with under subsection (2) of this section, the Secretary of State may make an order transferring the child to the care of the managers of a school . . . in Northern Ireland, being . . . , a training school within the meaning of the Children and Young Persons Act (Northern Ireland) 1950 or, . . . , committing him to the care of the local authority or, as the case may be, of the welfare authority in whose area the parent of the child proposes to reside or is residing.
The provisions of . . . the said Act of 1950 shall apply to any order under this section transferring a child to the care of the managers of . . . a training school as if it were . . . a training school order made by a court on the date on which the supervision requirement was originally made under section 44 of this Act in respect of the child: Provided that—
notwithstanding anything in . . . section 75 of the said Act of 1950, the order under this section shall not be authority for his detention in . . . a training school after he has attained the age of eighteen years,
the contributions to be made in respect of him under . . . section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.
An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.
An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the Children Act 1989, but as if section 31(8) were omitted.
suffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or
Where . . . the Secretary of State is satisfied that the parent of a child who is subject to an . . . training school order or an order under section 74(3) of this Act relating to a training school proposes to reside or is residing in Scotland, he may refer the case to the Principal Reporter and if the case is so referred the Principal Reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.
Where a child has been committed to the care of a local authority in England or Wales by a care order (other than an interim order) within the meaning of the Children Act 1989 or an order under section 74(3) of this Act, or committed to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order underthe said section 74(3) and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the Principal Reporter shall arrange a children’s hearing accordingly.
Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . training school order or order under the said section 74(3) relating to a training school or, as the case may be, of the order committing the child to the care of the local or other authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.
" contributor " and " contribution order " have the meanings respectively assigned to them by sections 78 and 80 of this Act,
When a children’s hearing have disposed of a case referred to them under this section the order under the said section 74(3) or of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.
any hospital vested in the Secretary of State under the National Health Service (Scotland) Act 1947,
“remand home” has the meaning assigned to it by section 78(1) of the Criminal Justice (Scotland) Act 1949.
A local authority may pay– 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.
to a member or possible member of the children’s panel,
to a member of the Children’s Panel Advisory Committee,
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”. In section 87(2)
“mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),
“welfare authority” means a welfare authority constituted under the Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.
A children’s hearing or . . . court, in exercising any jurisdiction under this Part of this Act in respect of a child, may proceed in the absence of the child or his parent or both.
It shall be the duty of the Principal Reporter at any children’s hearing arranged for the purposes of section 72 of this Act and of the clerk to any . . . court referring a case to the Principal Reporter for the purposes of section 73 of this Act to ensure that all documents relating to the case or certified copies thereof are transmitted to the . . . court or, as the case may be, to the Principal Reporterto which the case stands referred.
Where a child is to be transferred from a residential establishment in Scotland to any place in England or Wales or in Northern Ireland under this Part of this Act, it shall be the duty of the local authority responsible for the child to ensure the transfer of the child to that place.
Where a children’s hearing is arranged under this Part of this Act in respect of a child subject to an . . . training school order or order under section 74(3) of this Act relating to a training school or committed to the care of a local authority in England or Wales or of an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland, it shall be the duty of the managers . . . of the training school or, as the case may be, of that local or other authority to ensure the transfer of the child to the place notified to them by the Principal Reporter.
“Child” in this Part of this Act means—
for the purpose of sections 69 to 71, a child within the meaning of Part III of this Act,
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for any other purpose, a person under eighteen.
“Parent” in this Part of this Act includes a guardian.
Where a child is being looked after by a local authority or a compulsory supervision order to which this Part of this Act applies has been made in respect of him, contributions in respect of the child (hereinafter in this Part of this Act referred to as the “maintainable child”) shall be payable—
while the maintainable child is under sixteen years of age, by any natural person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him;
if he is over sixteen years of age . . . , by the maintainable child himself.
This Part of this Act applies to any compulsory supervision order which requires the child concerned to reside in a place or places other than his own home.
In this Part of this Act “contributor” means a person liable to make contributions by virtue of subsection (1) of this section in respect of a maintainable child.
No contributions shall be payable under subsection (1)(a) of this section by a contributor during a period when he is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, income support , an income based jobseeker’s allowance (payable under the Jobseekers Act 1995) , an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or family credit.
Subject to the provisions of the following subsection, contributions payable under the last foregoing section shall be payable to the local authority within whose area the contributor is residing, and shall, in the case of contributions paid in respect of a maintainable child looked after by a local authority, other than the authority to whom the contributions are payable as aforesaid, be paid over by the last-mentioned authority to that other authority, but subject to such deductions in respect of services rendered by the local authority to whom the contributions were payable as may be agreed between the authorities concerned or as, in default of agreement, may be determined by the Secretary of State.
Where a contributor is for the time being residing in England or Wales or Northern Ireland contributions payable by him under the last foregoing section shall be payable to the local authority looking after the child.
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.
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 standard contribution determined by them in respect of maintainable children who are looked after by them; or
such other contribution as they consider reasonable in the circumstances.
Where a child becomes a maintainable child by virtue of being looked after by a local authority, any court of summary jurisdiction, having jurisdiction in the place where the contributor is for the time being residing, may, on the application of the local authority, at any time make an order on any contributor, hereinafter in this Act referred to as a contribution order, for weekly contributions in respect of the child of such amount as the court thinks proper.
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Any order made under the last foregoing subsection shall be an authority to the person by whom the pension or income is payable to make the payment so ordered and the receipt of the local authority for the time being entitled to receive the contributions shall be a good discharge to the person by whom the pension or income is payable.
Subject to the following provisions of this section, a contribution order in respect of a maintainable child shall remain in force throughout the period during which he is looked after by a local authority
if the child is in the care of a local authority under Part II of this Act, so long as he remains in their care under that Part;
if the child is a maintainable child by virtue of a supervision requirement, so long as that requirement is in force.
No contribution shall be payable, by virtue of a contribution order by a contributor who , being a natural person, has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the maintainable child, in respect of any period after the maintainable child becomes sixteen.
A contribution order may be revoked or varied by any court of summary jurisdiction having jurisdiction in the place where the contributor is for the time being residing and shall be enforceable in like manner as a decree for aliment.
Where a contributor resides in England or Wales or Northern Ireland this section shall have effect as if for any reference to a court of summary jurisdiction having jurisdiction in a place where the contributor is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority looking after the child.
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Where a decree for aliment of a maintainable child is in force, on the application of the local authority concerned, any court of summary jurisdiction having jurisdiction in the place where the person liable under the decree is for the time being residing may, at any time, order the payments under the decree . . . to be paid to the local authority who are from time to time entitled under either of the last two foregoing sections to receive contributions in respect of the child.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . where an order made under this section in respect to a decree for aliment is in force any sums received under the decree for aliment shall be applied in like manner as if they were contributions received under a contribution order.
In this section the local authority concerned means the local authority which may make application for a contribution order in respect of a child under the last foregoing section;
where the person liable to pay aliment for a child under a decree is resident in England or Wales or Northern Ireland, subsection (2) of this section shall have effect as if for the reference to a court of summary jurisdiction having jurisdiction in the place where that person is for the time being residing, there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority concerned.
Where, by virtue of an order or decree made under either of the last two foregoing sections, any sum is payable to a local authority, the local authority in whose area the person liable under the order or decree is for the time being residing, or, as the case may be, the local authority looking after the child to whom the order or decree relates, shall be entitled to receive and give a discharge for, and, if necessary, enforce payment of, any arrears accrued due under the order or decree, notwithstanding that those arrears may have accrued at a time when he was not resident in that area or, as the case may be, when the authority were not entitled to sums payable under the order or decree.
In any proceedings under either of the last two foregoing sections, a certificate purporting to be signed by the clerk to a local authority for the time being entitled to receive contributions, or by some other officer of the authority duly authorised in that behalf, and stating that any sum due to the authority under an order or decree is overdue and unpaid, shall be sufficient evidence of the facts stated therein.
Where a child is by virtue of a compulsory supervision order removed from the care of any person and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the child, on the application of the local authority concerned any court of summary jurisdiction, having jurisdiction in the place where that person is for the time being residing, may at any time order the whole or any part of the sums so payable under the trust to be paid to the local authority, to be applied by the authority for the benefit of the child in such manner as, having regard to the terms of the trust, the court may direct.
Where the person in whose care a child has been residing is for the time being residing in England or Wales or Northern Ireland the foregoing subsection shall have effect as if for the reference to a court having jurisdiction in the place where that person is residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority looking after the child.
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.
Where any functions are transferred to a local authority by virtue of this Act all property, rights, liabilities and obligations relating to the performance of those functions which immediately before the date of transfer were the property, rights, liabilities and obligations of the body or person from which the functions are transferred shall on that date be transferred to and vest in the local authority or, as the case may be, the local authorities to which the functions have been transferred, and the provisions of Schedule 6 to this Act shall have effect for the purposes of this section.
The Secretary of State shall provide by regulations for the transfer of existing officers of local authorities and of probation committees affected by the coming into operation of this Act and such regulations shall contain such provisions for the protection of the interests of any such existing officers as he may consider necessary.
Without prejudice to their generality, regulations under the foregoing subsection may include provision for the determination by the Secretary of State of questions arising out of the allocation of existing officers of a probation committee to any of the local authorities in whose area the area, or part of the area, of that committee is situated immediately before the commencement of this Act.
The Secretary of State may make regulations for the extending, with such modifications as may be specified in the regulations, of the provisions of the Local Government Superannuation (Scotland) Acts 1937 to 1953, or of any local Act scheme within the meaning of those Acts, to such existing officers of local authorities and of probation committees as are transferred by virtue of this Act or for modifying in respect of such officers, as may be so specified, the provisions of the said Acts or any such scheme.
The Secretary of State shall make regulations providing for the payment by such authorities or other persons as may be prescribed by, or determined under the regulations, but subject to such exceptions or conditions as may be so prescribed, of compensation to or in respect of persons who are the holders of any such place, situation or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the provisions of this Act.
Regulations under the last foregoing subsection may include provision as to the manner in which and the person to whom any claim for compensation under this section is to be made, and for the determination of all questions arising under the regulations.
Different regulations may be made under this section in relation to different classes of persons and different circumstances, and any such regulations may be so framed as to have effect as from a date earlier than the making thereof, so however that so much of any regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person (other than the person responsible for the payment of compensation) in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date of the making thereof.
Any regulations made under this section may apply to such officers of approved school managers as the Secretary of State may specify in the regulations.
In this section—
are hereby transferred to the local authorities of those areas.
“continuing attorney”—
Any expenditure which apart from this section would fall to be borne by a local authority— shall be recoverable from the other local authority, and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales and to a Health and Social Care trust in Northern Ireland.
in the provision under this Act , or under section subsection 25 of the Children (Scotland) Act 1995, of accommodation for a person ordinarily resident in the area of another local authority, or
in the provision under Part II of this Act , or under or by virtue of Part II of the said Act of 1995 or under or by virtue of the Children’s Hearings (Scotland) Act 2011, of services and facilities for a person ordinarily so resident (including, in the case of a child, any expenses incurred after he has ceased to be a child, and, in the event of another local authority taking over, under section 25(4) of the Act of 1995, the provision of accommodation for him, including also any travelling or other expenses incurred in connection with the taking over),
for the conveyance of a person ordinarily resident as aforesaid, or
in making a payment under section 12B of this Act in relation to the provision of a service direct payment under the Social Care (Self-directed Support) (Scotland) Act 2013 for the purpose of arranging for the provision of support within the meaning of section 5 or 8 of that Act for a person ordinarily so resident; or
in administering a compulsory supervision order or interim compulsory supervision order in respect of a person ordinarily resident as aforesaid, or
in the provision, for persons ordinarily so resident, of services under section 25 (care and support services for persons who have or who 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);
Any question arising under this section as to the ordinary residence of a person shall , in a case where there is a dispute about the application of any of paragraphs 1 to 4 of Schedule 1 to the Care Act 2014 (cross-border placements), be determined in accordance with paragraph 5 of that Schedule; and in any other case, the question shall be determined by the Secretary of State, and the Secretary of State may determine that a person has no ordinary residence.
In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he is provided with accommodation under this Act or under sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), any period during which he was a patient in a hospital forming part of the hospital and specialist services provided under sections 2 and 3 of the National Health Service Act 2006, sections 2 and 3 of the National Health Service (Wales) Act 2006 or Part II of the National Health Service (Scotland) Act 1978 or in a hospital managed by a National Health Service trust established under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 or section 12A of the National Health Service (Scotland) Act 1978 health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) or, in the case of a child, any period during which he resided in any place as an inmate of a school or other institution, or in accordance with the requirements of a compulsory supervision order or interim compulsory supervision order, supervision order , community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995, , youth rehabilitation order or probation order or the conditions of a recognizance, or while boarded out under this Act or under . . . the Children and Young Persons (Scotland) Act 1937 by a local authority or education authority or placed with local authority foster parents under the Children Act 1989 or provided with accommodation under paragraph (a) of, or by virtue of paragraph (c) of, section 26(1) of the Children (Scotland) Act 1995 shall be disregarded.
This subsection applies where a local authority (“the responsible authority”) performs a function under— by making arrangements with a person (“the provider”) in terms of which the provider undertakes to accommodate, or to secure accommodation for, another person.
this Act;
Part II of the Children (Scotland) Act 1995 (c. 36); ...
section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),
the Children’s Hearings (Scotland) Act 2011
Where subsection (4) applies—
any expenditure incurred under the arrangements by a provider which is a local authority is recoverable from the responsible authority; and
any period during which the person is accommodated under the arrangements is to be disregarded in determining the person's ordinary residence for the purposes of subsection (1) of this section.
The Scottish Ministers may make regulations specifying circumstances in which a local authority (“the providing authority”) may recover from another local authority (“the other authority”) expenditure which the providing authority incurs in the provision of services or facilities under arrangements made with the other authority for the purpose of enabling that other authority to perform a function under—
this Act;
Part II of the Children (Scotland) Act 1995 (c. 36); ...
section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
the Children’s Hearings (Scotland) Act 2011.
The Scottish Ministers may make regulations specifying circumstances which must be taken into account, or disregarded, when determining a person's ordinary residence for the purposes of subsection (1) of this section (and such regulations may modify subsection (2), (3) and (5)(b) of this section).
Regulations made under subsection (6) or (7) of this section may—
make different provision for different cases and for different persons;
include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit.
Despite section 90(2) of this Act, no statutory instrument containing regulations made under subsection (7) of this section which includes provisions which modify this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
References in subsections (4) to (6) of this section to a local authority which is providing accommodation, service or facilities include references to a local authority in England or Wales and to a Health and Social Care trust in Northern Ireland.
A person who, as a result of Schedule 1 to the Care Act 2014 (cross-border placements), is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be) is to be treated as ordinarily resident in that area for the purposes of this section.
A person who, as a result of that Schedule, is not treated as ordinarily resident anywhere in England or Wales (as the case may be) is not to be treated as ordinarily resident there for the purposes of this section.
In this section—
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.
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.
If a person— the authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.
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
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,
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.
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.
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).
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).
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.
The modifications are—
subsection (1) applies as if—
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
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
subsection (1A) applies as if the reference to the authority providing the service were to a local authority mentioned in subsection (1C).
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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).
The modifications are that subsection (4) applies as if—
and that section 22 applies as if—
and that section 26 applies as if—
for subsection (4) there were substituted—
Where— the parents of the child shall keep the local authority responsible for the supervision or care of the child informed of the parents' address.
a child is received into the care of a local authority under Part II of this Act; or
he is subject to a supervision requirement,
The parent of a child to whom the foregoing subsection relates and who knowingly fails to comply with the requirements of that subsection shall be liable on summary conviction to a fine of ten pounds; but in any proceedings under this section it shall be a defence that the accused was at the material time residing at the same address as the other parent and had reasonable cause to believe that the other parent kept the local authority responsible for the supervision or the care of the child informed of the address of both parents.
A father who is making any payment to a local authority by virtue of any order or decree under Part VI of this Act shall be regarded as a parent for the purposes of this section.
any children's hearing constituted and arranged in pursuance of this Act, and
any appeal tribunal established under Schedule 5 to this Act,
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.
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.
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.
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.
There shall be defrayed out of moneys provided by Parliament—
any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
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.
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.
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).
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.
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– in relation to persons suffering from mental illness.
Part II of this Act; and
sections 25 to 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003,
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.
In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—
“supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.
Subject to paragraph 5B below,each local authority shall form a Children’s Panel Advisory Committee consisting of two members nominated by the local authority and three members nominated by the Secretary of State . . .
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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.
It shall be the duty of the Children’s Panel Advisory Committee—
to submit names of possible panel members to the Secretary of State;
to advise the Secretary of State as required on the suitability of persons referred to him as possible members; and
to advise the Secretary of State on such matters relating to the general administration of panels as he may refer to them.
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“functions” shall include powers and duties,
“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;
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.
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.
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.
The enactments described in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
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.
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.
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Section 86 of this Act shall extend to England and Wales and to Northern Ireland.
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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.
This Act (except this section) shall come into operation on such date as the Secretary of State may by order appoint.
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.
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.
This Act may be cited as the Social Work (Scotland) Act 1968.
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After section 1 there shall be inserted the following section—.
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 ". In section 2(3), after paragraph (e) there shall be added the following paragraph— Section 2(6) and (7) shall be omitted.
In section 9, after the word " foster-child " there shall be inserted the words " for reward ".
Section 31.
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.
Any reference to a court of summary jurisdiction or to a juvenile court . . . shall be construed as a reference to the sheriff sitting summarily.
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In section 41, for subsection (1) there shall be substituted the following subsection— 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 ".
For section 43 there shall be substituted the following section—
In section 44, after the word " child" where first occurring there shall be inserted the words " under fourteen years of age ".
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”.
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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 ".
For section 50 there shall be substituted the following section—
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 For subsection (2) there shall be substituted the following subsection—
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 ".
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 ".
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 ".
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. "
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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”.
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For section 67 there shall be substituted the following section—
Section 33.
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.
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.
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—
the first, second and fourth additional members, by the Secretary of State;
the third and fifth additional members, by the local authority
The Children’s Panel Advisory Committee shall have power— 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.
to appoint sub-committees;
to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and
to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;
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”). 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. 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. 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.
includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's property or financial affairs and having continuing effect despite the granter's incapacity,
The Secretary of State may make such arrangements as he considers appropriate to recruit and train members or possible members of children’s panels.
Each local authority shall make such arrangements as they consider appropriate—
to enable the Children’s Panel Advisory Committee to obtain names for submission to the Secretary of State as possible panel members, and
to train panel members or possible panel members.
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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—.
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 ". shall be available in connection with— 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 In subsection (3), at the end there shall be inserted the following paragraph—. In subsection (4), at the end there shall be added the following paragraphs—. After subsection (5), there shall be inserted the following subsection— 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 ".
In section 20(1), after the word "requires—" there shall be inserted the following definition—and after the definition of " member of the forces ", there shall be inserted the following definition— .
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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.
No officer of any. Government department shall be qualified to be appointed to the panel.
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.
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.
The Secretary of State may—
pay to members of tribunals constituted as aforesaid such fees and allowances as he may with the consent of the Treasury determine,
defray the expenses of such tribunals up to such amounts as he may with the like consent determine.
The Secretary of State may make rules— 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.
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.
Section 84.
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.
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.
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.
The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.
In this Schedule— 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.
“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
“transferee” means a local authority to whom a function or any property, right, liability or obligation has been so transferred,
Section 93.
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— 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. 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.
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— 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. 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.
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.
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— 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. 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. 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.
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. 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.
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.
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.
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.
In this Schedule the following expressions have the meanings assigned to them—
“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,
in the case of a supervision order made by virtue of sections 189(4) and 390(4) of the Criminal Procedure (Scotland) Act 1975 to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the Principal Reporter has received by virtue of section 76 of this Act;
in any other case.
Section 95(1).
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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 ".
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 ".
In section 107(1), after the definition of " street" there shall be inserted the following definition—,
In section 38(3), for the words “an approved school” there shall be substituted the words “a residential establishment where education is provided”.
After section 101(2) there shall be inserted the following subsection—
In section 103(1), for the words “whether charged with an offence or not” there shall be substituted the words “charged with an offence”. After subsection (1), there shall be added the following subsection— After subsection (4), there shall be added the following subsection—
“Place of safety” has the same meaning as in the Social Work (Scotland) Act 1968 ; and after the definition of “Remand” there shall be inserted the following definition “Residential establishment” has the same meaning as in the Social Work (Scotland) Act 1968.
In section 15(1), after paragraph (f) there shall be inserted the following paragraph— 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”.
In section 27, at the end there shall be added the following subsection—
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”.
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” .
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In section 65, at the end, there shall be added the following paragraph—
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In section 3, in subsections (4) and (6), for the words " the probation officer or officers " there shall be substituted the words " any officer ".
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 ".
For section 8(1) there shall be substituted the following subsection—.
In section 9(1), for the word " seventeen" there shall be substituted the word " sixteen ".
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 ".
In section 28(1), for the paragraphs (a) to (c) there shall be substituted the following paragraphs—. For subsections (3) and (4), there shall be substituted the following subsections—. After subsection (4) there shall be inserted the following subsection—
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 ".
In section 78(1), after the definition of "large burgh and small burgh ", there shall be added the following definitions—.
In Schedule 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. ". 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 ".
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”.
(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) ; In subsection (2) after the words “forty-three”, there shall be inserted the words “or said section 80”.
In section 16(2)(b), after sub-paragraph (v) there shall be inserted the following sub-paragraph—.
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In section 4(3), paragraph (b) shall be omitted, and after paragraph (c) there shall be inserted the following paragraph—
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”.
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”.
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”.
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 ;”.
In section 10, for subsection (4) there shall be substituted the following subsection—
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— In subsection (5), for the words “designated officer” there shall be substituted the words “local authority or other person appointed”.
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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 ". In paragraph (d), after the words " 1948 " there shall be inserted the words " or under section 16 of the Social Work (Scotland) Act 1968 ; ". In paragraph (e), after the words " local health authority " there shall be inserted the words " or in Scotland a local authority ".
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 ".
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, ". After the definition of " relative " there shall be inserted the following definitions—.
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In section 50, after paragraph (c), there shall be inserted the following paragraph—or.
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In section 10(1) in paragraph (a) after head (iii) there shall be inserted the following head—or.
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 ".
In section 46, for paragraph (c), there shall be substituted the following paragraphs—, and after the words " by virtue of " there shall be inserted the words " subsection (2) of the said section 17 or
In section 57(3)(b), after the word "child", there shall be inserted the words " under sixteen years of age ".
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 ".
In section 66(7), for paragraph (a) there shall be substituted the following paragraph—.
In section 72(1).— for the definition of " guardian " there shall be substituted the following definition—; in the definition of " place of safety " for the words " and in relation to a child " to the end there shall be substituted the words— and in relation to a child means a place of safety within the meaning of the Social Work (Scotland) Act 1968 after the definition of " place of safety " there shall be added the following definition— .
In section 111, after the definition of "hospital order" there shall be inserted the following definition—.
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.”
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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. ". In subsection (2), for the words from " direct" to " juvenile court" there shall be substituted the words " make a direction ".
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In section 66(1), for the words " the local health authority " there shall be substituted the words " the local authority ".
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In section 141(2), after paragraph (c), there shall be added the following paragraph—.
In section 145, there shall be inserted the following definitions—
after definition (41) there shall be inserted—
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
after definition (46) there shall be inserted—
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”.
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In section 1(4), for the word " seventeen " there shall be substituted the word " sixteen ".
In section 7(1), for the word "fourteen" there shall be substituted the word " sixteen ".
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 ".
In section 15, in subsections (1) and (3), for the words “children’s officer” there shall be substituted the words “director of social work”. In subsection (4), for the words “Children and Young Persons (Scotland) Act 1937” there shall be substituted the words “Social Work (Scotland) Act 1968”.
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Section 95(2).
Session and Chapter Short Title Extent of Repeal 1 Edw. 8 & 1 Geo. 6. c. 37. The Children and Young Persons (Scotland) Act 1937. In section 21(2), the words from “may take” to the end of the subsection. In section 42(1), the words “or is for any other reason brought before a court” and in subsection (2), the words “or taken to a place of safety” and the words “or the person by whom he is taken to the place of safety, as the case may be”. In section 47(1) the words “until he can be brought before a juvenile court”, wherever occurring. In section 49(1), the words “either as being in need of care or protection or”, the words “or otherwise”, and the words “and for securing that proper provision is made for his education and training”. Section 49(2). Section 51. Section 53(2) and (3). Section 59(1) and in subsection (4), the words “under this section, or”. Sections 60 and 61. In section 63(3) the words “under the Probation of Offenders Act 1907”. Sections 65 and 66. Sections 68 to 86. Sections 88 to 98. Section 101(5) and (6). Section 106. Section 107(1)(a), and (2). Section 109. In section 110(1)— the following definitions— “Approved school”, “Approved school order”; “Headmaster”; “In need of care or protection”; 1 Edw. 8 & 1 Geo. 6. c. 37.—cont. The Children and Young Persons (Scotland) Act 1937—cont. in the definition of “Justice” the words “(except in section 51 of this Act)”; and the definition of “managers”. In section 110, in subsection (3)(a)(ii) the words “and the juvenile court for any area” and subsection (3)(a)(iv). Section 111. Section 112. Schedule 2. Schedule 3. 11 & 12 Geo. 6. c. 29. The National Assistance Act 1948. Section 21. Section 22(1). Sections 23 and 24. Section 26(1) and (5). Section 27. Sections 29 and 30. Section 32. Sections 34 to 40. Section 50(3). Section 58(1) and (4). 11 & 12 Geo. 6. c. 43. The Children Act 1948. The whole Act. 12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland) Act 1949. Section 2(3) and (9). Section 4(2) and (3). Section 5(3). In section 7, in subsection (2), the words from “to omit” to “and”, and in subsection (4), the words to “to (3)”. Sections 11 to 13. In section 28, subsection (2), and in subsection (3), the words “a remand home or” and the words “home or”. Sections 50 and 51. Sections 69 to 73. In section 75, subsections (1)(a), (3)(a) to (d) and (4) to (6). In section 78, in subsection (1)— in the definition of “appropriate court” the words “or supervision”; and the words “or person under supervision”; and the following definitions— “Approved probation hostel” and “Approved probation home”; “approved school”; “Remand home”; “Salaried probation officer”; in the definition of “sentence”, the words from “an order for custody” to the end of the definition; the following definitions— “Supervision Order”; “Voluntary probation officer”; “Whole-time probation officer”; and “Young Person”. Schedule 1. In Schedule 2, in paragraph 2, in sub-paragraph (3), the words “appointed by the appropriate court,”, in sub-paragraph (4)(b), the words “named therein”, in paragraph 3(b) the words “an approved probation hostel or home or in” and the word “other” and paragraph 7. Schedule 3. 14 Geo. 6. c. 37. The Maintenance Orders Act 1950. Schedule 1, so far as relating to the modification of the Children and Young Persons (Scotland) Act 1937. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 61. The Prisons (Scotland) Act 1952. Section 18(1) to (3A). In section 32, in subsection (3), the words “who is not less than seventeen years of age”, and subsection (4). 4 & 5 Eliz. 2. c. 24. The Children and Young Persons Act 1956. The whole Act. 4 & 5 Eliz. 2. c. 50. The Family Allowances and National Insurance Act 1956. The whole Act. 5 & 6 Eliz. 2. c. 1. The Police, Fire and Probation Officers Renumeration Act 1956. In section 11(2) and (3). In section 1(1)(d), the words from “or” to “1949”. 6 & 7 Eliz. 2. c. 40. The Matrimonial Proceedings (Children) Act 1958. Section 11(2) and (3). In section 12(1), the words “of a probation officer or”, and section 12(3). 6 & 7 Eliz. 2. c. 65. The Children Act 1958. Section 1. Section 2(6) and (7). 7 & 8 Eliz. 2. c. 5. The Adoption Act 1958. Section 4(3)(b). In section 11(1), the words “or juvenile court”. In section 15(3), the words from “or the Children” to “1937”. In section 37(3), the words “in an approved school or”. 8 & 9 Eliz. 2. c. 61. The Mental Health (Scotland) Act 1960. In sections 8 and 9. In section 10, in subsection (1), in paragraph (a), head (i), and at the end of head (ii) the word “or”. Section 12(2), sections 19 to 21 and section 46(a). In section 55(10), the words from “including” to the word “school”. In section 57, in subsection (3)(b), the words “or young person”; and subsection (5). Section 69(1)(b). Section 71. In section 72, the definitions of “approved school” and “remand home” and in the definition of “place of safety” the words “or young person” first occurring. In section 111(1), the definition of “residential home for persons suffering from mental disorder;”. 10 & 11 Eliz. 2. c. 47. The Education (Scotland) Act 1962. Section 36(4) and (5). Section 44(3) and (4). Section 80(1)(e). In section 104 the words “(including an approved s chool)”. 1963 c. 37. The Children and Young Persons Act 1963. Section 1. Sections 45 to 52. Section 58. 1963 c. 39. The Criminal Justice (Scotland) Act 1963. In section 11, in subsection (2), the words from “if the offender” to the words “detention centre”, and subsections (3) and (5). Section 15. Part II. Schedule 2. 1968 c. 46. The Health Services and Public Health Act 1968. Section 13. Section 44. Section 45.
Session and Chapter Short Title Extent of Repeal 1 Edw. 8 & 1 Geo. 6. c. 37. The Children and Young Persons (Scotland) Act 1937. In section 21(2), the words from " may take " to the end of the subsection. In section 42(1), the words " or is for any other reason brought before a court" and in subsection (2), the words " or taken to a place of safety " and the words " or the person by whom he is taken to the place of safety, as the case may be ". In section 47(1) the words " until he can be brought before a juvenile court", wherever occurring. In section 49(1), the words " either as being in need of care or protection or", the words " or otherwise ", and the words " and for securing that proper provision is made for his education and training ". Section 49(2). Section 51. Section 53(2) and (3). Section 59(1) and in subsection (4), the words "under this section, or ". Sections 60 and 61. In section 63(3) the words "under the Probation of Offenders Act 1907 ". Sections 65 and 66. Sections 68 to 86. Sections 88 to 98. Section 101(5) and (6). Section 106. Section 107(1)(a). and (2). Section 109. In section 110(1)— the following definitions— " Approved school ", " Approved school order "; " Headmaster "; " In need of care or protection "; in the definition of " Justice " the words " (except in section 51 of this Act) "; and the definition of " Managers ". In section 110, in subsection (3)(a)(ii) the words " and the juvenile court for any area " and subsection (3)(a)(iv). Section 111. Section 112. Schedule 2 Schedule 3. 11 & 12 Geo. 6. c. 29. The National Assistance Act 1948. Section 21. Section 22(1). Sections 23 and 24. Section 26(1) and (5). Section 27. Sections 29 and 30. Section 32. Sections 34 to 40. Section 50(3). Section 58(1) and (4). 11 & 12 Geo. 6. c. 43. The Children Act 1948. The whole Act. 12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland) Act 1949. Section 2(3) and (9). Section 4(2) and (3). Section 5(3). In section 7, in subsection (2), the words from " to omit" to " and", and in subsection (4), the words " to (3)". Sections 11 to 13. In section 28, subsection (2), and in subsection (3), the words " a remand home or " and the words "home or". Sections 50 and 51. Sections 69 to 73. In section 75, subsections (1)(a), (3)(a) to (d) and (4) to (6). In section 78, in subsection (1)— in the definition of " appropriate court " the words " or supervision"; and the words " or person under supervision "; and the following definitions— " Approved probation hostel " and " Approved probation home "; " Approved school "; " Remand home "; " Salaried probation officer "; in the definition of " sentence ", the words from " an order for custody " to the end of the definition; the following definitions— " Supervision order "; " Voluntary probation officer "; " Whole-time probation officer "; and " Young person ". Schedule 1. In Schedule 2, in paragraph 2, in sub-paragraph (3), the words " appointed by the appropriate court,", in sub-paragraph (4)(b), the words " named therein ", in paragraph 3(b) the words "an approved probation hostel or home or in " and the word " other " and paragraph 7. Schedule 3. 14 Geo. 6. c. 37. The Maintenance Orders Act 1950. Schedule 1, so far as relating to to the modification of the Children and Young Persons (Scotland) Act 1937. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 61. The Prisons (Scotland) Act 1952. Section 18(1) to (3A). In section 32, in subsection (3), the words "who is not less than seventeen years of age ", and subsection (4). 4 & 5 Eliz. 2. c. 24. The Children and Young Persons Act 1956. The whole Act. 4 & 5 Eliz. 2. c. 50. The Family Allowances and National Insurance Act 1956. The whole Act. 5 & 6 Eliz. 2. c. 1. The Police, Fire and Probation Officers Remuneration Act 1956. In section 1(1)(d), the words from " or " to " 1949 ". 6 & 7 Eliz. 2. c. 40. The Matrimonial Proceedings (Children) Act 1958. Section 11(2) and (3). In section 12(1), the words of a probation officer or ", and section 12(3). 6 & 7 Eliz. 2. c. 65. The Children Act 1958. Section 1. Section 2(6) and (7). 7 & 8 Eliz. 2. c. 5. The Adoption Act 1958. Section 4(3)(b). In section 11(1), the words " or juvenile court". In section 15(3), the words from " or the Children " to " 1937 ". In section 37(3), the words " in an approved school or ". 8 & 9 Eliz. 2. c. 61. The Mental Health (Scotland) Act 1960. Sections 8 and 9. In section 10, in subsection (1), in paragraph (a), head (i), and at the end of head (ii) the word " or ". Section 12(2). Sections 19 to 21. Section 46(a). In section 55(10), the words from " including" to the word " school". Section 56. In section 57, in subsection (3)(b), the words " or young person"; and subsection (5). Section 69(1)(b). Section 71. In section 72, the definitions of " approved school" and " remand home " and in the definition of " place of safety " the words " or young person " first occurring. In section 111(1), the definition of " residential home for persons suffering from mental disorder;". 10 & 11 Eliz. 2. c. 47. The Education (Scotland) Act 1962. Section 36(4) and (5). Section 44(3) and (4). Section 80(1)(e). In section 104 the words " (including an approved school)". 1963 c. 37. The Children and Young Persons Act 1963. Section 1. Sections 45 to 52. Section 58. 1963 c. 39. The Criminal Justice (Scotland) Act 1963. In section 11, in subsection (2), the words from " if the offender " to the words " detention centre", and subsections (3) and (5). Section 15. Part II. Schedule 2. 1968 c. 46. The Health Services and Public Health Act 1968. Section 13. Section 44. Section 45.
Session and Chapter Short Title Extent of Repeal 23 & 24 Geo. 5. c. 12. The Children and Young Persons Act 1933. In section 78(2) and (4), the words from “(including” to “ 1937)”. In section 82(1), the words from “or” to “1937”, and in the proviso, the words from “or where” to “Wales”. In section 83(1), (2) and (4), the words “Scotland or” wherever occurring, and in subsection (5) the words from “in relation to Scotland” to “Department, and”. In section 85(1) and (2), the words “or under the Children and Young Persons (Scotland) Act 1937”. In Schedule 4, in paragraph 9, in sub-paragraph (1), the words from “or with the consent” to “to that Act”, paragraph 9(3), and in paragraph 13, the words “or of the Children and Young Persons (Scotland) Act 1937” in both places where they occur. 6 & 7 Eliz. 2. c. 65. The Children Act 1958. In section 2(4), the words from “or of” to “1937”. In section 17, in the definition of “fit person order”, the words “or” to “1937”. 7 & 8 Eliz. 2. c. 72. The Mental Health Act 1959. In section 10(1), in sub-paragraph (a), head (ii). In section 50, sub-paragraph (b). 1963 c. 37. The Children and Young Persons Act 1963. In section 12, the words “Scotland or”. In section 45(1), the words “the Children and Young Persons (Scotland) Acts 1937 and 1956”. Sections 51 and 52. Section 53(1)(b). 1965 c. 53. The Family Allowances Act 1965. In section 11, subsection (1)(a)(ii), in subsection (1)(c), the words “or an order under section 73(2) of the said Act of 1937”, and in subsection (2), the words “or the said Act of 1937”.
Session and Chapter Short Title Extent of Repeal 23 & 24 Geo. 5. c. 12. The Children and Young Persons Act 1933. In section 78(2) and (4), the words from " (including " to " 1937) ". In section 82(1), the words from " or " to " 1937 ", and in the proviso, the words from " or where " to " Wales ". In section 83(1), (2) and (4), the words " Scotland or" wherever occurring, and in subsection (5) the words from " in relation to Scotland " to " Department, and ". In section 85(1) and (2), the words " or under the Children and Young Persons (Scotland) Act 1937 ". In Schedule 4, in paragraph 9, in sub-paragraph (1), the words from " or with the consent" to " to that Act", paragraph 9(3), and in paragraph 13, the words " or of the Children and Young Persons (Scotland) Act 1937 " in both places where they occur. 6 & 7 Eliz. 2. c. 65. The Children Act 1958. In section 2(4), the words from "or of" to" 1937". In section 17, in the definition of "fit person order", the words " or" to " 1937 ". 7 & 8 Eliz. 2. c. 72. The Mental Health Act 1959. In section 10(1), in sub-paragraph (a), head (ii). In section 50, sub-paragraph (b). 1963 c. 37. The Children and Young Persons Act 1963. In section 12, the words " Scotland or ". In section 45(1), the words " the Children and Young Persons (Scotland) Acts 1937 and 1956 ". Sections 51 and 52. Section 53(1)(b). 1965 c. 53. The Family Allowances Act 1965. In section 11, subsection (1)(a)(ii), in subsection (1)(c), the words " or an order under section 73(2) of the said Act of 1937 ", and in subsection (2), the words " or the said Act of 1937 ".
Words in s. 1(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(2) 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) S. 1(3)(6) repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29 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) Words in s. 1(4)(b) substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 4(2) Words repealed by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:2), Sch. 7 Pt. II Word repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10 S. 1(4)(c) repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10 S. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 3 substituted (1.4.1996) by 1994 c. 39, s. 45; S.I. 1996/323, art. 4(1)(a), Sch. 1 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 9 para. 10(3) Words in s. 4 substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 4 inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(3) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 4 inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(3) Words in s. 4 inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 40, 45(2); S.S.I. 2017/152, reg. 4 Words in s. 5(1) substituted (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 21(a), 28(2); S.S.I. 2014/32, art. 3 Words in s. 5(1) substituted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 1(a)(i); S.S.I. 2014/131, art. 2(2)(3), sch. (with art. 4) Words in s. 5(1) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 1(a)(ii); S.S.I. 2014/131, art. 2(2)(3), sch. (with art. 4) Words in s. 5(1) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(4)(a) Words in s. 5(1) inserted (1.10.2017) by Carers (Scotland) Act 2016 (asp 9), ss. 37(2), 45(2); S.S.I. 2017/152, reg. 3, sch. S. 5(1A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 51 Words in s. 5(1A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(a); S.I. 1996/323, art. 4(1)(b)(c) S. 5(1B) added (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(b); S.I. 1996/323, art. 4(1)(b)(c) S. 5(1B)(f) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(2) Words in s. 5(1B)(f) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 22(2); S.S.I. 2024/211, reg. 2(j)(iii) (with reg. 3) S. 5(1B)(i) repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) S. 5(1B)(k) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(3); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Word in s. 5(1B) before para. (o) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(b)(i), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) and said word expressed to be repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (subject to arts. 3-13) S. 5(1B)(o) repealed (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (subject to arts. 3-13) S. 5(1B)(q) inserted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 2(2)(a); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) S. 5(1B)(r) added (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 21(b), 28(2); S.S.I. 2014/32, art. 3 S. 5(1B)(s) added (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(4)(b) S. 5(1B)(t) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 1(b); S.S.I. 2014/131, art. 2(2)(3), sch. S. 5(1B)(u) inserted (1.10.2017) by Carers (Scotland) Act 2016 (asp 9), ss. 37(3), 45(2); S.S.I. 2017/152, reg. 3, sch. S. 5(1C) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 1(c); S.S.I. 2014/131, art. 2(2)(3), sch. S. 5(2) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 49 S. 5(2)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(3)(c); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 5(2)(c) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 5(2)(c) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 2(2)(b); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) Words in s. 5(2)(c) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(4)(c) S. 5(3)-(5) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) for s. 5(3) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(4)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 5(5) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 2(2)(c); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) S. 5ZA inserted (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 25(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1 S. 5A repealed (1.4.2015) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 71(1), 72(2); S.S.I. 2014/231, art. 3 S. 5B repealed (1.4.2017) by The Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016 (S.S.I. 2016/157), arts. 1, 6(1) (with art. 6(3)(4)) S. 6 repealed (23.2.2006) by Joint Inspection of Childrens Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3), ss. 8(4)(a), 10(2) S. 6A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 54 S. 6A(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(7) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 6A(1)(b) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 2(3); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2) S. 6A(1)(c) repealed (1.4.2002) by 2001 asp 8, s. 80(1)(2), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 6A(1)(d)(ii) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 6(3) Word in s. 6A(1)(d) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 47 Word in s. 6A(1) inserted (18.4.2011) by Children’s Hearings (Scotland) Act 2011 (Consequential Provision) and Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2011 (S.S.I. 2011/186), arts. 1, 2(a) Words in s. 6A(1)(e) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(5) S. 6A(1)(f) and words inserted (18.4.2011) by Children’s Hearings (Scotland) Act 2011 (Consequential Provision) and Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2011 (S.S.I. 2011/186), arts. 1, 2(b) S. 6B inserted (1.4.1997) by 1995 c. 36, s. 100 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 6B(1A)(1B) inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 1(2) S. 7 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 4 Words in s. 9(1)(2) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(6) Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 51(a) By 1994 c. 39, s. 180(1), Sch. 13 para. 76(7) and S.I. 1996/323, art. 4(1)(b)(c) it is provided (1.4.1996) that for the words from “enactments” to “of this Act” there shall be substituted “mentioned in paragraphs (b), (d), (e), (g), (h), (i) and (l) of section 5(1B) of this Act” Words in s. 10(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(9) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 10(1) substituted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 39, 45(2); S.S.I. 2017/152, reg. 4 S. 10(1A) inserted (19.7.2001) by 2001 asp 8, ss. 69(a), 81(2) Words in s. 10(2) substituted (19.7.2001) by 2001 asp 8, ss. 69(b), 81(2) S. 10(3A) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 2 para. 51(b) Words in s. 10(3A) substituted (1.4.2004) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 81(2), sch. 3 para. 4(2); S.S.I. 2004/100, art. 2(e) (with arts. 3 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2) Words in s. 10(3A) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 3(a)(i) Word in s. 10(3A) repealed (27.1.2010) by Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 (S.S.I. 2010/21), art. 1, sch. para. 2 Words in s. 10(3A) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 3(a)(ii) Word substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 9 Pt. I para. 8 (a) Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 9 Pt. I para. 8(b) Words in s. 11(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(7) Words in s. 12(1)(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(11) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 12(2A)(2B) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33, s. 120(1) (with Sch. 15 para. 7); S.I. 2000/464, art. 2, Sch. S. 12(3A)-(3D) substituted (1.7.2002) for s. 12(3A)(3B) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 3; S.S.I. 2002/170, art. 2 S. 12(6) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(5) S. 12A inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 55; S.I. 1992/2975, art. 2(2), Sch. S. 12A(1)(b) substituted (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 8; S.S.I. 2002/170, art. 2 S. 12A(1)(b)(i)(ia) substituted for s. 12A(1)(b)(i) (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(2)(a), 45(2); S.S.I. 2017/152, reg. 4 Word in s. 12A(1)(b)(ii) repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(2)(b)(i), 45(2); S.S.I. 2017/152, reg. 4 Words in s. 12A(1)(b)(ii) repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(2)(b)(ii), 45(2); S.S.I. 2017/152, reg. 4 Words in s. 12A(1)(b)(ii) repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(2)(b)(iii), 45(2); S.S.I. 2017/152, reg. 4 S. 12A(1A)(1B) inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(3), 45(2); S.S.I. 2017/152, reg. 4 S. 12A(3A)-(3C) repealed (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 9(1); S.S.I. 2002/170, art. 2 S. 12A(3A)-(3C) repealed (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 9(1); S.S.I. 2002/170, art. 2 S. 12A(3A)-(3C) repealed (1.9.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 9(1); S.S.I. 2002/170, art. 2 Words in s. 12A(8) inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(4)(a), 45(2); S.S.I. 2017/152, reg. 4 Words in s. 12A(8) substituted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 1(3) S. 12A(8): definition of “person” inserted (1.4.1996) by 1995 c. 12, ss. 2(3), 5(2) Words in s. 12A(8) inserted (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), ss. 30(4)(b), 45(2); S.S.I. 2017/152, reg. 4 S. 12AZA inserted (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 17, 28(2); S.S.I. 2014/32, art. 3 S. 12AA repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), s. 45(2), sch. para. 1(2); S.S.I. 2017/152, reg. 4 S. 12AB repealed (1.4.2018) by Carers (Scotland) Act 2016 (asp 9), s. 45(2), sch. para. 1(2); S.S.I. 2017/152, reg. 4 S. 12B repealed (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 25, 28(2); S.S.I. 2014/32, art. 3 (with art. 5) S. 12C repealed (1.4.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 25, 28(2); S.S.I. 2014/32, art. 3 (with art. 5) Words in s. 13 substituted (1.4.1997) by 1996 c. 30, s. 5; S.I. 1997/756, art. 2 S. 13ZA inserted (22.3.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 64, 79(2) S. 13A and crossheading inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 56; S.I. 1992/2975, art. 2(2), Sch. S. 13A and crossheading inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 56; S.I. 1992/2975, art. 2(2), Sch. S. 13A(1)(a) inserted (1.4.2002) by 2001 asp 8, s. 72(a)(i); S.S.I. 2002/162, art. 2 (with arts. 3-13) Word in s. 13A(1) inserted (1.4.2002) by 2001 asp 8, s. 72(a)(ii); S.S.I. 2002/162, art. 2 (with arts. 3-13) Words in s. 13A(1) renumbered (1.4.2002) as s. 13A(1)(b) by virtue of 2001 asp 8, s. 72(a)(iii); S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 13A(2)(2A) substituted (1.4.2002) for s. 13A(2) by 2001 asp 8, s. 79, Sch. 3 para. 4(3); S.S.I. 2002/162, art. 2 (with arts. 3-13) Word in s. 13A(2) repealed (1.4.2002) by 2001 asp 8, s. 72(b); S.S.I. 2002/162, art. 2 (with arts. 3-13) and 2002 asp 5, s. 25, Sch. 2 para. 1(4); S.S.I. 2002/170, art. 2 S. 13A(2A) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 1 S. 13A(2B) inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 3(b) S. 13A(4)(5) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33 , s. 120(2); S.I. 2000/464, art. 2, Sch. S. 13B and crossheading inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 56; S.I. 1990/2510, art. 2, Sch. S. 13B and crossheading inserted (1.4.1991) by National Health Service and Community care Act 1990 (c.19, SIF 113:2), s. 56; S.I. 1990/2510, art. 2, Sch. S. 13B(3)(4) inserted (1.3.2000 for specified purposes and otherwise 3.4.2000) by 1999 c. 33, s. 120(3); S.I. 2000/464, art. 2, Sch. Words “domicilary services” substituted (1.4.1991) for “home help” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(a) Words “services are” substituted (1.4.1991) for “help is” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(b) Words “domiciliary services are” substituted (1.4.1991) for “home help is” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(6)(c) S. 14(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I S. 14(3) repealed by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II S. 15 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 16 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 4); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 16A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) S. 17 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17B repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17C repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17D repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 17E repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 18 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 18A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) S. 19 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 and expressed to be repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) S. 20 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 6); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 20A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 21 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 22 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 23 repealed (1.4.1997) by 1995 c. 36, ss. 28, 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 24 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 25 repealed (1.4.1997) by 1995 c. 36, ss. 30(4), 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 25A repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 26 repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Word in s. 27(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(2); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27(1)(za) inserted (14.5.2025) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 1(5), 18(2); S.S.I. 2025/52, reg. 2(a) S. 27(1)(aa) inserted after paragraph (a) (1.8.1997) by 1997 c. 48, s. 32(a); S.I. 1997/1712, art. 3, Sch. S. 27(1)(ab) inserted after paragraph (a) (1.8.1997) by 1997 c. 48, s. 32(b); S.I. 1997/1712, art. 3, Sch. S. 27(1)(ac) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(2), 89(2); S.S.I. 2003/288, art. 2, sch. S. 27(1)(ad) inserted (4.4.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(a)(i); S.S.I. 2004/420, art. 3, sch. 5 S. 27(1)(ae) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(a)(ii), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1 Word and s. 27(1)(b)(iii) added by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), Sch. 2 para. 1(a) Words in s. 27(1)(b)(iii) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1), sch. 2 para. 31(2)(a); S.S.I. 2010/413, art. 2, sch. (with art. 3(1)) S. 27(1)(b)(iv) and the word “; and” immediately preceding it inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(a); S.I. 1991/850, art. 3, Sch. S. 27(1)(b)(iv) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 31(2)(b); S.S.I. 2010/413, art. 2, sch. (with art. 3(1)) S. 27(1)(b)(v) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(c); S.I. 1997/1712, art. 3, Sch. S. 27(1)(b) (va) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 31(2)(b); S.S.I. 2010/413, art. 2, sch. (with art. 3(1)) S. 27(1)(b)(va)(vb) inserted (28.10.2004 for specified purposes, 4.4.2005 in so far as not already in force) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(a)(ii); S.S.I. 2004/420, art. 3, sch. 1, sch. 5 Word in s. 27(1)(b)(vb) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 8(2); S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3) S. 27(1)(b)(vi) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(d); S.I. 1997/1712, art. 3, Sch. Words in s. 27(1)(b)(vi) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(8) S. 27(1)(b)(vii) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(e); S.I. 1997/1712, art. 3, Sch. Word in s. 27(1)(b) repealed (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(a)(i); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2 S. 27(1)(b)(viii) inserted (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(a)(ii); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2 S. 27(1)(c) and the word “; and” immediately preceding it added (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(a); S.I. 1991/850, art. 3, Schedule S. 27(1A) (1B) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(3), 89(2); S.S.I. 2003/288, art. 2, sch. S. 27(1C)(1D) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(b), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1 Words in s. 27(2) substituted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(c), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1 Words in s. 27(2) repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 5; S.S.I. 2004/420, art. 3, sch. 1 Words in s. 27(2) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1 Words in s. 27(4) substituted (1.4.1991) by virtue of Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(b); S.I. 1991/850, art. 3, Schedule Words in s. 27(3) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1 S. 27(3)(aa) inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(b); S.I. 1991/850, art. 3, Schedule Words in s. 27(3)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(9); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 27(4) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1 Words in s. 27(5) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1 S. 27(5A)-(5C) inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(c); S.S.I. 2004/420, art. 3, sch. 1 Words in s. 27(5A) inserted (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(c); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2 S. 27ZA inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(4), 89(2); S.S.I. 2003/288, art. 2, sch. S. 27A inserted by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 9 S. 27A(1)-(1B) substituted for s. 27A(1) (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(2)(a), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2 S. 27A(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(a); S.S.I. 2017/33, reg. 2(1)(2), sch. Words in s. 27A(1A)(a) inserted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(b)(i); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27A(1A)(b) repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(b)(ii); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27A(1A) beginning with the words "In a case where two or more local authorities" inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 72, 89(2); S.S.I. 2003/288, art. 2, sch. S. 27A(2) substituted (1.4.1991) for words by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(5)(b); S.I. 1991/850, art. 3, Schedule Word in s. 27A(2) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(c); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27B inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 79 S. 27B(1)-(1B) substituted for s. 27B(1) (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(3)(a), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2 S. 27B(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(4)(a); S.S.I. 2017/33, reg. 2(1)(2), sch. Words in s. 27B(1A) repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(4)(b); S.S.I. 2017/33, reg. 2(1)(2), sch. S. 27B(2)(3) substituted for words (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(6)(b); S.I. 1991/850, art. 3, Schedule Words in s. 27B(2) substituted (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(3)(b), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2 S. 28 repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Words in s. 29 heading substituted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 1(a) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Words in s. 29(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 29(1) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Word in s. 29(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(13)(a)(iii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 29(1A)(1B) inserted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 1(b) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) S. 29(2)(3) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 ((with savings in ss. 103(1), 105(3), Sch. 3 para. 8)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 ((with savings in ss. 103(1), 105(3), Sch. 3 para. 8)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) S. 31(1) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 S. 31(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I and Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) expressed to be repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch.5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744,art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provsisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) S. 53 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 5 and Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) expressed to be repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwiseprosp.) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with savings in ss. 103(1), 105(3), Sch. 3 para. 8); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisons inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art.3)) Pt. III (ss. 30-58G except s. 31(1)(3) and Sch. 2 amendments provided for in s. 31(3)) repealed (12.12.1996 and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(14), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201, art. 3)) Words in s. 59 inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(7); S.I. 1992/2975, art. 2(2), Sch. Words in s. 59(1) substituted (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 72(c); S.S.I. 2002/162, art. 2 (with arts. 3-13) Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(6); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 59(1) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(a), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3) Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 25(4), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 59(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(9) Words in s. 59(1) inserted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(b), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3) S. 59A inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 72 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I. S.59A(3) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I S. 60 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 61 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 61A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 62 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 62A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 63 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 63A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 63B repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 64 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 64A repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 65 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 66 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 67 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) S. 68 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) Pt. V (ss. 69-77) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words added by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 58(a) Words in s. 69(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) S. 69(5) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 58(b) Words added by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 59 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 60 and by virtue of (E.W.) Criminal Justice Act 1982 (c.48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) S. 72(1)(b)(i)(ii) substituted (1.10.1992) for words in s. 72(1)(b) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(a) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2. S. 72(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 58(1) Words in s.72(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(i) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2. Words in s. 72(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9(b)(ii) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2. S. 72(1A)(a) and word following it repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(b)(iii), Sch. 13 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2. S. 72(2)(2A)(2B) substituted for s. 72(2) (4.11.1996) by S.I. 1995/756, art. 5(2); S.R. 1996/297, art. 3 Words in s. 72(3) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3 Pt. II para. 9.(d) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2. S. 72(4) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 16, 101(2), Sch. 3 Pt. II para. 9(e), Sch. 13 (with s. 28 ); S.I. 1992/333, art. 2(2), Sch. 2. Words in s. 73(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(22); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 73(1)(i)(1A)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) S. 73(1)(i)(ii) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 460(1)(b) Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1) S. 73(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(2) Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(3) Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6 S. 74(5) substituted (4.11.1996) by S.I. 1995/756, art. 5(3); S.R. 1996/297, art. 3 S. 74(6) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 60 Words in s. 74(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 21; S.I. 1991/828, art. 3(2) Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6 Words substituted by virtue of S.I. 1973/2163, arts. 2(1), 11(5) Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(1) Words in s. 75(1) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(23); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 75(1)(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2) Words in s. 75(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para.22; S.I. 1991/828, art. 3(2) Words in s. 75(2) substituted (4.11.1996) by S.I. 1995/756, art. 5(4)(a); S.R. 1996/297, art. 3 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2) Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(3) Words in s. 75(3) substituted (4.11.1996) by S.I. 1995/756, art. 5(4)(b); S.R. 1996/297, art. 3 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(4) Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6 Words in s. 76(2)(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 76(2) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(24)(a); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 76(2) repealed (S.)(1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(24)(b), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 62 Words in s. 76(4) substituted (4.11.1996) by S.I. 1995/756, art. 5(5)(a); S.R. 1996/297, art. 3 Words in s. 76(4) substituted (4.11.1996) by S.I. 1995/756, art. 5(5)(b); S.R. 1996/297, art. 3 S. 77(1)(b) repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Words in s. 78(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 78(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(10)(a) Words in s. 78(1)(a) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (subject to arts. 4-7) Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I S. 78(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(17)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 78(2) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(10)(b) S. 78(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 19(6)(b) Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 41(1) Words in s. 78(2A) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 2 Words in s. 78(2A) inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 1; S.I. 1996/2208, art. 2(b) Words in s. 78(2A) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 1; S.I. 2008/787, art. 2(4)(f) S. 78A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 19(7) Words in s. 78A(2)(a) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(18) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 79(1) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(19)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 79(2) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(19)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 80(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 80(2)(3) repealed by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108(3), Sch. 8 Words in s. 80(4) substituted for s. 80(4)(a)(b) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 80(5) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(c) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (subject to arts. 4-7) Words in s. 80(7) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(20)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 81(1) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(a) Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(b) Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(3)(c), Sch. 2 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(4) Words in s. 82(1) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(21) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 83(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(11) Words in s. 83(2) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(22) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 83A inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(23) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 85 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I Words in s. 86(1)(a) inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Word in s. 86(1) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(a)(i), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Words in s. 86(1)(b) substituted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 86(1)(b) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(a)(i) Words in s. 86(1)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(a)(ii) S. 86(1)(ba) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(a)(ii), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Words in s. 86(1)(ba) substituted (S.) (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, sch. Pt. 3 (with art. 3) Words in s. 86(1)(d) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(b) S. 86(1)(e) and the word “or” immediately preceding it inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(11) S. 86(1)(e) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(7); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 86(1) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(1) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Words in s. 86(2) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(2) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Words in s. 86(3) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(b)(i), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Words in s. 86(3) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(b)(ii), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II Words in s. 86(3) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 42(a) (with Sch. 3 Pt. 1) Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(2) Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(12) Words in s. 86(3) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 42(b) (with Sch. 3 Pt. 1) Words in s. 86(3) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(c) Words in s. 86(3) inserted (S.) (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 31(3); S.S.I. 2010/413, art. 2, sch. (with art. 3(1)) Words in s. 86(3) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 12 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii) Words in s. 86(3) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2) Words in s. 86(3) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 23; S.I. 1991/828, art. 3(2) Words in s. 86(3) inserted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(24)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 86(4)-(10) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 65(1)(c), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2 Word in s. 86(4)(b) omitted (24.6.2013) by virtue of The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(d)(i) S. 86(4)(d) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(d)(ii) Word in s. 86(6)(b) omitted (24.6.2013) by virtue of The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(e)(i) S. 86(6)(d) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(e)(ii) Words in s. 86(10) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(1) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) S. 86(10A) (10B) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(3) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) S. 86(11) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 3 para. 1(2)(f)(ii) S. 86A ceases to have effect (8.4.2002) by virtue of 2001 c. 15, s. 50(1), Sch. 6 Pt. III (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(1); and s. 86A repealed (15.4.2002) by 2001 c. 15, s. 67, Sch. 6 Pt. 3; S.I. 2002/1312, art. 3(b) S. 87(1)(1A) substituted for s. 87(1) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 18 Word in s. 87(1) repealed (S.) (17.2.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 18(a), 28(2); S.S.I. 2014/32, art. 2 Words in s. 87(1) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(a), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 87(1) inserted (S.) (17.2.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 18(b), 28(2); S.S.I. 2014/32, art. 2 Words in s. 87(1) substituted (31.5.2017) by Carers (Scotland) Act 2016 (asp 9), ss. 26(a), 45(2); S.S.I. 2017/152, reg. 2, sch. (with reg. 5) Words in s. 87(1)(1A) inserted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(25) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Word in s. 87(1A)(a) repealed (S.) (17.2.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 18(a), 28(2); S.S.I. 2014/32, art. 2 Words in s. 87(1A)(a) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(b), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 87(1A)(a) inserted (S.) (17.2.2014) by Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1), ss. 18(b), 28(2); S.S.I. 2014/32, art. 2 Words in s. 87(1A)(a) substituted (31.5.2017) by Carers (Scotland) Act 2016 (asp 9), ss. 26(b), 45(2); S.S.I. 2017/152, reg. 2, sch. (with reg. 5) S. 87(1B) inserted (S.) (1.7.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(6); S.S.I. 2002/170, art. 2 S. 87(1C)(1D) inserted (S.) (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 1(4)(a) Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c) Words in s. 87(2) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(c), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words in s. 87(3) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(c), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 5(1) Words in s. 87(3) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(2), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2; and words in s. 87(3) substituted (6.4.2009 except in relation to local authorities in W., 6.4.2009 for W.) by Health and Social Care Act 2008 (c. 14), ss. 147(4), 170(3)(4) (with Sch. 13); S.I. 2009/462, art. 4(a); S.I. 2009/631, art. 2(a) Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(d) Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c) Words in s. 87(4) substituted (S.) (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(1)(c), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) S. 87(4A)(4B) inserted (S.) (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 1(4)(b) S. 87(6) repealed by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 5 Pt. II S. 88 repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(26), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 89 repealed by Tribunals and Inquiries Act 1971 (c. 62, SIF 127), Sch. 4 Pt. I Words in s. 90(1) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(27), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c)(d), Sch. 5 para. 63, Sch. 6 S. 90(4) added (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(4), 24(2); S.S.I. 2006/48, art. 3(1), sch. pt. 1 S. 92A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 58 Words in s. 92A substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 4(3) S. 94(1): definition of “children's panel” and “children's hearing” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(a), Sch. 5 (with s. 103(1) ); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 94(1): definition of “compulsory measures of care” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 94(1) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3) (4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(d) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)) Words in s. 94 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) Words in s. 94(1) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(12)(a) Definition inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(14)(a) Words in s. 94(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(12)(b) S. 94(1): definition of “guardian” repealed (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(d), Sch. 5; S.I. 1996/2203, art. 3(3), Sch., Table (with arts. 4-7) Words in s. 94(1) substituted (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, sch. 1 para. 4(4)(a) Words in s. 94(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(8); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2) Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1) , Sch. 3 para. 17 (c) S. 94(1): definition of “parent” substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(e) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch. (with arts. 4-7) Para (c) repealed by Housing (Homeless Persons) Act 1977 (c. 48, SIF:61), Sch. S. 94(1): definition of “place of safety” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(f), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 64(1) S.94(1): words in the definition of “prescribed” in para. (a) substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(g)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 94(1): para. (b) in the definition of “prescribed” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(g)(ii), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (S.) (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 94(1) inserted (1.7.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 25, Sch. 2 para. 1(5); S.S.I. 2002/170, art. 2 Words in s. 94(1) inserted (01. 04. 1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(7); S.I. 1991/850, art. 3 Sch. Words inserted by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 6(2)(b) Words in s. 94(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 13(a) (with Sch. 27 paras. 1 , 5); S.I. 2009/3074, art. 2(p)(iii) Words in s. 94(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(12)(c) S. 94(1): definition of “school age” repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(28)(i), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 94(1) substituted (14. 10. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 36; S.I. 1991/1883, art. 3 Sch. Words in s. 94(1) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 13(b), Sch. 28 Pt. 1 (with Sch. 27 paras. 1 , 5); S.I. 2009/3074, art. 2(p)(iii) (u) S. 94(1): words in the definition of “supervision order” substituted (4.11.1996) by S.I. 1995/756, art. 5(6); S.R. 1996/297, art. 3 Words in s. 94(1) repealed (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 2 S. 94(1): definition of “training school” substituted (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(k) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Definition in s. 94(1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 13(c) (with Sch. 27 paras. 1 , 5); S.I. 2009/3074, art. 2(p)(iii) Words in s. 94(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 21 (with Sch. 27); S.I. 2020/1236, reg. 2 S. 96 repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I Words in s. 97 repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(29)(a), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words in s. 97(1) substituted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(4)(a) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 65 S. 97(1A) inserted (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 7(4)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) S. 97(2)(3) repealed (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 15(29)(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) S. 98(3) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 66 Sch. 1 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 Sch. 2 para. 1 substituted (S.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 15(30) (with s. 103(1)); S.I. 1996/3201, art. 3(6)(7) (which said art. 3(7) was substituted (7.3.1997) by S.I. 1997/744, art. 2 (with transitional provisions inserted into S.I. 1996/3201 by art. 3)) Words repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 2 Pt. II paras. 3—6 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 2 Pt. II paras. 8—15 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 2 para. 16 repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 70(2), Sch. 2 Sch. 2 Pt. II para. 17 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 2 Pt. II paras. 19, 20 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Words in Sch. 3 para. 3 inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(a)(i); S.I. 1996/323, art. 4(1)(b)(c) Para. 3(i)(ii) inserted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 187(a) Sch. 3 para. 3(i) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(25)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Sch. 3 para. 3(ii): the words “in any other case,” repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 76(25)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Words repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29 Sch. 3 para. 3A added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), s. 24 Sch. 3 para. 5A added by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 187(b) Sch. 3 para. 5B inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(b); S.I. 1996/323, art. 4(1)(b)(c) Words in Sch. 3 para. 7 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(25)(c); S.I. 1996/323, art. 4(1)(b)(c) Sch. 3 para. 8 substituted by Local Government and Housing Act 1989 (c. 42), s. 194(1), Sch. 11 para. 15 Sch. 4 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 5 Sch. 5 repealed (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13) Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 69 Words in Sch. 7 para. 6 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(26)(27); S.I. 1996/323, art. 4(1)(b)(c) Sch. 8 para. 1 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 8 paras. 2–5 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 70(b) Sch. 8 para. 15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X. Sch. 8 para. 17 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6 Sch. 8 para. 18 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Sch. 8 para. 19 repealed by Child Care Act 1980 (c. 5, SIF 20), Sch. 6 Sch. 8 para. 20 repealed (E.W.S.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15, S.I. 1991/828, art. 3(2) and repealed (N.I.) (12.12.1996 for certain purposes and otherwise 1.4.1997) by virtue of 1995 c. 36, s. 105(4), Sch. 4 para. 15(28)(b); S.I. 1996/3201, art. 3(6)(7) Sch. 8 para. 21 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Sch. 8 paras. 22–31 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 8 para. 35 repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6 Sch. 8 para. 36 repealed by Rating (Disabled Persons) Act 1978 (c. 40, SIF 103:1, 2), Sch. 2 Sch. 8 paras. 44–47 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 Sch. 8 paras. 48, 49 repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6 Sch. 8 para. 50 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5 Sch. 8 paras. 51–59 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 5 Sch. 8 paras. 61, 62 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5 Sch. 8 paras. 63, 64 repealed by Education (Scotland) Act 1969 (c. 49), Sch. 2 Pt. II para. 8, Sch. 3 Sch. 8 paras. 65–67 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 5 Sch. 8 paras. 69—72 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I Sch. 8 para. 74 repealed by Child Benefit Act 1975 (c. 61, SIF 113:1), Sch. 5 Pt. I 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 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. 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) Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2) Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2 Act: power to modify conferred (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), ss. 190(2)(b)(i), 206(2) (with s. 186); S.S.I. 2013/195, arts. 2, 3 Act: power to modify conferred (11.5.2015) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(2), 27(2); S.S.I. 2015/179, art. 2(1) Act: power to modify conferred (1.9.2025) by 2011 asp 1, s. 190(2A) (as substituted by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 29(2)(b), 38(3); S.S.I. 2025/115, reg. 2(2)(c)) Act: power to modify conferred (1.9.2025) by 1995 c. 36, s. 33A (as inserted by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 30(2), 38(3); S.S.I. 2025/115, reg. 2(2)(d)) Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5) Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(7) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(10) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 4(3)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(3) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995) Pt. II excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(3) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c) S. 12 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 para. 1(1)(c) (with s. 159); S.I. 2002/2811, art. 2, Sch. S. 12 modified (24.6.2015) by The Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 (S.S.I. 2015/202), regs. 1(1), 2(2) S. 12(1) modified (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2) S. 12(1) modified (11.5.2015 for specified purposes, 24.6.2015 in so far as not already in force) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2); S.S.I. 2015/179, art. 2(1) S. 12A(1) power to modify conferred (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(7); S.S.I. 2002/170, art. 2 S. 12A(1) modified (1.7.2002) by The Community Care (Assessment of Needs) (Scotland) Regulations 2002 (S.S.I. 2002/304), art. 2(1) S. 12A(2) power to modify conferred (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 1(7); S.S.I. 2002/170, art. 2 S. 12A(2) modified (1.7.2002) by The Community Care (Assessment of Needs) (Scotland) Regulations 2002 (S.S.I. 2002/304), art. 2(1) S. 13A restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 para. 1(1)(c); S.I. 2002/2811, art. 2 S. 13A modified (24.6.2015) by The Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 (S.S.I. 2015/202), regs. 1(1), 2(3) S. 13A(1) modified (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2) S. 13A(1) modified (11.5.2015 for specified purposes, 24.6.2015 in so far as not already in force) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(1), 27(2); S.S.I. 2015/179, art. 2(1) S. 13A(2) excluded (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(4), 27(2) S. 13A(2)(3) excluded (24.6.2015) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(4), 27(2); S.S.I. 2015/179, art. 2(2) S. 13A(3) excluded (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 5(4), 27(2) The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 29 applied by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:2), s. 413(3) as substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 59(3) Pt. III extended by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 168, 296(3), 364 S. 71 excluded (E.W.) (14.10 1991) by Children Act 1989 (c. 41, SIF 20), ss. 51(5)(6)(7)(b), 108(2); S.I.1991/828, art.3(2) S. 71 restricted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 70(6)(7)(c); S.R. 1996/297, art. 2(2) S. 73(1) extended (E.W.) (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 189(6), 390(6) (which said ss. 189(6), 390(6) ceased to have effect (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53), s. 16, Sch. 3 Pt. II para. 7(4) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2) S. 75(2) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1 S. 76(4) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1 S. 78 excluded by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 31(3) S. 87(2): power to modify conferred (S.) (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 2; S.S.I. 2002/170, art. 2 S. 87(3): power to modify conferred (S.) (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 2; S.S.I. 2002/170, art. 2 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 59A, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Para. 3 extended by Local Government (Scotland) Act 1975 (c. 30, SIF 81:2), s. 23(2) The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 59A, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8-16, 32-34, 37-43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1970 c. 44. 1986 c. 33. 1937 c. 37. 1948 c. 29. 1958 c. 40. 1973 c. 29. 1983 c. 41. 1987 c. 26. 1937 c.37. 1995 c.40. 1973 c. 65 (81:2). 1973 c.45. 1968 c. 46. 1978 c. 29. 1947 c. 42. 1986 c. 33 (113:1). 1968 c. 46. 1949 c. 94. 1937 c. 37. 1947 c. 43. 1969 c. 54. 1975 c. 21. 1969 c. 54. 1950 c. 5 (N.I.) 1978 c. 29. 1937 c. 37. 1948 c. 29. 1966 c. 51. 1966 c. 51. 1933 c. 12. 1933 c. 12. 1946 c. 19 (N.I.) 1969 c. 54. 1937 c. 37. 1937 c. 37. 1963 c. 39. 1948 c. 43. 1937 c. 37. 1937 c. 37. 1949 c. 94. 1937 c. 37. 1949 c. 94. 1937 c. 37. 1963 c. 39. 1947 c. 27. 1948 c. 29. 1948 c. 53. 1950 c. 37. 1956 c. 60. 1958 c. 5. (7 & 8 Eliz. 2.) 1958 c. 40. 1962 c. 33. 1963 c. 37. 1965 c. 49. An Act to make further provision for promoting social welfare in Scotland; to consolidate with amendments certain enactments relating to the care and protection of children; to amend the law relating to the supervision and care of persons put on probation or released from prison etc.; to restrict the prosecution of children for offences; to establish children’s panels to provide children’s hearings in the case of children requiring compulsory measures of care; and for purposes connected with the aforesaid matters.
It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.
The local authorities for the purposes of this Act shall be councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The functions of local health authorities in respect of their areas under the following enactments—
. . .
Mental Health (Care and Treatment) (Scotland) Act 2003 . . . ; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Every local authority shall establish a social work committee for the purposes of their functions under this Act.
Except as otherwise expressly provided, all matters relating to the performance of their functions under the following enactments— shall stand referred to the social work committee, and before exercising any of the said functions the authority shall, unless the matter is urgent, consider a report of the social work committee with respect thereto.
this Act,
Part IV of the Children and Young Persons (Scotland) Act 1937,
sections 10 to 12 of the Matrimonial Proceedings (Children) Act 1958,
Part I of the Children Act 1958.
the Adoption Act 1958,
section 101(1) of the Housing Act 1964, and
the enactments mentioned in subsection (4) of the foregoing section,
The social work committee, or any sub-committee thereof, may include persons specially qualified by reason of experience or training in matters relating to the functions of the committee, notwithstanding that they are not members of the local authority: Provided that at least two-thirds of the members of the committee, and a majority of the members of any sub-committee thereof, shall be members of the authority.
Sections 39 and 40 of the Children Act 1948 (provisions relating to establishment of children's committee) shall cease to have effect.
For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.
The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.
Any vacancy in the appointment of director of social work shall be advertised by the local authority and, unless and until the Secretary of State prescribes qualifications under the last foregoing subsection, copies of all the applications received for the vacancy shall be forwarded by the local authority to the Secretary of State who shall compile a list of those applicants whom he considers qualified for the appointment, and if he considers none of the applicants to be qualified for the appointment he shall require the local authority to re-advertise the vacancy, and the local authority shall comply with the requirement with or without any change in the terms and conditions of service offered.
The Secretary of State shall send a copy of any such list as aforesaid to the local authority who submitted the applications from which the list was compiled, and the local authority shall appoint a person from among those named on that list, or, if they do not wish to appoint a person so nominated, a person nominated on a subsequent list compiled as aforesaid after re-advertisement of the vacancy.
The director of social work shall hold his office during the pleasure of the local authority, but he shall not be removed therefrom, or be required to resign as an alternative thereto, except by a resolution of that authority passed by not less than two-thirds of the members present at a meeting of the authority, notice of which specifies as an item of business the consideration of the removal from office of the director of social work or his being required to resign.
The director of social work of a local authority shall not, except with the consent of the Secretary of State, be employed by that authority in any other capacity.
A local authority shall secure the provision of adequate staff for assisting the director of social work in the performance of his functions.
The provisions as to remuneration and tenure of office contained in sections 82 and 92 of the Local Government (Scotland) Act 1947, so far as these provisions are not inconsistent with any of the foregoing provisions of this section, shall apply to directors of social work and their staffs.
Section 41 of the Children Act 1948 (children's officer) shall cease to have effect.
Where a function is assigned to a local authority under this Act or section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of 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 Part II of the Children (Scotland) Act 1995 or any of Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) or Part 2, 3, 4, 5 or 6 of the Carers (Scotland) Act 2016, and a voluntary organisation or other person, including another local authority, is able to assist in the performance of that function, the local authority may make arrangements with such an organisation or other person for the provision of such assistance as aforesaid.
Local authorities shall perform their functions under this Act , Part 2 of the Children (Scotland) Act 1995, the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1) Part 6 (in so far as it applies to looked after children) and Parts 12 and 13 of the Children and Young People (Scotland) Act 2014 (asp 8) , Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) and the Carers (Scotland) Act 2016 under the general guidance of the Secretary of State.
The Secretary of State may make regulations in relation to—
the performance of the functions assigned to local authorities by this Act;
the activities of voluntary organisations in so far as those activities are concerned with the like purposes;
the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) , (o) ,(p) , (q) and (s) of subsection (1B) above;
. . ..
Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in subsection (1B) below; and a local authority shall comply with any direction made under this subsection.
Without prejudice to the generality of subsection (2) above, regulations under this section may make such provision as is mentioned in subsection (4) of this section as regards—
the boarding out of persons other than children by local authorities and voluntary organisations, whether under any enactment or otherwise; and
the placing of children under paragraph (a), or the making of arrangements in respect of children under paragraph (c), of section 26(1) of the Children (Scotland) Act 1995, by local authorities.
in the case of a child, for securing that, where possible, the person with whom any child is to be boarded out is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that religious persuasion ;
for securing that persons boarded out as aforesaid, and the places in which they are boarded out, shall be supervised and inspected by a local authority or voluntary organisation, as the case may be, and that those persons shall be removed from those places if their welfare appears to require it.
The enactments referred to in subsection (1A) above are—
this Act as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 and the Disabled Persons (Services, Consultation and Representation) Act 1986;
Part IV of the Children and Young Persons (Scotland) Act 1937;
section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the National Assistance Act 1948;
the Disabled Persons (Employment) Act 1958;
sections 10 to 12 of the Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the Guardianship Act 1973;
sections 44, 51 and 216 of the Criminal Procedure (Scotland) Act 1995;
the Children Act 1975;
the Adoption Act 1976;
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sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983;
the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
the Foster Children (Scotland) Act 1984;
sections 38(b) and 235 of the Housing (Scotland) Act 1987;
the Access to Personal Files Act 1987; . . .
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Part II of the Children (Scotland) Act 1995;
the Adoption and Children (Scotland) Act 2007 (asp 4);
the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1);
Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011(asp 1);
Part 6 (in so far as it applies to looked after children) of the Children and Young People (Scotland) Act 2014 (asp 8);
the Carers (Scotland) Act 2016.
In subsections (1) and (1B) of this section, the references to looked after children are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.
The provision referred to in subsection (3) of this section is—
for the recording—
by local authorities and voluntary organisations, of information relating to those with whom persons are so boarded out, or who are willing to have persons so boarded out with them; and
by local authorities, of information relating to those with whom children are so placed or with whom such arrangements are made or who are willing to have children so placed with them or to enter into such arrangements;
for securing that—
persons are not so boarded out in any household unless it is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations; and
children are not so placed or, in accordance with such arrangements, provided with accommodation, in any household unless it is for the time being approved by the local authority placing the child or as the case may be making the arrangements;
for securing that, where possible, the person with whom a child is so placed or with whom such arrangements are made is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that persuasion;
for securing— and that he shall be removed from the place in question if his welfare appears to require it.
that a person who is, and the place in which he is, so boarded out by a local authority or voluntary organisation is supervised and inspected by that authority or organisation; and
that a child who is, and the place in which he is, so placed or, in accordance with such arrangements, provided with accommodation, by a local authority is supervised and inspected by that authority,
In subsections (3) and (4) of this section, “child” means a person who is under the age of 18.
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Any duly authorised officer of the Secretary of State may enter any of the following places for the purpose of making such examinations into the state and management of the place, and the condition and treatment of the persons in it, as he thinks necessary and for the purpose of inspecting any records or registers required to be kept therein by virtue of this Act, that is to say—
any residential or other establishment provided by a local authority or a voluntary organisation or other person for the purposes of this Act;
any place where there is being maintained—
a foster child within the meaning of the Children Act 1958,
a protected child within the meaning of Part IV of the Adoption Act 1958 ;
any place where any person is for the time being boarded out by a local authority or a voluntary organisation;
any place registrable under the Nurseries and Child Minders Regulation Act 1948 or the home of any person so registrable.
Any such officer as aforesaid may at all reasonable times enter the offices of a local authority or of a voluntary organisation for the purpose of inspecting any records or registers relating to any establishment or place mentioned in the foregoing subsection or relating to any persons to whom the authority or organisation has made available advice, guidance or assistance in pursuance of this Act, or who may require such advice, guidance or assistance, and may carry out that inspection.
The power conferred by subsection (1) of this section may be exercised in respect of any place which an officer has reasonable cause to believe to be used as an establishment in respect of which the person carrying on the establishment is registrable under Part IV of this Act.
An officer who proposes to exercise any power of entry or inspection conferred by this section shall, if so required, produce a duly authenticated document showing his authority to exercise the power.
Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding ten pounds in the case of a first offence and fifty pounds in any other case.
The Scottish Ministers are to—
designate a member of their staff as the National Chief Social Work Adviser to—
advise them on policy in relation to social work and the protection of individuals at particular risk of harm, and
prepare an annual report for the Scottish Ministers on the state of social work services and the social work workforce,
organise other members of their staff into an agency named the National Social Work Agency to support the National Chief Social Work Adviser.
The member of staff designated as the National Chief Social Work Adviser must be registered as a social worker in a register that is a relevant register within the meaning of section 52(2) of the Regulation of Care (Scotland) Act 2001.
There shall be an Advisory Council on Social Work (hereafter in this section referred to as the Council) to be appointed by the Secretary of State, for the purpose of advising him on matters connected with the performance of his functions and those of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.
The Council shall consist of such persons, to be appointed by the Secretary of State, as he may think fit, being persons specially qualified to deal with the aforesaid matters and other persons having experience which the Secretary of State considers valuable; and among the persons appointed under this subsection there shall be persons having experience in local government.
The Secretary of State shall appoint a chairman, and a secretary, of the Council.
It shall be the duty of the Council to advise the Secretary of State on any matter which he may refer to them, being such a matter as is mentioned in subsection (1) of this section, and they may also, of their own motion, make representations to the Secretary of State on any such matter as is mentioned in that subsection.
The Secretary of State may require the Council to appoint, and the Council, with the approval of the Secretary of State, shall have power to appoint committees to deal with any matter mentioned in the said subsection (1), and any committee appointed under this subsection shall include such persons as may be nominated by the Secretary of State.
The Secretary of State may make such payments to the members of the Council and to the members of any committees appointed under the provisions of this section, in respect of travelling, subsistence and other expenses as he may with the consent of the Treasury determine.
On the establishment of the Council, the Advisory Council on Child Care for Scotland and the After Care Council shall cease to exist and the records of those bodies shall pass to and vest in the Council.
Section 44 of the Children Act 1948 (Advisory Council on Child Care for Scotland) and section 18(1) to (3A) of the Prisons (Scotland) Act 1952 (After Care Council) shall cease to have effect.
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Without prejudice to section 6B(1) of this Act, the Secretary of State may cause an inquiry to be held into—
the functions of a local authority under this Act or any of the enactments mentioned in section 5(1B) of this Act;
the functions of an adoption society, within the meaning of section 119(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);
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the detention of a child under—
section 57 of the Children and Young Persons (Scotland) Act 1937; or
section 44 , 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995; ...
the functions of the Principal Reporter under the Children’s Hearings (Scotland) Act 2011 (asp 1) or any other enactment; or
the functions conferred on the National Convener of Children’s Hearings Scotland by virtue of the Children’s Hearings (Scotland) Act 2011 (asp 1).
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.
Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions in relation to social welfare.
The Secretary of State and any local authority may make financial assistance available in connection with any research which they may conduct or which they may assist other persons in conducting under the provisions of this section.
The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services 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).
The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards any fees or expenses incurred by persons undergoing training for any of 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) in circumstances such that it appears to the Secretary of State requisite that the grants should be made, and may defray or contribute towards the cost of maintenance of persons undergoing such training.
The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by any body of persons in providing training as aforesaid.
The Secretary of State may make grants and loans of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by voluntary organisations or other persons engaged in any activity connected under this Act or under the mentioned in paragraphs (b),(d),(e),(g),(h),(i), (l) , (p) and (u) of section 5(1B) of this Act, in circumstances where it appears to the Secretary of State that such grants or loans should be made.
his functions; with—
the functions of local authorities,
The conditions on which any grants are paid by the Scottish Ministers under subsection (1) or (1A) above may include conditions for securing the repayment in whole or in part of such grants.
The Scottish Ministers may make grants and loans of such amounts, and subject to such conditions, as they may determine to a voluntary organisation engaged as is mentioned in subsection (1) above to enable that organisation (in this section referred to as the “primary organisation”) to make grants and loans (in this section referred to as “secondary grants and loans”) to other voluntary organisations, or other persons, so engaged, in circumstances where it appears to the primary organisation that the secondary grants and loans should be made; and the Scottish Ministers may require that any secondary grant be subject to such conditions (including conditions for securing the repayment in whole or in part of that grant) as they may specify.
A local authority may make contributions by way of grant or loan to any voluntary organisation the sole or primary object of which is to promote social welfare.
A local authority may also make available to such a voluntary organisation as aforesaid the use of premises belonging to the authority on such terms as may be agreed, and furniture, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff employed by the authority in connection with the premises or other things belonging to the local authority which the voluntary organisation is permitted to use.
On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under section 65 of the Health Services and Public Health Act 1968 and section 16B of the National Health Service (Scotland) Act 1978 shall cease in so far as any such assistance may be given under this section.
In subsection (3) above, “voluntary organisation the sole or primary object of which is to promote social welfare” includes a person providing, as mentioned in paragraph 8(1)(b) of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8), an adoption ... service registered under Part 5 of that Act.
A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated in or outside their area for the purposes of any of their functions under this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1).
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if the last foregoing subsection had been in force immediately before the commencement of that Act.
It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate, and such assistance may , subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person..
A person is a relevant person for the purposes of this section if, not being less than eighteen years of age, he is in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person’s need would cause greater expense to the local authority on a later occasion.
a person, being a child under the age of eighteen, requiring assistance in kind, or in exceptional circumstances in cash, where such assistance appears to the local authority likely to diminish the need—
to receive him into, or to keep him in, care under this Part of this Act, or
of his being referred to a children's hearing under Part III of this Act;
a person in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person's need would cause greater expense to the local authority on a later occasion.
Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need.
A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—
because he is destitute; or
because of the physical effects, or anticipated physical effects, of his being destitute.
Assistance given in kind or in cash to, or in respect of, persons under this section may be given unconditionally or subject to such conditions as to the repayment of the assistance, or of its value, whether in whole or in part, as the local authority may consider reasonable having regard to the means of the person receiving the assistance and to the eligibility of the person for assistance from any other statutory body.
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 (2A) 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.
Nothing in the provisions of this section shall affect the performance by a local authority of their functions under any other enactment.
In determining, for the purposes of this section, whether to make available assistance by providing, or securing the provision of, residential accommodation to a person, a local authority shall disregard so much of the person’s resources— and any order made by virtue of this subsection may make different provision for different cases and for different persons.
as may be prescribed; or
as is determined by them in such a way as may be prescribed,
An order made by virtue of paragraph (a) of subsection (3A) of this section may prescribe circumstances in which assistance such as is mentioned in that subsection is to be made available disregarding entirely a person’s resources.
In subsections (3A) and (3B) of this section, references to a person’s resources are to resources within the meaning of the order prescribing the amount, or as the case may be the way, in question.
A statutory instrument made in exercise of the power conferred by paragraph (a) or (b) of subsection (3A) of this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.
Where, by virtue of section 12 of this Act, a local authority make arrangements or provide or secure the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, that local authority may assist such persons in disposing of the produce of their work.
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—
shall make an assessment of the needs of that person for those services; and
shall then decide, having regard to the results of that assessment, and taking account— whether the needs of the person being assessed call for the provision of any such services.
if an adult carer provides, or intends to provide, care for that person, of the care provided by that carer,
if a young carer provides, or intends to provide, care for that person, of the care provided by that carer,
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),
In subsection (1)(b)(i) and (ia), the reference to the care provided by a carer means—
in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,
in the case of a young carer who has a young carer statement, the information about that care set out in that statement.
In— a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.
assessing the needs of a person for services under subsection (1)(a),
deciding under subsection (1)(b) whether those needs call for the provision of any services, and
deciding how any such services are to be provided,
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.
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— 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.
of any services under the National Health Service (Scotland) Act 1978 by the Health Board—
in whose area he is ordinarily resident; or
in whose area the services to be supplied by the local authority are, or are likely, to be provided; or
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,
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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–
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
inform him that they will be doing so and of his rights under that Act.
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.
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.
This section is without prejudice to section 3 of the said Act of 1986.
In this section—
“medical practitioner” means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.
Subsection (4) applies where—
a local authority is required by section 12A(1)(a) to carry out an assessment of the needs of a person (the “supported person”) for community care services,
it appears to the authority that the supported person falls within subsection (2), and
the conditions in subsection (3) are satisfied.
A supported person falls within this subsection if—
because of mental disorder, the supported person would benefit from receiving assistance from another person in relation to the carrying out of the assessment,
because of difficulties in communicating due to physical disability, the supported person would benefit from receiving assistance from another person to communicate in relation to the carrying out of the assessment.
The conditions are—
there is no guardian, continuing attorney or welfare attorney with powers as respects the provision of assistance in relation to the carrying out of the assessment, and
an intervention order has not been granted as respects the provision of assistance in relation to the carrying out of the assessment.
The authority must take reasonable steps—
to identify persons who are able to assist the supported person, and
if the supported person agrees, to involve them in assisting the supported person in relation to the carrying out of the assessment or, as the case may be, communicating in relation to the carrying out of the assessment.
In this section—
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Where— the local authority may take any steps which they consider would help the adult to benefit from the service.
a local authority have decided under section 12A of this Act that an adult's needs call for the provision of a community care service; and
it appears to the local authority that the adult is incapable in relation to decisions about the service,
Without prejudice to the generality of subsection (1) above, steps that may be taken by the local authority include moving the adult to residential accommodation provided in pursuance of this Part.
The principles set out in subsection (2) to (4) of section 1 of the 2000 Act apply in relation to any steps taken under subsection (1) above as they apply to interventions in the affairs of an adult under or in pursuance of that Act.
Subsection (1) does not authorise a local authority to take steps if they are aware that—
there is a guardian or welfare attorney with powers relating to the proposed steps;
an intervention order has been granted relating to the proposed steps; or
an application has been made (but not yet determined) for an intervention order or guardianship order under Part 6 of the 2000 Act relating to the proposed steps.
In this section—
“ the 2000 Act ” means the Adults with Incapacity (Scotland) Act 2000 (asp 4);
“ adult ” has the meaning given in section 1(6) of the 2000 Act;
“ community care service ” has the meaning given in section 5A of this Act;
“ incapable ” has the meaning given in section 1(6) of the 2000 Act;
“ intervention order ” is to be construed in accordance with section 53 of the 2000 Act”;
the reference to a guardian includes a reference to—
a guardian appointed under the 2000 Act; and
a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland;
the reference to a welfare attorney includes a reference to—
a welfare attorney within the meaning of section 16 of the 2000 Act; and
a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.
It shall be the duty of every local authority to provide on such scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate of, home helpdomiciliary services for households where such help isservices are required owing to the presence, or the proposed presence, of a person in need or a person who is an expectant mother or lying-in, and every such authority shall have power to provide or arrange for the provision of laundry facilities for households for which home help isdomiciliary services are being, or can be, provided under this subsection.
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On the coming into operation of the provisions of this and the last two foregoing sections, the provisions of sections 13, 44 and 45 of the Health Services and Public Health Act 1968 shall cease to have effect.
Without prejudice to section 12 of this Act, a local authority shall 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.
provide and maintain; or
make such arrangements as they consider appropriate and adequate for the provision of
. . . 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—
an independent health care service which is a private psychiatric hospital; or
a care home service.
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).
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).
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.
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—
because he is destitute; or
because of the physical effects, or anticipated physical effects, of his being destitute.
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.
Without prejudice to the generality of the foregoing provisions of this Part of this Act, where it appears to a local authority with respect to a child in their area appearing to them to be under the age of seventeen— it shall be the duty of the local authority to receive the child into their care under this section.
that he has neither parent nor guardian or has been and remains abandoned by his parent or guardian or is lost; or
that his parent or guardian is, for the time being or permanently, prevented by reason of illness or mental disorder or bodily disease or infirmity or other incapacity or any other circumstances from providing for his proper accommodation, maintenance and upbringing ; and
in either case, that the intervention of the local authority under this section is necessary in the interests of the welfare of the child,
Where a local authority have received a child into their care under this section, it shall, subject to the provisions of this Part of this Act, be their duty to keep the child in their care so long as the welfare of the child appears to them to require it and the child has not attained the age of eighteen.
If, at the time when a child is received into the care of a local authority under this section, the whereabouts of any parent or guardian of his are unknown, it shall be the duty of the local authority to take all reasonable steps to discover them ; and nothing in this section shall authorise a local authority to keep a child in their care under this section if any parent or guardian desires to take over the care of the child, and the local authority shall, in all cases where it appears to them consistent with the welfare of the child so to do, endeavour to secure that the care of the child is taken over either—
by a parent or guardian of his, or
by a relative or friend of his, being, where possible, a person of the same religious persuasion as the child or who gives an undertaking that the child will be brought up in that religious persuasion.
Where a local authority receive a child into their care under this section who is then ordinarily resident in the area of another local authority, that other local authority may within three months after the determination (whether by agreement between the authorities or under section 86 of this Act) of the ordinary residence of the child, or with the concurrence of the first-mentioned authority at any subsequent time, take over the care of the child; and a local authority shall not exercise their right to take over the care of a child under this subsection unless they are satisfied that the taking-over will not be detrimental to his welfare.
Where under the last foregoing subsection a local authority take over the care of a child from another local authority, that other authority shall where possible inform the parent of the child that the care of the child has been so taken over.
Subject to the provisions of this Part of this Act, a local authority may, with respect to any child in their care under the last foregoing section in whose case it appears to them— resolve that all the rights and powers which the deceased parent would have if he were still living, or, as the case may be, all the rights and powers of the person on whose account the resolution was passed, shall vest in the local authority.
that his parents are dead and that he has no guardian; or
that a parent or guardian of his (hereafter in this Part of this Act referred to as the person on whose account the resolution was passed)—
has abandoned him, or
suffers from some permanent disability rendering the said person incapable of caring for the child, or
suffers from a mental disorder which renders him unfit to have the care of the child, or
is of such habits or mode of life as to be unfit to have the care of the child, or
has so persistently failed without reasonable cause to discharge the obligations of a parent or guardian as to be unfit to have the care of the child,
In the case of a resolution passed by virtue of paragraph (b) of the last foregoing subsection, unless the person on whose account the resolution was passed has consented in writing to the passing of the resolution, the local authority, if the whereabouts of the said person are known to them, shall forthwith after the passing of the resolution serve on him notice in writing of the passing thereof; and if, not later than one month after such a notice is served on him, the person on whose account the resolution was passed serves a notice in writing on the local authority objecting to the resolution, the resolution shall, subject to the provisions of subsection (3) of this section, lapse on the expiration of fourteen days from the service of the notice of objection. Every notice served by a local authority under this subsection shall inform the person on whom the notice is served of his right to object to the resolution and of the effect of any objection made by him.
Where a notice has been served on a local authority under the last foregoing subsection, the authority may, not later than fourteen days from the receipt by them of the notice, apply by way of summary application against the objection to the resolution to the sheriff having jurisdiction in the area of the authority, and in that event the resolution shall not lapse by reason of the service of the notice until the determination of the application, and the sheriff may, on the hearing of the application, order that the resolution shall not lapse by reason of the service of the notice: Provided that the sheriff shall not so order unless satisfied that the child had been, and at the time when the resolution was passed remained, abandoned by the person who made the objection, or that that person is unfit to have the care of the child by reason of mental disorder within the meaning of the Mental Health (Scotland) Act 1960, or, in the case of a person furth of Scotland, would be deemed to be so unfit if that Act applied to him, or by reason of his habits or mode of life, or by reason of his persistent failure to discharge the obligations of a parent or guardian.
Where, after a child has been received into the care of a local authority under the last foregoing section, the whereabouts of any parent or guardian of his have remained unknown for not less than twelve months, the parent or guardian shall, for the purposes of the foregoing provisions of this section, be deemed to have abandoned the child.
Any notice under this section may be served by post, so however that a notice served by a local authority under subsection (2) of this section shall not be duly served by post unless it is sent in a registered letter or by recorded delivery service.
While a resolution passed by virtue of paragraph (a) of subsection (1) of section 16 of this Act is in force with respect to a child, all rights and powers which the deceased parents would have if they were still living shall, in respect of the child, be vested in the local authority in accordance with the resolution.
While a resolution passed by virtue of paragraph (b) of the said subsection (1) is in force with respect to a child, all rights and powers of the person on whose account the resolution was passed shall, in respect of the child, be vested in the local authority in accordance with the resolution, and subsection (3) of section 15 of this Act shall not, in respect of the child, apply in relation to the person on whose account the resolution was passed.
A resolution under section 16 of this Act shall not prevent the local authority from allowing, either for a fixed period or until the local authority otherwise determine, the care of the child to be taken over by, and the child to be under the control of, a parent, guardian, relative or friend in any case where it appears to the authority to be for the benefit of the child.
Where a resolution under section 16 of this Act is in force in respect of a child and the child has ceased to be in the care of the local authority by whom the resolution was passed, then (without prejudice to the provisions of section 15 of this Act if those provisions apply) the local authority by whom the resolution was passed shall have power to receive the child back into their care in any circumstances in which it appears to them that their intervention under this subsection is necessary in the interests of the welfare of the child.
Where a local authority receive a child into their care under the last foregoing subsection, the provisions of this Act, except subsection (4) of section 15 thereof, shall apply as if the child had been received into their care under the said section 15.
A resolution under the said section 16 shall not relieve any person from any liability to maintain, or contribute to the maintenance of, the child.
A resolution under the said section 16 shall not authorise a local authority to cause a child to be brought up in any religious persuasion other than that in which he would have been brought up but for the resolution.
Any person who— shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
knowingly assists or induces or persistently attempts to induce a child to whom this section applies to run away, or
without lawful authority takes away such a child, or
knowingly harbours or conceals such a child who has run away or who has been taken away or prevents him from returning,
Where a local authority have, in accordance with subsection (3) of this section, allowed any person to take over the care of a child with respect to whom a resolution under the said section 16 is in force and have by notice in writing required that person to return the child at a time specified in the notice (which, if that person has been allowed to take over the care of the child for a fixed period, shall not be earlier than the end of that period) any person who harbours or conceals the child after that time or prevents him from returning as required by the notice shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
Subject to the provisions of this Part of this Act, a resolution under section 16 of this Act shall continue in force until the child with respect to whom it was passed attains the age of eighteen.
A resolution under the said section 16 may be rescinded by resolution of the local authority if it appears to them that the rescinding of the resolution will be for the benefit of the child.
On a summary application for the determining of a resolution being made— the sheriff, having jurisdiction where the applicant resides, if satisfied that there was no ground for the making of the resolution or that the resolution should in the interests of the child be determined, may by order determine the resolution, and the resolution shall thereupon cease to have effect: Provided that, if the sheriff thinks fit, he may, in lieu of determining the resolution, order that, either for a fixed period or until he, or, if the order so provides, the local authority, otherwise direct, the local authority shall allow the care of the child to be taken over by, and the child to be under the control of, the applicant.
in the case of a resolution passed by virtue of paragraph (a) of subsection (1) of the said section 16, by a person claiming to be a parent or guardian of the child;
in the case of a resolution passed by virtue of paragraph (b) thereof, by the person on whose account the resolution was passed,
A court may entertain an application under section 4(2A) of the Guardianship of Infants Act 1925 to appoint a guardian of an infant notwithstanding that, by virtue of a resolution under section 16 of this Act, a local authority have parental rights with respect to him; but where on such an application the court appoints a guardian the resolution shall cease to have effect.
Where a child is in the care of a local authority under any enactment, it shall be the duty of that authority to exercise their powers with respect to him so as to further his best interests, and to afford him opportunity for the proper development of his character and abilities.
In providing for a child in their care as aforesaid, a local authority shall make such use of facilities and services available for children in the care of their own parents as appears to the local authority reasonable in his case.
Where a local authority allow the care of a child to be taken over under section 17(3) or 18(3) of this Act, their duties in respect of the child under this section shall not be affected by that take-over.
Subject to the provisions of this section, a local authority shall discharge their duty to provide accommodation and maintenance for a child in their care—
by boarding him out on such terms as to payment by the authority and otherwise as the authority may, subject to the provisions of this Act and regulations thereunder, determine; or
by maintaining the child in a residential establishment.
Nothing in the foregoing subsection shall be construed as preventing a local authority from making use, in the case of any child, of any such facilities and services as are referred to in subsection (2) of the last foregoing section, and for that purpose arranging for his accommodation and maintenance in any suitable manner not specified in the last foregoing subsection.
Arrangements may be made by a local authority under this section for boarding out a child in England or Wales or for maintaining him in any accommodation in England or Wales which a local authority in those countries is authorised to use for that purpose by virtue of section 13 of the Children Act 1948.
A local authority or a voluntary organisation may, with the consent of the Secretary of State, arrange or assist in arranging the emigration of any child in their care.
The Secretary of State shall not give his consent under this section unless he is satisfied that emigration would benefit the child, and that suitable arrangements have been or will be made for the child's reception and welfare in the country to which he is going, that the parent of the child has been consulted or that it is not practicable to consult him, and that the child consents: Provided that where a child is too young to form or express a proper opinion on the matter, the Secretary of State may consent to his emigration notwithstanding that the child is unable to consent thereto in any case where the child is to emigrate in company with a parent or relative of his, or is to emigrate for the purpose of joining a parent, relative or friend.
Without prejudice to the provisions of section 12 of this Act a local authority may make contributions to the cost of the accommodation and maintenance of any person— in any place near the place where he may be employed, or seeking employment, or in receipt of education or training.
who is over school age but has not attained the age of twenty-one; and
who is, or has at any time after ceasing to be of school age been, in the care of a local authority,
A local authority may make grants to persons who are over school age, but have not attained the age of twenty-one, and who at or after the time when they ceased to be of school age were in the care of a local authority, to enable them to meet expenses connected with their receiving suitable education or training.
Where a person— then if a local authority are at the said time, or were at the time when the course was interrupted, as the case may be, making any contributions or grants in respect of him under any of the foregoing provisions of this section, their powers under those provisions shall continue with respect to him until the completion of the course.
is engaged in a course of education or training at the time when he attains the age of twenty-one; or
having previously been engaged in a course of education or training which has been interrupted by any circumstances, resumes the course as soon as practicable,
Where it comes to the knowledge of a local authority that there is in their area any child over school age who at the time when he ceased to be of that age or at any subsequent time was, but is no longer.— then, unless the authority are satisfied that the welfare of the child does not require it, they shall be under a duty so long as he has not attained the age of eighteen to advise, guide or assist him: Provided that where in a case falling within paragraph (b) of this subsection the local authority are satisfied that the voluntary organisation have the necessary facilities, the local authority may make arrangements whereby, while the arrangements continue in force, he shall be advised, guided or assisted by the voluntary organisation instead of by the local authority.
in the care of a local authority, or
in the care of a voluntary organisation,
Where a child over school age— the authority or organisation shall inform the local authority for the area in which the child proposes to reside.
ceases to be in the care of a local authority under section 15 of this Act and proposes to reside in the area of another local authority, or
ceases to be in the care of a voluntary organisation,
Where it comes to the knowledge of a local authority or a voluntary organisation that a child whom they have been advising, guiding or assisting in pursuance of this section proposes to transfer or has transferred his residence to the area of another local authority, the first-mentioned local authority or, as the case may be, the voluntary organisation shall inform the other local authority.
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.
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.
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—
because he is destitute; or
because of the physical effects, or anticipated physical effects, of his being destitute.
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.
It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—
making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case
making available to any court, in accordance with section 22A(1A) or 23B(6) of the Criminal Procedure (Scotland) Act 1995, such information as may be relevant to the court’s determination of whether to grant bail to persons who are accused of or charged with an offence;
the supervision of, and the provision of advice, guidance and assistance for—
persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and
persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment; and
without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community payback order imposed under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement ; and
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without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995;
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without prejudice to sub-paragraph (i) above, persons in their area who are under 18 years of age and subject to restriction of liberty orders under section 245A of the said Act of 1995;
persons in their area aged 16 and 17 years who are subject to a compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children’s Hearings (Scotland) Act 2011 (asp 1);
persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; ...
persons in their area who are subject to work orders under section 303ZA(6) of the said Act of 1995;
making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;
making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;
the provision of advice, guidance and assistance for persons who are in prison or subject to any other form of detention and who— and who on release from such imprisonment or detention, it appears to the local authority, will be required to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;
resided in their area immediately prior to such imprisonment or detention; or
intend to reside in their area on release from such imprisonment or detention,
making available, for the purposes of parenting orders under section 13 or 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), such services as are required to enable requirements imposed by or under such orders to be carried out in respect of persons in their area;
making available to the Scottish Ministers such background and other reports as the Scottish Ministers may request in relation to the exercise of their functions under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9);
the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.
For the purposes of subsection (1) above every local authority shall, ..., prepare a scheme (hereinafter referred to as a community justice scheme) and submit it by such date, as he may require, to the Secretary of State for his approval.
A local authority may provide advice, guidance or assistance for any person who—
would fall to be provided for under paragraph (ac) of subsection (1) above but for the fact that it appears to the local authority that he will not be required to be under any form of supervision on release as mentioned in that paragraph; and
requests such advice, guidance or assistance.
A community justice scheme shall make provision with regard to the following matters—
the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;
arrangements for the attendance of officers of the local authority at the court;
the matters to be included in such a report;
arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to a committee or sub-committee of such authorities;
arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and
such other matters as the local authority considers relevant to the service to be provided.
Where as respects any person more than one local authority is required by paragraph (ac) of subsection (1) to make such provision as is mentioned in that paragraph, they may agree between themselves that only one of them shall do so; and where there is such agreement the paragraph shall apply accordingly.
The Secretary of State may approve a community justice scheme with or without modifications.
In paragraphs (ac) and (b)(i) and (ii) of subsection (1) above, “enactment” includes an Act of the Scottish Parliament.
A local authority may apply to the Secretary of State for the revision of a community justice scheme and, if the Secretary of State so requires, shall prepare and submit to the Secretary of State for his approval a revised scheme or a modification of an existing scheme.
The Scottish Ministers may by order amend subsection (1) above so as (any or all)—
to add to the functions for the time being described;
to omit any of those functions;
to alter any of those functions.
Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.
Section 11 of and Schedule 3 to the Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.
Before including in a community justice scheme which is made, revised or modified under this section provision for the purposes of subsection (1)(b)(va) or (viii), a local authority shall consult such persons or class or classes of person as the Scottish Ministers may by regulations prescribe.
The Scottish Ministers may give local authorities directions in writing as to the content of community justice schemes; and authorities shall comply with any such directions.
The power conferred by subsection (5B) above to give a direction shall include power to vary or revoke the direction.
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)—
who is arrested and detained in police custody in their area, but only during the period of such detention; or
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.
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.
In subsection (1) above, “ dependency problems ” means problems relating to a dependency on drugs, alcohol or some other substance.
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.
In subsection (1) above, a “relevant service” means a service—
for the purposes mentioned in section 27(1) or 27ZA of this Act;
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for such other similar purposes as the Scottish Ministers may prescribe.
Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.
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.
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.
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.
In subsection (1) above, “relevant expenditure” means expenditure incurred by, ... that local authority in— residential accommodation wholly or mainly for the persons mentioned in subsection (2) below.
providing; or
contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,
Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.
The persons referred to in subsection (1A) above are–
persons mentioned in section 27(1)(b)(i) and (ii) of this Act;
persons who have been charged with an offence and are on bail;
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
such other classes of persons as the Secretary of State may prescribe.
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.
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A local authority may cause to be buried or cremated the body of any deceased person who immediately before his death was in the care of, or receiving assistance from, the authority: Provided that the authority shall not cause the body to be cremated where cremation is not in accordance with the practice of the person's religious persuasion.
An authority may recover from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death expenses incurred under subsection (1) of this section and not reimbursed under section 39 of the National Insurance Act 1965.
A local authority may make payments to any parent, relative or other person connected with — in respect of travelling, subsistence or other expenses incurred by the parent, relative or other person in visiting the person or child, if it appears to the authority that the parent, relative or other person would not otherwise be able to visit him without undue hardship and that the circumstances warrant the making of the payments.
a person, other than a child, in the care of the authority or receiving assistance from the authority; or
a child who is being looked after by the authority,
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In subsection (1), “child” has the meaning given by section 93(2)(a) of the Children (Scotland) Act 1995.
In subsection (1), the reference to a child who is “looked after” by a local authority is to be construed in accordance with section 17(6) of that Act of 1995.
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Except where otherwise expressly provided, a child for the purposes of this Part of this Act means—
a child who has not attained the age of sixteen years;
a child over the age of sixteen years who has not attained the age of eighteen years and in respect of whom a supervision requirement of a children's hearing is in force under this Part of this Act;
a child whose case has been referred to a children's hearing in pursuance of Part V of this Act.
For the said purposes the expression " parent" includes a guardian.
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Part IV of the Children and Young Persons (Scotland) Act 1937 shall have effect subject to the amendments set out in Schedule 2 to this Act.
A child may be in need of compulsory measures of care within the meaning of this Part of this Act if any of the conditions mentioned in the next following subsection is satisfied with respect to him.
The conditions referred to in subsection (1) of this section are that—
he is beyond the control of his parent; or
through lack of parental care he is falling into bad associations or is exposed to moral danger; or
the lack of care as aforesaid is likely to cause him unnecessary suffering or seriously to impair his health or development; or
any of the offences mentioned in Schedule 1 to the Children and Young Persons (Scotland) Act 1937 has been committed in respect of him or in respect of a child who is a member of the same household; or
the child, being a female, is a member of the same household as a female in respect of whom an offence which constitutes the crime of incest has been committed by a member of that household ; or
he has failed to attend school regularly without reasonable excuse; or
he has committed an offence ; or
he is a child whose case has been referred to a children's hearing in pursuance of Part V of this Act.
For the purposes of this Part of this Act " care " includes protection, control, guidance and treatment.
A panel (to be called " the children's panel") shall be formed for every local authority area for the purposes of this Part of this Act.
Schedule 3 to this Act shall have effect with respect to the number, qualifications, appointment and tenure of office of members of a children's panel.
A local authority shall cause to be published a list of the names and addresses of members of the children's panel for their area, and that list shall be open for public inspection at all reasonable times at the offices of the director of social work of the local authority, and at any place where an electors list for the locality is exhibited.
Sittings of members of the children's panel, hereinafter referred to as children's hearings, shall be constituted from the panel in accordance with the provisions of this section to perform, in respect of children who may require compulsory measures of care, the functions assigned to those hearings by this Part of this Act.
A children's hearing shall consist of a chairman and two other members and shall have both a man and a woman among the members.
It shall be the duty of a local authority to provide suitable accommodation and facilities dissociated from criminal courts and police stations for children's hearings for their area, and such accommodation and faculties may be provided in the area of another local authority.
Any children's hearing shall be conducted in private, and, subject to the provisions of any rules made under this section, no person other than a person whose presence is necessary for the proper consideration of the case which is being heard, or whose presence is permitted by the chairman, shall be present.
The chairman shall take all reasonable steps to ensure that the number of persons present at a children's hearing at any one time is kept to a minimum.
Nothing in the foregoing provisions of this section, or in any rules made thereunder, shall operate to prevent a member of the Council on Tribunals, or of the Scottish Committee of that Council, attending any children's hearing, or shall authorise the exclusion of bona fide representatives of a newspaper or news agency.
The Secretary of State may make rules for the constituting and arranging of children's hearings and for regulating the procedure of those hearings.
Without prejudice to the generality of the last foregoing subsection, rules under that subsection may make provision with respect to —
notification of the time and place of a children's hearing to the child and his parent;
the statement of the grounds for the referral of the case to a children's hearing and the rights of the child and his parent to dispute the said grounds ;
the right to appeal to the sheriff against a decision of a children's hearing and the notification of the procedure before him;
the right of the child and his parent to be represented at the children's hearing;
the entitlement of the child and his parent to the refund of such expenses as may be prescribed in connection with the children's hearing and any proceedings arising therefrom;
persons whose presence shall be permitted at a children's hearing;
the continuation of a children's hearing for further investigation of a case before that hearing and the number and duration of such continuations.
For the purpose of arranging children's hearings and for the performance of such other functions in relation to the children's panel or to children's hearings as may be assigned to him by this Part of this Act, a local authority shall, in accordance with the provisions of this section, appoint an officer, whole-time or part-time, to be known as the reporter, and such other officers as deputies of the reporter as may be required.
Any vacancy in the appointment of reporter shall be advertised by the local authority, and copies of all the applications for the vacancy shall be forwarded by them to the Secretary of State who shall compile a list of those applicants whom he considers suitable for the appointment and if he considers none of the applicants to be suitable for appointment, he shall require the local authority to re-advertise the vacancy, and the local authority shall comply with the requirement with or without any change in the terms and conditions of service offered.
The Secretary of State shall send any such list as aforesaid to the local authority who submitted the applications from which the list was compiled, and the local authority shall appoint a person from among those named on that list, or, if they do not wish to appoint a person so nominated, a person nominated on a subsequent list compiled as aforesaid after re-advertisement of the vacancy.
A reporter may not be removed from office by a local authority or be required to resign except with the consent of the Secretary of State.
A reporter of a local authority shall not, except with the consent of the Secretary of State, be employed by that or any other local authority in any capacity other than that of a reporter.
A local authority shall secure the provision of adequate staff for assisting the reporter in the performance of his functions.
The provisions as to remuneration and tenure of office contained in sections 82 and 92 of the Local Government (Scotland) Act 1947, so far as these provisions are not inconsistent with any of the foregoing provisions of this section, shall apply to reporters and their staffs.
The Secretary of State may make rules in relation to the duties of the reporter.
Where any person has reasonable cause to believe that a child may be in need of compulsory measures of care he may give to the reporter such information about the child as he may have been able to discover.
A constable or any person authorised by any court or by any justice of the peace may take to a place of safety any child in respect of whom any of the offences mentioned in Schedule 1 to the Children and Young Persons (Scotland) Act 1937 or any offence under section 21(1) of that Act has been or is believed to have been committed, and any child so taken to a place of safety or any child who has taken refuge in a place of safety may be detained there until arrangements can be made for him to be brought before a children's hearing under the following provisions of this Part of this Act, and, where a child is so detained, the constable or the person authorised as aforesaid or the occupier of the place of safety shall forthwith inform the reporter of the case.
A child shall not continue to be detained under the last foregoing subsection—
where the reporter considers the child does not require compulsory measures of care, or
after the day on which a children's hearing first sit to consider his case in pursuance of the next following subsection, or
for a period exceeding seven days.
Where a child has been detained in a place of safety under subsection (2) of this section or under section 40(3) or 47(1) of the said Act of 1937, and the reporter considers that the child may be in need of compulsory measures of care, he shall, wherever practicable, arrange a children's hearing to sit not later than in the course of the first lawful day after the commencement of the child's detention to consider the case under this Part of this Act, and, if that hearing are unable to dispose of the case and are satisfied that his further detention is necessary in his own interest, or have reason to believe that he will run away during the investigation of his case, they may issue a warrant requiring the child to be detained in any place of safety for such a period not exceeding twenty-one days as may be necessary.
On cause shown a warrant authorising detention under the last foregoing subsection may be renewed, on one occasion only, for the period mentioned in that subsection on the application of the reporter.
In this section any reference to a justice of the peace includes a reference to a sheriff and to a magistrate.
Where a reporter receives information from any source of a case which may require a children's hearing to be arranged he shall, after making such initial investigation as he may think necessary, proceed with the case in accordance with the provisions of the next following section.
Paragraph (b) of section 17(1) of the Police (Scotland) Act 1967 shall, in relation to a child to whom this Part of this Act applies, have effect as if that paragraph imposed a requirement on constables of a police force to make the reports required thereby to the appropriate reporter in addition to the appropriate prosecutor.
Where the reporter decides that no further action on the case is required, he shall, where he considers this to be the proper course, so inform the child and his parent and the person who brought the case to his notice, or any of those persons.
Where the reporter considers it to be the proper course, he shall refer the case to the local authority with a view to their making arrangements for the advice, guidance and assistance of the child and his family in accordance with Part II of this Act.
Where it appears to the reporter that the child is in need of compulsory measures of care, he shall arrange a children's hearing to whom the case shall stand referred for consideration and determination.
Where the reporter has arranged a children's hearing in pursuance of the last foregoing subsection, he shall request from the local authority a report on the child and his social background and it shall be the duty of the authority to supply the report which may contain information from any such person as the reporter or the local authority may think fit.
Where the reporter has decided that no further action on the case is required, or has taken action in pursuance of subsection (2) of this section, he shall not thereafter take action under subsection (3) of this section in relation to the same facts.
Where a child has been notified by virtue of section 35 of this Act that his case has been referred to a children's hearing, he shall be under an obligation to attend that hearing in accordance with the notification.
Without prejudice to the provisions of section 42(1) of this Act, where a children's hearing are satisfied in a case concerned with an offence mentioned in Schedule 1 to the Children and Young Persons (Scotland) Act 1937 that the attendance of a child is not necessary for the just hearing of that case, or in any case where they are satisfied that it would be detrimental to the interest of the child to be present at the hearing of his case, the case, in whole or in part, may be considered in the absence of the child.
The reporter shall be responsible for securing the attendance of a child at the hearing of his case before a children's hearing and at any subsequent hearing to which the case is continued.
For the purpose of the last foregoing subsection, or where a child fails to attend at any hearing of his case, a children's hearing may, at the instance of the reporter on cause shown, or, as the case may be, of their own motion, issue a warrant for the apprehension of the child if satisfied of the necessity for such a course, and any warrant so issued shall be authority for bringing him before a children's hearing and for his detention in a place of safety.
A child shall not continue to be detained under the last foregoing subsection—
after the day on which a children's hearing first sit to consider his case in pursuance of the next following subsection, or
for a period exceeding seven days.
Where a child is apprehended in pursuance of subsection (4) of this section, and he cannot immediately be brought before a children's hearing, the reporter shall, wherever practicable, arrange a children's hearing to sit not later than in the course of the first lawful day after the apprehension of the child.
Where a children's hearing before whom a child is brought are unable to dispose of his case and have reason to believe that the child may not attend at any hearing of his case, or at any proceedings arising from the case, or may fail to comply with a requirement under section 43(4) of this Act, they may issue a warrant requiring the child to be detained in any place of safety for such a period not exceeding twenty-one days as may be necessary.
On cause shown a warrant authorising detention under the last foregoing subsection for securing the attendance of a child at the hearing of his case, or at any proceedings arising from his case, may be renewed, on one occasion only, for the period mentioned in that subsection on the application of the reporter.
A warrant of apprehension issued under this Part of this Act may be executed in like manner as a warrant of apprehension of an accused person issued by a court of summary jurisdiction, and any enactment relating to the execution of a warrant of apprehension issued by a court of summary jurisdiction shall, with any necessary modifications, apply in relation to the execution of a warrant of apprehension issued under this Part of this Act as it applies to a warrant of apprehension issued by a court of summary jurisdiction.
A parent of a child shall have a right to attend at all stages of a children's hearing who are considering the case of his child.
When a child's case is being considered by a children's hearing his parent shall attend at all stages of the hearing unless the children's hearing are satisfied that it would be unreasonable to require his attendance or that his attendance would be unnecessary to the consideration of the case.
Any person who fails to comply with the provisions of the foregoing subsection shall be guilty of an offence and shall on summary conviction be liable to a fine not exceeding fifty pounds.
Subject to the provisions of subsections (7) and (8) of this section, at the commencement of a children's hearing, and before proceeding to the consideration of the case, it shall be the duty of the chairman to explain to the child and his parent the grounds stated by the reporter for the referral of the case for the purpose of ascertaining whether these grounds are accepted in whole or in part by the child and his parent.
Thereafter—
where the child and his parent accept the grounds stated by the reporter for the referral the hearing shall proceed;
where the child and his parent accept those grounds in part and the children's hearing consider it proper so to do the hearing may proceed in respect of the grounds so accepted; and
in any other case, unless they decide to discharge the referral, the children's hearing shall direct the reporter to make application to the sheriff for a finding as to whether such grounds for the referral, as are not accepted by the child or his parent, are established having regard to the provisions of section 32 of this Act.
It shall be the duty of the chairman of a children's hearing who have made a direction under the last foregoing subsection to explain to the child and his parent the purpose for which the application to the sheriff is being made, and to inform the child that he is under an obligation to attend the hearing of the application, and where a child fails to attend at the hearing of the application the sheriff may issue a warrant for the apprehension of the child; and any warrant so issued shall be authority for bringing him before the sheriff and for his detention in a place of safety until the sheriff can hear the application, but a child shall not be detained under this subsection for a period exceeding seven days or after the sheriff has disposed of the application.
An application under subsection (2) of this section shall be heard by the sheriff in chambers within twenty-eight days of the lodging of the application and, without prejudice to their right to legal representation, a child or his parent may be represented at any diet fixed by the sheriff for the hearing of the application.
Where a sheriff decides that none of the grounds in respect of which the application has been made has been established for the referral of a case to a children's hearing, he shall dismiss the application and discharge the referral in respect of those grounds.
Where the sheriff is satisfied on the evidence before him that any of the grounds in respect of which the application has been made has been established he shall remit the case to the reporter to make arrangements for a children's hearing for consideration and determination of the case, and where a ground for the referral of the case is the condition referred to in section 32(2)(g) of this Act, the sheriff in hearing the application shall apply to the evidence relating to that ground the standard of proof required in criminal procedure.
Where a children's hearing are satisfied that the child for any reason is not capable of understanding the explanation of the grounds of referral required by subsection (1) of this section, or in the course of, or at the conclusion of that explanation, it appears not to be understood by the child, the hearing shall, unless they decide to discharge the referral, direct the reporter to make application to the sheriff for a finding as to whether any of the grounds for the referral have been established, and the provisions of this section relating to an application to the sheriff under subsection (2)(c) thereof shall apply as they apply to an application under that subsection.
The acceptance by a parent of the grounds of referral shall not be a requirement to proceeding with a case under this section where the parent is not present.
When a children's hearing have considered the grounds for the referral of a case, accepted or established under the last foregoing section, the report obtained under section 39(4) of this Act and such other relevant information as may be available to them, they shall proceed in accordance with the subsequent provisions of this section to consider on what course they should decide in the best interests of the child.
Where a children's hearing decide that no further action is required they shall discharge the referral.
Where a children's hearing consider that further investigation in relation to a child and his history is necessary to complete their consideration of his case they may continue the case to a subsequent hearing.
For the purpose of such an investigation as aforesaid, a children's hearing may require a child to attend or reside at any clinic, hospital or establishment during a period not exceeding twenty-one days.
Where a child fails to fulfil a requirement made in pursuance of the last foregoing subsection it shall be the duty of the reporter to arrange a children's hearing to consider the issue of a warrant for his detention under section 40 of this Act.
Subject to the provisions of this Part of this Act a children's hearing, where, after the consideration of his case, they decide that a child is in need of compulsory measures of care, may make a requirement, in this Act referred to as a supervision requirement, requiring him— and a condition imposed by virtue of head (a) of this subsection may be a condition as to the place where the child is to reside, being a place other than a residential establishment, and the place may be a place in England or Wales where arrangements have been made in that behalf.
to submit to supervision in accordance with such conditions as they may impose ; or
to reside in a residential establishment named in the requirement and be subject to such conditions as they may impose;
In making a supervision requirement requiring a child to reside in a residential establishment a children's hearing shall have regard to the religious persuasion of the child.
Without prejudice to the provisions of this Part of this Act relating to the review of supervision requirements, a children's hearing may, where they are satisfied that such a course is proper, postpone the operation of a supervision requirement, but otherwise a supervision requirement shall have effect as from the date it is made.
Where it appears to a children's hearing that the functions of the education authority under section 63 of the Education (Scotland) Act 1962 (ascertainment of children suffering from disability) may require to be exercised, they shall, in addition to any other course which they may take under this section, send a report to that effect to the education authority concerned.
It shall be the duty of the local authority to give effect to a supervision requirement made by a children's hearing for their area, and a child who is subject to such a supervision requirement shall, for the purposes of sections 16 to 18, 20, 24 to 26, 28 and 29 of this Act, be in their care: Provided that where the performance of a function under any of the said sections in relation to the child requires, or would be facilitated by, the variation or discharge of the supervision requirement, the local authority shall recommend a review of the requirement under this Part of this Act.
In any case of urgent necessity in the interests of the child, or of the other children in a place, a director of social work may direct that a child who is required to reside in that place under this section be transferred to another place.
Any child transferred under the last foregoing subsection shall have his case reviewed by a children's hearing within seven days of his transfer, in accordance with the following provisions of this Act.
A supervision requirement shall be in such form as the Secretary of State may prescribe.
Where a children's hearing are of the opinion, after considering the case of any child, that an application for admission to hospital or a guardianship application under Part IV of the Mental Health (Scotland) Act 1960 should be made to the sheriff in respect of the child, they shall make a report to that effect to the mental health officer concerned.
Nothing in the provisions of the foregoing subsection shall affect the saving for arrangements for the voluntary treatment of mental disorder contained in section 23(3) of the said Act of 1960.
No child shall continue to be subject to a supervision requirement for any time longer than is necessary in his interest; and where they consider that such a requirement in respect of a child should cease to have effect or should be varied, the local authority shall refer his case to their reporter for review of that requirement by a children's hearing and, if the hearing think proper, they may terminate the requirement, or continue or vary the requirement, and in the last event they may make any such supervision requirement as may be made under section 44 of this Act.
A supervision requirement shall cease to have effect in respect of a child when he attains the age of eighteen years and accordingly, within a period of three months ending on the day on which such a requirement will cease to have effect under this subsection, the local authority concerned shall refer the case to the reporter so that a children's hearing may advise whether the child still requires supervision or guidance, and in the event of the hearing so advising, the local authority shall provide such supervision or guidance as he is prepared to accept.
Unless the context otherwise requires, any reference in this section and in the following provisions of this Act to a supervision requirement shall be construed as a reference to a supervision requirement which is for the time being in force in respect of a child.
A supervision requirement shall be subject to review by a children's hearing in accordance with the following provisions of this section.
A supervision requirement shall be reviewed by a children's hearing where a local authority so recommends.
No supervision requirement shall remain in force without review for a period extending beyond one year, and where a supervision requirement is not reviewed within the period of one year from the making or continuing of the requirement it shall cease to have effect at the expiration of that period.
At any time after the expiration of any of the following periods, that is to say— a child or his parent may require a review of the requirement.
a period of three months from the date of the making of a supervision requirement; or
a period of three months from the date of a review of a supervision requirement where such a review varies a previous requirement; or
a period of six months from the date of a review of a supervision requirement which is continued by that review,
It shall be the duty of the reporter to ensure that any review required by this section is duly made and to make any necessary arrangements arising therefrom.
Section 44 of this Act shall apply in relation to the disposal of a case by a children's hearing under this section as it applies to the disposal of a case under that section.
A child or his parent or both may, within a period of three weeks beginning with the date of any decision of a children's hearing, appeal to the sheriff in chambers against that decision, and the child or his parent or both shall be heard by the sheriff as to the reasons for the appeal.
In any such appeal it shall be the duty of the reporter to ensure that all reports and statements available to the hearing along with the reports of their proceedings and the reasons for their decision are lodged with the sheriff clerk.
The sheriff may examine the reporter and the authors or compilers of any reports or statements, and may call for any further report which he considers may assist him in deciding the appeal.
Where the sheriff decides that an appeal under this section has failed, he shall confirm the decision of the children's hearing.
Where the sheriff is satisfied that the decision of the children's hearing is not justified in all the circumstances of the case he shall allow the appeal, and—
where the appeal is against the issue of a warrant for detention he shall recall the warrant, and
in any other case, he may, as he thinks fit, remit the case with the reasons for his decision to the children's hearing for reconsideration of their decision or discharge the child from any further hearing or other proceedings in relation to the grounds for the referral of the case.
Where the sheriff is satisfied that an appeal under this section against the decision of a children's hearing at a review is frivolous, he may order that no appeal against a decision to continue the supervision requirement, which was the subject of that appeal, made on a subsequent review shall lie until the expiration of a period of twelve months beginning with the date of the order.
An appeal under this section in respect of the issue of a warrant by a children's hearing shall be disposed of within three days of the lodging of the appeal, and failing such disposal the warrant shall forthwith cease to have effect.
Where a child or his parent appeals under this section against a decision of a children's hearing in relation to a supervision requirement, the child or his parent may make application to a children's hearing for the suspension of the requirement appealed against, and it shall be the duty of the reporter forthwith to arrange a children's hearing to consider the application, and thereafter the hearing may grant or refuse the application.
Subject to the provisions of this section, an appeal shall lie to the Court of Session, by way of stated case on a point of law or in respect of any irregularity in the conduct of the case, at the instance of a child or his parent or both or of a reporter acting on behalf of a children's hearing, from any decision of the sheriff under this Part of this Act, and no other or further appeal shall be competent.
An application to the sheriff to state a case for the purpose of the foregoing subsection shall be made within a period of twenty-eight days beginning with the date of his decision.
On deciding the appeal the Court of Session shall remit the case to the sheriff for disposal in accordance with such directions as the Court may give.
No appeal shall lie under this section in respect of a decision of a children's hearing imposing a supervision requirement where the sole ground of the objection to that requirement is that the treatment prescribed thereby is inappropriate for the child.
Where the sheriff, by virtue of either of the last two foregoing sections, has remitted a case to a children's hearing for reconsideration of their decision the reporter shall arrange a children's hearing for that purpose.
A child or his parent may, within a period of seven days beginning with the date of the decision of a children's hearing on a case remitted as aforesaid, appeal against the decision, and the provisions of subsections (2) to (8) of section 49 of this Act shall apply to such an appeal as they apply to an appeal under subsection (1) of the said section.
Where a children's hearing are satisfied, in a case being heard before them, that the case could be better considered by a children's hearing for the area of another local authority, they may at any time during the course of the hearing request the reporter to arrange with the reporter of the other local authority, should he so agree, for a children's hearing to dispose of the case.
Where a case has been transferred in pursuance of the last foregoing subsection, the grounds of referral accepted or established for the case shall not require to be further accepted or established for the purpose of the children's hearing to which the case has been transferred.
Where a child who is not subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court—
instead of making an order on that plea or finding, may remit the case to the reporter of the local authority to arrange for the disposal of the case by a children's hearing; or
on that plea or finding may request the reporter of the local authority to arrange a children's hearing for the purposes of obtaining their advice as to the treatment of the child.
Where a court has acted in pursuance of paragraph (b) of the foregoing subsection, the court, after consideration of the advice received from the children's hearing may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.
Where a child who is subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court shall request the reporter of the local authority to arrange a children's hearing for the purpose of obtaining their advice as to the treatment of the child, and on consideration of that advice may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.
Where a court has remitted a case to the reporter under this or the next following section, the jurisdiction of the court in respect of the child or person shall cease, and his case shall stand referred to a children's hearing.
Where a court has remitted a case of a child or person as aforesaid, a certificate signed by the clerk of the court stating that the child or person has pleaded guilty to, or has been found guilty of, the offence to which the remit relates shall be conclusive evidence for the purpose of the remit that that offence has been committed by the child or person.
Nothing in the provisions of this or the next following section shall apply to a case in respect of an offence the sentence for which is fixed by law.
Where a person who is not subject to a supervision requirement but is a person over the age of sixteen, and is not within six months of attaining the age of eighteen, is charged summarily with an offence and pleads guilty to, or has been found guilty of, that offence the court on that plea or finding may request the reporter of the local authority to arrange a children's hearing for the purpose of obtaining their advice as to the treatment of the person, and on consideration of that advice, the court may, as it thinks proper, itself dispose of the case or, where the hearing have so advised, remit the case to the reporter of the local authority for the disposal of the case by a children's hearing.
Where a court has remitted a case under the foregoing subsection the provisions of this Part of this Act shall apply to that person as if he were a child.
Subject to the provisions of this section, no report of any proceedings in any children's hearing, or of any proceedings before the sheriff under section 42 of this Act, or of any appeal under this Part of this Act, which is made in a newspaper or a sound or television broadcast shall— of any child in any way concerned in a hearing and no picture shall be published in any newspaper or television broadcast as being or including a picture of a child concerned as aforesaid.
reveal the name, address or school; or
include any particulars calculated to lead to the identification,
Any person guilty of any offence against this section shall on summary conviction be liable to a fine not exceeding two hundred and fifty pounds in respect of each offence.
The Secretary of State may in any case, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (1) of this section to such extent as may be specified in the order.
This section shall extend to England and Wales.
Without prejudice to their duties under sections 12 and 13A of this Act, it shall be the duty of a local authority to provide and maintain such residential and other establishments as may be required for their functions conferred under or by virtue of this Act sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) , Part 2 of the Children (Scotland) Act 1995 (c.36) , the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011 (asp 1), or arrange for the provision of such establishments.
For the purpose of discharging their duty under the foregoing subsection a local authority may—
themselves provide such establishments as aforesaid; or
join with another local authority in providing those establishments; or
secure the provision of such establishments by voluntary organisations or other persons including other local authorities.
Section 59 of the Social Work (Scotland) Act 1968. Such period not exceeding sixty years as may be sanctioned by the Secretary of State.
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The Secretary of State may make regulations as to the conduct of residential and other establishments and for securing the welfare of persons resident or accommodated in them, and, without prejudice to the generality of those regulations, they may provide— and may contain different provisions for different classes of establishments and different categories of persons.
for the construction of, and the accommodation provided in, those establishments, and their equipment, maintenance and management;
for the classification, treatment and control of persons resident therein or attending thereat;
for the inspection of those establishments and the visiting of persons from time to time by visitors appointed in accordance with the regulations ;
for notice to be given to the Secretary of State or the local authority with which the person carrying on any such establishment is registered under any enactment of any change of the person in charge of the establishment ;
for requirements, in the case of children, as to the facilities which are to be given for them to receive a religious upbringing appropriate to the .persuasion to which they belong;
for making available in any of those establishments any service authorised by the National Health Service (Scotland) Act 1947;
In the foregoing subsection, the expression " treatment" includes training, education and occupation, but does not include medical treatment.
Where any regulation made in pursuance of this section provides that this subsection shall have effect in relation to the regulation, any person who contravenes or fails to comply with the regulation or any requirement or direction under it shall be liable on summary conviction to a fine not exceeding fifty pounds.
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— secure accommodation . . .
providing;
joining with another local authority in providing; or
contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of
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.
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The establishments to which the following provisions of this Part of this Act apply are any residential or other establishment the sole or main object of which is to accommodate persons for the purposes of this Act, whether for reward or not, not being premises controlled or managed by a Government department or by a local authority, or required to be registered, or premises in respect of which a person is required to be registered, with a Government department or a local authority under any other enactment.
An establishment shall not be carried on by any person unless he is for the time being registered in respect of it in a register kept for the purposes of this section by a local authority or, as the case may be, by the Secretary of State.
Any person who carries on an establishment in contravention of the provisions of subsection (2) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty pounds and in the case of a second or subsequent conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both such imprisonment and such fine.
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Subject to the next following section, an application for registration in respect of an establishment under this section shall be made by the person intending to carry on the establishment to the local authority in the area of which the establishment is situated.
The application shall be in such form and shall include information about such matters as may be prescribed by the Secretary of State, and the Secretary of State may prescribe different requirements for the applications for different classes of establishments.
Subject to the provisions of this section, the local authority shall, on receipt of an application under subsection (1) of this section, register the applicant in respect of the establishment named in the application and issue to him a certificate of registration: Provided that the local authority may refuse to register the applicant if they are satisfied—
that he or any person employed or proposed to be employed by him in the management of the establishment or any part thereof is not a fit person, whether by reason of age or otherwise, to carry on or to be so employed at an establishment of such a description as the establishment named in the application; or
that for reasons connected with situation, construction, state of repair, accommodation, staffing or equipment, the establishment or any premises used in connection therewith are not fit to be used for an establishment of such a description as aforesaid; or
that the way in which it is proposed to conduct the establishment is such as not to provide services or facilities reasonably required by persons resorting to such an establishment.
The local authority may at any time cancel the registration of a person in respect of an establishment on any ground which would entitle them to refuse an application for the registration of that person in respect of that establishment, or on the ground that that person has been convicted of an offence against this section or against any regulations under this Part of this Act relating to the conduct of establishments, or on the ground that any other person has been convicted of such an offence in respect of that establishment.
It shall be a condition of the registration of any person in respect of an establishment that the number of persons accommodated at any one time in the establishment (excluding persons carrying on or employed in the establishment and their families) does not exceed such number as may be specified in the certificate of registration; and without prejudice to the foregoing provision, the registration may be effected subject to such conditions (to be specified in the certificate) as the local authority consider appropriate for regulating the category of persons who may be received in the establishment.
If any condition imposed by or under the last foregoing subsection is not complied with, the person carrying on the establishment shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, in the case of a second or subsequent conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment, and without prejudice to the foregoing provision the power of the local authority to cancel registration under subsection (4) of this section shall include power to cancel the registration on the ground that any such condition has not been complied with.
The certificate of registration under this section issued in respect of any establishment shall be kept affixed in a conspicuous place in the establishment; and if default is made in complying with this subsection the person carrying on the establishment shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further fine not exceeding two pounds in respect of each day during which the offence continues after conviction.
Notwithstanding anything in subsection (1) of this section, where the person registered under this section in respect of an establishment dies, his executor or his widow or any other member of his family may for a period not exceeding four weeks from his death, or such longer period as the local authority may sanction, carry on the establishment without being registered in respect thereof.
Where an offence against this or the last foregoing section or any regulations under this Part of this Act relating to establishments has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
The registers kept for the purposes of this section shall be available for inspection at all reasonable times, and a person inspecting any such register shall be entitled to make copies of entries therein.
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The Secretary of State may direct that applications for registration in respect of any establishment or any class of establishment shall be made to him and accordingly the provisions of the last foregoing section shall apply in relation to any such registration and to an application therefor with the substitution for any reference to a local authority of a reference to the Secretary of State.
Where in pursuance of this section the Secretary of State registers a person in respect of an establishment, or cancels such a registration, he shall notify the local authority in whose area the establishment is situated.
The Secretary of State may direct that persons registered with him in respect of any establishment or class of establishment under this section shall cease to be so registered and shall be registered by the appropriate local authority under this Part of this Act.
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Not less than fourteen days before refusing an application for registration or cancelling any registration under this Part of this Act, the local authority or, as the case may be, the Secretary of State shall send by recorded delivery service to the applicant or to the person registered, as the case may be, notice of their intention.
Every such notice shall state the grounds on which the local authority or the Secretary of State intend to refuse or cancel the registration and shall contain an intimation that if within fourteen days after the receipt of the notice the applicant or person registered, as the case may be, informs the authority or the Secretary of State in writing of his desire to show cause, in person or by a representative, why the registration should not be refused or cancelled, as the case may be, the authority or the Secretary of State shall, before carrying out their intention, afford him an opportunity so to do.
If the local authority or the Secretary of State, after giving the applicant or person registered, as the case may be, an opportunity of being heard by them, decide to refuse the application for registration, or to cancel the registration, they shall send a notice to that effect by recorded delivery service to the applicant or person registered, as the case may be.
A person aggrieved by a notice of a local authority or of the Secretary of State refusing an application for registration under this Part of this Act or cancelling any registration thereunder may appeal to an appeal tribunal established by Schedule 5 to this Act; and the cancellation of any registration shall not take effect until the expiration of the time within which an appeal may be brought under this subsection or, where such an appeal is brought, before the determination of the appeal.
Any appeal under this section shall be brought within twenty-one days from the date of the notice to which the appeal relates.
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Where— a local authority where the person carrying on the establishment is registered, or ought to be so registered, with them may, notwithstanding that the time for any appeal under the last foregoing section has not expired or that such an appeal is pending, forthwith remove from the establishment all or any of the persons for whom accommodation is being provided therein ; or, in the case of an establishment in respect of which the person carrying it on is registered with him or ought to be so registered, the Secretary of State may in the like circumstances require the local authority in whose area the establishment is situated so to act, and the local authority shall comply with that requirement.
an establishment is carried on in contravention of section 61 of this Act; or
notice of intention to cancel the registration in respect of an establishment has been given in pursuance of the last foregoing section;
In any case of urgent necessity the Secretary of State may exercise the power conferred on him by the foregoing subsection in respect of any establishment.
For the performance of the functions of a local authority under subsection (1) of this section, any person authorised in that behalf by the authority may, on producing, if so required, a duly authenticated document showing his authority to do so, enter any premises in which the establishment in question is being carried on.
Any person who obstructs the exercise of a power conferred by the last foregoing subsection shall be liable on summary conviction to a fine not exceeding ten pounds in the case of a first offence or fifty pounds in the case of a second or any subsequent offence.
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Subject to the next following subsection, it shall be the duty of the person in charge of an establishment to send to the local authority or, as the case may be, the Secretary of State such particulars of the establishment and the persons accommodated or to be accommodated therein as the Secretary of State may from time to time prescribe, and the Secretary of State may prescribe different particulars for different classes of establishments.
A person in charge of an establishment shall comply with the provisions of the foregoing subsection—
within three months from the date on which the establishment was first carried on ; and
in every year (other than the year in which the establishment was first carried on) before such date as may be prescribed.
Where the Secretary of State varies the prescribed particulars to be furnished under subsection (1) of this section as respects establishments, then—
the person in charge of an establishment shall send the prescribed particulars to the local authority or, as the case may be, to the Secretary of State within three months from the date of the variation; and
as respects an establishment which was first carried on before, but not more than three months before, the date of the variation, paragraph (a) of the foregoing subsection shall not apply ; and
paragraph (b) of the foregoing subsection shall not apply as respects the year in which the variation is made.
A person who fails to furnish particulars in accordance with the foregoing provisions of this section shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further fine not exceeding two pounds in respect of each day during which the failure continues after conviction.
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Any duly authorised officer of a local authority may in the area of that authority enter any establishment where the person carrying on the establishment is registrable under section 62 of this Act for the purpose of making such examinations into the state and management of the place, and the condition and treatment of the persons in it, as he thinks necessary, and for the purpose of inspecting any records or registers required to be kept therein by virtue of this Part of this Act, and the provisions of subsections (2), (4) and (5) of section 6 of this Act shall apply in relation to an officer acting in pursuance of this section as they apply in relation to an officer of the Secretary of State acting in pursuance of that section.
Any such officer as aforesaid may at all reasonable times exercise the like powers of entry and inspection conferred on him by the foregoing subsection in respect of any place in the area of the local authority which is used or which that officer has reasonable cause to believe is being used as an establishment in respect of which the person carrying it on is registrable under section 62 of this Act.
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It shall be the duty of local authorities from time to time to cause persons in establishments in their area to be visited in the interests of the well-being of the persons, and any person authorised in that behalf by a local authority may on producing if so required a duly authenticated document showing his authority to do so, enter any establishment in the area of the authority for the purpose of visiting the persons in the establishment.
Any person authorised in that behalf by a local authority may, on producing, if so required, such a document as aforesaid, enter any establishment outside the area of the authority for the purpose of visiting children in the establishment who are in the care or under the supervision of the authority under Part II or Part III of this Act or persons who are receiving assistance from the authority under this Act.
Any person who obstructs the exercise of a power conferred by this section shall be liable on summary conviction to a fine not exceeding ten pounds in the case of a first offence or fifty pounds in the case of a second or any subsequent offence.
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If a child— he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.
absconds from a place of safety in which he has been detained by virtue of this Act, or
absconds from the control of a person under which he has been placed by a supervision requirement or by virtue of rules made by the Secretary of State under section 45 of this Act,
A child arrested in pursuance of this section shall be brought back—
in a case falling within paragraph (a) of subsection (1), to the place of safety,
in a case falling within paragraph (b) of that subsection, to the person under whose control he has been placed.
If, in the case of a child required to be brought back in pursuance of the last foregoing subsection— is unwilling or unable to receive him, the child shall be detained in a place of safety until the Principal Reporter has considered, in pursuance of section 37 of this Act, whether the child may be in need of compulsory measures of care, or as the case may be, until he can be brought before a children’s hearing for the consideration of his case or for a review of the supervision requirement to which he is subject.
the occupier of the place of safety, or
the person under whose control he has been placed,
A children’s hearing arranged for the purposes of the last foregoing subsection shall meet within a period of seven days from the date of the commencement of the detention of the child, and no child shall be detained under that subsection after the hearing have met or beyond that period.
In this and the next following section any reference—
to a child absconding includes a reference to his being unlawfully taken away;
to a child absconding from a place or from the control of a person includes a reference to his absconding while being taken to, or awaiting being taken to, that place or that person as the case may be.
“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,
absconds from the establishment in which he resides; or
absconds from any hospital or other institution in which he is temporarily residing; or
being absent on leave from the residential establishment, either runs away from the person in whose charge he is or fails to return to the establishment at the end of his leave;
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“young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.
in a case falling within paragraph (b) to the place from which he absconded; or
where he has run away from the person mentioned in paragraph (c), to that person; or
in any case, to the residential establishment ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.
Any person who knowingly— shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
assists or induces or persistently attempts to induce a child so to act as to be liable to be brought back in pursuance of either of the two last foregoing sections, or
harbours or conceals a child so liable or prevents him from returning to a place or person mentioned in either of those sections,
Where a children’s hearing are satisfied that a child in respect of whom a supervision requirement under section 44(1)(a) of this Act is in force proposes to reside or is residing in England or Wales or in Northern Ireland they may either—
discharge the supervision requirement; or
send notification of the requirement in which the child proposes to reside or is residing.
in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);
in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).
A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement—
if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;
if he is over the age of fourteen years, a probation order; or
in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.
A youth courtto which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 12A, 12AA, 12B or 12Cof the Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made; and in relation to a supervision order made by virtue of this subsection—
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section 17 of that Act shall have effect as if in paragraph (a) the references to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.
Where a case is disposed of by a youth court or, as the case may bejuvenile court in pursuance of this section in respect of a child subject to a supervision requirement, the requirement shall cease to have effect.
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An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.
Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.
discharge the probation order or supervision order; or
send notification of that order to the Principal Reporter
For the purposes of a children’s hearing arranged in pursuance of the foregoing provisions of this section the notification by a . . . court of a probation order or supervision order shall be conclusive evidence of the existence of that order in relation to the child.
Where a court in England or Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales); and where the court makes a supervision order by virtue of this subsection—
the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting;
the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act; and
the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the Principal Reporter shall apply accordingly.
When a children’s hearing have disposed of a case referred to them under this section the probation order or the supervision order in respect of the child shall cease to have effect.
Where a children’s hearing are satisfied that the parent of a child who is required to reside in a residential establishment under a supervision requirement made under section 44(1)(b) of this Act proposes to reside or is residing in England or Wales or in Northern Ireland they shall review the requirement, and on such review they may as they think proper—
discharge the supervision requirement;
continue the supervision requirement;
vary the supervision requirement by making a supervision requirement under subsection (1)(a) of the said section 44 and send notification of that requirement in accordance with section 72(1)(b) of this Act; or
make a report on the case to the Secretary of State with a recommendation for the transfer of the child in accordance with the following provisions of this section.
If the Secretary of State is for any reason unable to accept a recommendation for the transfer of a child made under paragraph (d) of subsection (1) of this section, he may refer the matter back to the children’s hearing for their reconsideration of the case, or himself discharge the supervision requirement.
Where such a recommendation is made and is not dealt with under subsection (2) of this section, the Secretary of State may make an order transferring the child to the care of the managers of a school . . . in Northern Ireland, being . . . , a training school within the meaning of the Children and Young Persons Act (Northern Ireland) 1950 or, . . . , committing him to the care of the local authority or, as the case may be, of the welfare authority in whose area the parent of the child proposes to reside or is residing.
The provisions of . . . the said Act of 1950 shall apply to any order under this section transferring a child to the care of the managers of . . . a training school as if it were . . . a training school order made by a court on the date on which the supervision requirement was originally made under section 44 of this Act in respect of the child: Provided that—
notwithstanding anything in . . . section 75 of the said Act of 1950, the order under this section shall not be authority for his detention in . . . a training school after he has attained the age of eighteen years,
the contributions to be made in respect of him under . . . section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.
An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.
An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the Children Act 1989, but as if section 31(8) were omitted.
suffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or
Where . . . the Secretary of State is satisfied that the parent of a child who is subject to an . . . training school order or an order under section 74(3) of this Act relating to a training school proposes to reside or is residing in Scotland, he may refer the case to the Principal Reporter and if the case is so referred the Principal Reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.
Where a child has been committed to the care of a local authority in England or Wales by a care order (other than an interim order) within the meaning of the Children Act 1989 or an order under section 74(3) of this Act, or committed to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order underthe said section 74(3) and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the Principal Reporter shall arrange a children’s hearing accordingly.
Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . training school order or order under the said section 74(3) relating to a training school or, as the case may be, of the order committing the child to the care of the local or other authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.
" contributor " and " contribution order " have the meanings respectively assigned to them by sections 78 and 80 of this Act,
When a children’s hearing have disposed of a case referred to them under this section the order under the said section 74(3) or of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.
any hospital vested in the Secretary of State under the National Health Service (Scotland) Act 1947,
“remand home” has the meaning assigned to it by section 78(1) of the Criminal Justice (Scotland) Act 1949.
A local authority may pay– 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.
to a member or possible member of the children’s panel,
to a member of the Children’s Panel Advisory Committee,
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”. In section 87(2)
“mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),
“welfare authority” means a welfare authority constituted under the Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.
A children’s hearing or . . . court, in exercising any jurisdiction under this Part of this Act in respect of a child, may proceed in the absence of the child or his parent or both.
It shall be the duty of the Principal Reporter at any children’s hearing arranged for the purposes of section 72 of this Act and of the clerk to any . . . court referring a case to the Principal Reporter for the purposes of section 73 of this Act to ensure that all documents relating to the case or certified copies thereof are transmitted to the . . . court or, as the case may be, to the Principal Reporterto which the case stands referred.
Where a child is to be transferred from a residential establishment in Scotland to any place in England or Wales or in Northern Ireland under this Part of this Act, it shall be the duty of the local authority responsible for the child to ensure the transfer of the child to that place.
Where a children’s hearing is arranged under this Part of this Act in respect of a child subject to an . . . training school order or order under section 74(3) of this Act relating to a training school or committed to the care of a local authority in England or Wales or of an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland, it shall be the duty of the managers . . . of the training school or, as the case may be, of that local or other authority to ensure the transfer of the child to the place notified to them by the Principal Reporter.
“Child” in this Part of this Act means—
for the purpose of sections 69 to 71, a child within the meaning of Part III of this Act,
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for any other purpose, a person under eighteen.
“Parent” in this Part of this Act includes a guardian.
Where a child is being looked after by a local authority or a compulsory supervision order to which this Part of this Act applies has been made in respect of him, contributions in respect of the child (hereinafter in this Part of this Act referred to as the “maintainable child”) shall be payable—
while the maintainable child is under sixteen years of age, by any natural person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him;
if he is over sixteen years of age . . . , by the maintainable child himself.
This Part of this Act applies to any compulsory supervision order which requires the child concerned to reside in a place or places other than his own home.
In this Part of this Act “contributor” means a person liable to make contributions by virtue of subsection (1) of this section in respect of a maintainable child.
No contributions shall be payable under subsection (1)(a) of this section by a contributor during a period when he is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, income support , an income based jobseeker’s allowance (payable under the Jobseekers Act 1995) , an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or family credit.
Subject to the provisions of the following subsection, contributions payable under the last foregoing section shall be payable to the local authority within whose area the contributor is residing, and shall, in the case of contributions paid in respect of a maintainable child looked after by a local authority, other than the authority to whom the contributions are payable as aforesaid, be paid over by the last-mentioned authority to that other authority, but subject to such deductions in respect of services rendered by the local authority to whom the contributions were payable as may be agreed between the authorities concerned or as, in default of agreement, may be determined by the Secretary of State.
Where a contributor is for the time being residing in England or Wales or Northern Ireland contributions payable by him under the last foregoing section shall be payable to the local authority looking after the child.
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.
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 standard contribution determined by them in respect of maintainable children who are looked after by them; or
such other contribution as they consider reasonable in the circumstances.
Where a child becomes a maintainable child by virtue of being looked after by a local authority, any court of summary jurisdiction, having jurisdiction in the place where the contributor is for the time being residing, may, on the application of the local authority, at any time make an order on any contributor, hereinafter in this Act referred to as a contribution order, for weekly contributions in respect of the child of such amount as the court thinks proper.
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Any order made under the last foregoing subsection shall be an authority to the person by whom the pension or income is payable to make the payment so ordered and the receipt of the local authority for the time being entitled to receive the contributions shall be a good discharge to the person by whom the pension or income is payable.
Subject to the following provisions of this section, a contribution order in respect of a maintainable child shall remain in force throughout the period during which he is looked after by a local authority
if the child is in the care of a local authority under Part II of this Act, so long as he remains in their care under that Part;
if the child is a maintainable child by virtue of a supervision requirement, so long as that requirement is in force.
No contribution shall be payable, by virtue of a contribution order by a contributor who , being a natural person, has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the maintainable child, in respect of any period after the maintainable child becomes sixteen.
A contribution order may be revoked or varied by any court of summary jurisdiction having jurisdiction in the place where the contributor is for the time being residing and shall be enforceable in like manner as a decree for aliment.
Where a contributor resides in England or Wales or Northern Ireland this section shall have effect as if for any reference to a court of summary jurisdiction having jurisdiction in a place where the contributor is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority looking after the child.
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Where a decree for aliment of a maintainable child is in force, on the application of the local authority concerned, any court of summary jurisdiction having jurisdiction in the place where the person liable under the decree is for the time being residing may, at any time, order the payments under the decree . . . to be paid to the local authority who are from time to time entitled under either of the last two foregoing sections to receive contributions in respect of the child.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . where an order made under this section in respect to a decree for aliment is in force any sums received under the decree for aliment shall be applied in like manner as if they were contributions received under a contribution order.
In this section the local authority concerned means the local authority which may make application for a contribution order in respect of a child under the last foregoing section;
where the person liable to pay aliment for a child under a decree is resident in England or Wales or Northern Ireland, subsection (2) of this section shall have effect as if for the reference to a court of summary jurisdiction having jurisdiction in the place where that person is for the time being residing, there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority concerned.
Where, by virtue of an order or decree made under either of the last two foregoing sections, any sum is payable to a local authority, the local authority in whose area the person liable under the order or decree is for the time being residing, or, as the case may be, the local authority looking after the child to whom the order or decree relates, shall be entitled to receive and give a discharge for, and, if necessary, enforce payment of, any arrears accrued due under the order or decree, notwithstanding that those arrears may have accrued at a time when he was not resident in that area or, as the case may be, when the authority were not entitled to sums payable under the order or decree.
In any proceedings under either of the last two foregoing sections, a certificate purporting to be signed by the clerk to a local authority for the time being entitled to receive contributions, or by some other officer of the authority duly authorised in that behalf, and stating that any sum due to the authority under an order or decree is overdue and unpaid, shall be sufficient evidence of the facts stated therein.
Where a child is by virtue of a compulsory supervision order removed from the care of any person and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the child, on the application of the local authority concerned any court of summary jurisdiction, having jurisdiction in the place where that person is for the time being residing, may at any time order the whole or any part of the sums so payable under the trust to be paid to the local authority, to be applied by the authority for the benefit of the child in such manner as, having regard to the terms of the trust, the court may direct.
Where the person in whose care a child has been residing is for the time being residing in England or Wales or Northern Ireland the foregoing subsection shall have effect as if for the reference to a court having jurisdiction in the place where that person is residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority looking after the child.
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.
Where any functions are transferred to a local authority by virtue of this Act all property, rights, liabilities and obligations relating to the performance of those functions which immediately before the date of transfer were the property, rights, liabilities and obligations of the body or person from which the functions are transferred shall on that date be transferred to and vest in the local authority or, as the case may be, the local authorities to which the functions have been transferred, and the provisions of Schedule 6 to this Act shall have effect for the purposes of this section.
The Secretary of State shall provide by regulations for the transfer of existing officers of local authorities and of probation committees affected by the coming into operation of this Act and such regulations shall contain such provisions for the protection of the interests of any such existing officers as he may consider necessary.
Without prejudice to their generality, regulations under the foregoing subsection may include provision for the determination by the Secretary of State of questions arising out of the allocation of existing officers of a probation committee to any of the local authorities in whose area the area, or part of the area, of that committee is situated immediately before the commencement of this Act.
The Secretary of State may make regulations for the extending, with such modifications as may be specified in the regulations, of the provisions of the Local Government Superannuation (Scotland) Acts 1937 to 1953, or of any local Act scheme within the meaning of those Acts, to such existing officers of local authorities and of probation committees as are transferred by virtue of this Act or for modifying in respect of such officers, as may be so specified, the provisions of the said Acts or any such scheme.
The Secretary of State shall make regulations providing for the payment by such authorities or other persons as may be prescribed by, or determined under the regulations, but subject to such exceptions or conditions as may be so prescribed, of compensation to or in respect of persons who are the holders of any such place, situation or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the provisions of this Act.
Regulations under the last foregoing subsection may include provision as to the manner in which and the person to whom any claim for compensation under this section is to be made, and for the determination of all questions arising under the regulations.
Different regulations may be made under this section in relation to different classes of persons and different circumstances, and any such regulations may be so framed as to have effect as from a date earlier than the making thereof, so however that so much of any regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person (other than the person responsible for the payment of compensation) in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date of the making thereof.
Any regulations made under this section may apply to such officers of approved school managers as the Secretary of State may specify in the regulations.
In this section—
are hereby transferred to the local authorities of those areas.
“continuing attorney”—
Any expenditure which apart from this section would fall to be borne by a local authority— shall be recoverable from the other local authority, and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales and to a Health and Social Care trust in Northern Ireland.
in the provision under this Act , or under section subsection 25 of the Children (Scotland) Act 1995, of accommodation for a person ordinarily resident in the area of another local authority, or
in the provision under Part II of this Act , or under or by virtue of Part II of the said Act of 1995 or under or by virtue of the Children’s Hearings (Scotland) Act 2011, of services and facilities for a person ordinarily so resident (including, in the case of a child, any expenses incurred after he has ceased to be a child, and, in the event of another local authority taking over, under section 25(4) of the Act of 1995, the provision of accommodation for him, including also any travelling or other expenses incurred in connection with the taking over),
for the conveyance of a person ordinarily resident as aforesaid, or
in making a payment under section 12B of this Act in relation to the provision of a service direct payment under the Social Care (Self-directed Support) (Scotland) Act 2013 for the purpose of arranging for the provision of support within the meaning of section 5 or 8 of that Act for a person ordinarily so resident; or
in administering a compulsory supervision order or interim compulsory supervision order in respect of a person ordinarily resident as aforesaid, or
in the provision, for persons ordinarily so resident, of services under section 25 (care and support services for persons who have or who 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);
Any question arising under this section as to the ordinary residence of a person shall , in a case where there is a dispute about the application of any of paragraphs 1 to 4 of Schedule 1 to the Care Act 2014 (cross-border placements), be determined in accordance with paragraph 5 of that Schedule; and in any other case, the question shall be determined by the Secretary of State, and the Secretary of State may determine that a person has no ordinary residence.
In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he is provided with accommodation under this Act or under sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), any period during which he was a patient in a hospital forming part of the hospital and specialist services provided under sections 2 and 3 of the National Health Service Act 2006, sections 2 and 3 of the National Health Service (Wales) Act 2006 or Part II of the National Health Service (Scotland) Act 1978 or in a hospital managed by a National Health Service trust established under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 or section 12A of the National Health Service (Scotland) Act 1978 health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) or, in the case of a child, any period during which he resided in any place as an inmate of a school or other institution, or in accordance with the requirements of a compulsory supervision order or interim compulsory supervision order, supervision order , community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995, , youth rehabilitation order or probation order or the conditions of a recognizance, or while boarded out under this Act or under . . . the Children and Young Persons (Scotland) Act 1937 by a local authority or education authority or placed with local authority foster parents under the Children Act 1989 or provided with accommodation under paragraph (a) of, or by virtue of paragraph (c) of, section 26(1) of the Children (Scotland) Act 1995 shall be disregarded.
This subsection applies where a local authority (“the responsible authority”) performs a function under— by making arrangements with a person (“the provider”) in terms of which the provider undertakes to accommodate, or to secure accommodation for, another person.
this Act;
Part II of the Children (Scotland) Act 1995 (c. 36); ...
section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),
the Children’s Hearings (Scotland) Act 2011
Where subsection (4) applies—
any expenditure incurred under the arrangements by a provider which is a local authority is recoverable from the responsible authority; and
any period during which the person is accommodated under the arrangements is to be disregarded in determining the person's ordinary residence for the purposes of subsection (1) of this section.
The Scottish Ministers may make regulations specifying circumstances in which a local authority (“the providing authority”) may recover from another local authority (“the other authority”) expenditure which the providing authority incurs in the provision of services or facilities under arrangements made with the other authority for the purpose of enabling that other authority to perform a function under—
this Act;
Part II of the Children (Scotland) Act 1995 (c. 36); ...
section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
the Children’s Hearings (Scotland) Act 2011.
The Scottish Ministers may make regulations specifying circumstances which must be taken into account, or disregarded, when determining a person's ordinary residence for the purposes of subsection (1) of this section (and such regulations may modify subsection (2), (3) and (5)(b) of this section).
Regulations made under subsection (6) or (7) of this section may—
make different provision for different cases and for different persons;
include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit.
Despite section 90(2) of this Act, no statutory instrument containing regulations made under subsection (7) of this section which includes provisions which modify this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
References in subsections (4) to (6) of this section to a local authority which is providing accommodation, service or facilities include references to a local authority in England or Wales and to a Health and Social Care trust in Northern Ireland.
A person who, as a result of Schedule 1 to the Care Act 2014 (cross-border placements), is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be) is to be treated as ordinarily resident in that area for the purposes of this section.
A person who, as a result of that Schedule, is not treated as ordinarily resident anywhere in England or Wales (as the case may be) is not to be treated as ordinarily resident there for the purposes of this section.
In this section—
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.
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.
If a person— the authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.
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
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,
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.
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.
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).
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).
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.
The modifications are—
subsection (1) applies as if—
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
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
subsection (1A) applies as if the reference to the authority providing the service were to a local authority mentioned in subsection (1C).
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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).
The modifications are that subsection (4) applies as if—
and that section 22 applies as if—
and that section 26 applies as if—
for subsection (4) there were substituted—
Where— the parents of the child shall keep the local authority responsible for the supervision or care of the child informed of the parents' address.
a child is received into the care of a local authority under Part II of this Act; or
he is subject to a supervision requirement,
The parent of a child to whom the foregoing subsection relates and who knowingly fails to comply with the requirements of that subsection shall be liable on summary conviction to a fine of ten pounds; but in any proceedings under this section it shall be a defence that the accused was at the material time residing at the same address as the other parent and had reasonable cause to believe that the other parent kept the local authority responsible for the supervision or the care of the child informed of the address of both parents.
A father who is making any payment to a local authority by virtue of any order or decree under Part VI of this Act shall be regarded as a parent for the purposes of this section.
any children's hearing constituted and arranged in pursuance of this Act, and
any appeal tribunal established under Schedule 5 to this Act,
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.
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.
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.
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.
There shall be defrayed out of moneys provided by Parliament—
any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
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.
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.
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).
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.
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– in relation to persons suffering from mental illness.
Part II of this Act; and
sections 25 to 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003,
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.
In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—
“supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.
Subject to paragraph 5B below,each local authority shall form a Children’s Panel Advisory Committee consisting of two members nominated by the local authority and three members nominated by the Secretary of State . . .
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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.
It shall be the duty of the Children’s Panel Advisory Committee—
to submit names of possible panel members to the Secretary of State;
to advise the Secretary of State as required on the suitability of persons referred to him as possible members; and
to advise the Secretary of State on such matters relating to the general administration of panels as he may refer to them.
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“functions” shall include powers and duties,
“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;
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.
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.
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.
The enactments described in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
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.
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.
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Section 86 of this Act shall extend to England and Wales and to Northern Ireland.
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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.
This Act (except this section) shall come into operation on such date as the Secretary of State may by order appoint.
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.
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.
This Act may be cited as the Social Work (Scotland) Act 1968.
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After section 1 there shall be inserted the following section—.
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 ". In section 2(3), after paragraph (e) there shall be added the following paragraph— Section 2(6) and (7) shall be omitted.
In section 9, after the word " foster-child " there shall be inserted the words " for reward ".
Section 31.
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.
Any reference to a court of summary jurisdiction or to a juvenile court . . . shall be construed as a reference to the sheriff sitting summarily.
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In section 41, for subsection (1) there shall be substituted the following subsection— 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 ".
For section 43 there shall be substituted the following section—
In section 44, after the word " child" where first occurring there shall be inserted the words " under fourteen years of age ".
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”.
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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 ".
For section 50 there shall be substituted the following section—
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 For subsection (2) there shall be substituted the following subsection—
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 ".
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 ".
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 ".
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. "
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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”.
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For section 67 there shall be substituted the following section—
Section 33.
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.
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.
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—
the first, second and fourth additional members, by the Secretary of State;
the third and fifth additional members, by the local authority
The Children’s Panel Advisory Committee shall have power— 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.
to appoint sub-committees;
to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and
to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;
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”). 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. 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. 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.
includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's property or financial affairs and having continuing effect despite the granter's incapacity,
The Secretary of State may make such arrangements as he considers appropriate to recruit and train members or possible members of children’s panels.
Each local authority shall make such arrangements as they consider appropriate—
to enable the Children’s Panel Advisory Committee to obtain names for submission to the Secretary of State as possible panel members, and
to train panel members or possible panel members.
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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—.
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 ". shall be available in connection with— 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 In subsection (3), at the end there shall be inserted the following paragraph—. In subsection (4), at the end there shall be added the following paragraphs—. After subsection (5), there shall be inserted the following subsection— 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 ".
In section 20(1), after the word "requires—" there shall be inserted the following definition—and after the definition of " member of the forces ", there shall be inserted the following definition— .
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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.
No officer of any. Government department shall be qualified to be appointed to the panel.
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.
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.
The Secretary of State may—
pay to members of tribunals constituted as aforesaid such fees and allowances as he may with the consent of the Treasury determine,
defray the expenses of such tribunals up to such amounts as he may with the like consent determine.
The Secretary of State may make rules— 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.
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.
Section 84.
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.
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.
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.
The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.
In this Schedule— 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.
“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
“transferee” means a local authority to whom a function or any property, right, liability or obligation has been so transferred,
Section 93.
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— 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. 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.
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— 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. 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.
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.
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— 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. 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. 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.
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. 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.
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.
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.
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.
In this Schedule the following expressions have the meanings assigned to them—
“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,
in the case of a supervision order made by virtue of sections 189(4) and 390(4) of the Criminal Procedure (Scotland) Act 1975 to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the Principal Reporter has received by virtue of section 76 of this Act;
in any other case.
Section 95(1).
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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 ".
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 ".
In section 107(1), after the definition of " street" there shall be inserted the following definition—,
In section 38(3), for the words “an approved school” there shall be substituted the words “a residential establishment where education is provided”.
After section 101(2) there shall be inserted the following subsection—
In section 103(1), for the words “whether charged with an offence or not” there shall be substituted the words “charged with an offence”. After subsection (1), there shall be added the following subsection— After subsection (4), there shall be added the following subsection—
“Place of safety” has the same meaning as in the Social Work (Scotland) Act 1968 ; and after the definition of “Remand” there shall be inserted the following definition “Residential establishment” has the same meaning as in the Social Work (Scotland) Act 1968.
In section 15(1), after paragraph (f) there shall be inserted the following paragraph— 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”.
In section 27, at the end there shall be added the following subsection—
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”.
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” .
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In section 65, at the end, there shall be added the following paragraph—
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In section 3, in subsections (4) and (6), for the words " the probation officer or officers " there shall be substituted the words " any officer ".
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 ".
For section 8(1) there shall be substituted the following subsection—.
In section 9(1), for the word " seventeen" there shall be substituted the word " sixteen ".
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 ".
In section 28(1), for the paragraphs (a) to (c) there shall be substituted the following paragraphs—. For subsections (3) and (4), there shall be substituted the following subsections—. After subsection (4) there shall be inserted the following subsection—
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 ".
In section 78(1), after the definition of "large burgh and small burgh ", there shall be added the following definitions—.
In Schedule 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. ". 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 ".
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”.
(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) ; In subsection (2) after the words “forty-three”, there shall be inserted the words “or said section 80”.
In section 16(2)(b), after sub-paragraph (v) there shall be inserted the following sub-paragraph—.
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In section 4(3), paragraph (b) shall be omitted, and after paragraph (c) there shall be inserted the following paragraph—
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”.
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”.
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”.
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 ;”.
In section 10, for subsection (4) there shall be substituted the following subsection—
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— In subsection (5), for the words “designated officer” there shall be substituted the words “local authority or other person appointed”.
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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 ". In paragraph (d), after the words " 1948 " there shall be inserted the words " or under section 16 of the Social Work (Scotland) Act 1968 ; ". In paragraph (e), after the words " local health authority " there shall be inserted the words " or in Scotland a local authority ".
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 ".
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, ". After the definition of " relative " there shall be inserted the following definitions—.
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In section 50, after paragraph (c), there shall be inserted the following paragraph—or.
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In section 10(1) in paragraph (a) after head (iii) there shall be inserted the following head—or.
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 ".
In section 46, for paragraph (c), there shall be substituted the following paragraphs—, and after the words " by virtue of " there shall be inserted the words " subsection (2) of the said section 17 or
In section 57(3)(b), after the word "child", there shall be inserted the words " under sixteen years of age ".
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 ".
In section 66(7), for paragraph (a) there shall be substituted the following paragraph—.
In section 72(1).— for the definition of " guardian " there shall be substituted the following definition—; in the definition of " place of safety " for the words " and in relation to a child " to the end there shall be substituted the words— and in relation to a child means a place of safety within the meaning of the Social Work (Scotland) Act 1968 after the definition of " place of safety " there shall be added the following definition— .
In section 111, after the definition of "hospital order" there shall be inserted the following definition—.
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.”
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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. ". In subsection (2), for the words from " direct" to " juvenile court" there shall be substituted the words " make a direction ".
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In section 66(1), for the words " the local health authority " there shall be substituted the words " the local authority ".
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In section 141(2), after paragraph (c), there shall be added the following paragraph—.
In section 145, there shall be inserted the following definitions—
after definition (41) there shall be inserted—
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
after definition (46) there shall be inserted—
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”.
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In section 1(4), for the word " seventeen " there shall be substituted the word " sixteen ".
In section 7(1), for the word "fourteen" there shall be substituted the word " sixteen ".
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 ".
In section 15, in subsections (1) and (3), for the words “children’s officer” there shall be substituted the words “director of social work”. In subsection (4), for the words “Children and Young Persons (Scotland) Act 1937” there shall be substituted the words “Social Work (Scotland) Act 1968”.
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Section 95(2).
Session and Chapter Short Title Extent of Repeal 1 Edw. 8 & 1 Geo. 6. c. 37. The Children and Young Persons (Scotland) Act 1937. In section 21(2), the words from “may take” to the end of the subsection. In section 42(1), the words “or is for any other reason brought before a court” and in subsection (2), the words “or taken to a place of safety” and the words “or the person by whom he is taken to the place of safety, as the case may be”. In section 47(1) the words “until he can be brought before a juvenile court”, wherever occurring. In section 49(1), the words “either as being in need of care or protection or”, the words “or otherwise”, and the words “and for securing that proper provision is made for his education and training”. Section 49(2). Section 51. Section 53(2) and (3). Section 59(1) and in subsection (4), the words “under this section, or”. Sections 60 and 61. In section 63(3) the words “under the Probation of Offenders Act 1907”. Sections 65 and 66. Sections 68 to 86. Sections 88 to 98. Section 101(5) and (6). Section 106. Section 107(1)(a), and (2). Section 109. In section 110(1)— the following definitions— “Approved school”, “Approved school order”; “Headmaster”; “In need of care or protection”; 1 Edw. 8 & 1 Geo. 6. c. 37.—cont. The Children and Young Persons (Scotland) Act 1937—cont. in the definition of “Justice” the words “(except in section 51 of this Act)”; and the definition of “managers”. In section 110, in subsection (3)(a)(ii) the words “and the juvenile court for any area” and subsection (3)(a)(iv). Section 111. Section 112. Schedule 2. Schedule 3. 11 & 12 Geo. 6. c. 29. The National Assistance Act 1948. Section 21. Section 22(1). Sections 23 and 24. Section 26(1) and (5). Section 27. Sections 29 and 30. Section 32. Sections 34 to 40. Section 50(3). Section 58(1) and (4). 11 & 12 Geo. 6. c. 43. The Children Act 1948. The whole Act. 12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland) Act 1949. Section 2(3) and (9). Section 4(2) and (3). Section 5(3). In section 7, in subsection (2), the words from “to omit” to “and”, and in subsection (4), the words to “to (3)”. Sections 11 to 13. In section 28, subsection (2), and in subsection (3), the words “a remand home or” and the words “home or”. Sections 50 and 51. Sections 69 to 73. In section 75, subsections (1)(a), (3)(a) to (d) and (4) to (6). In section 78, in subsection (1)— in the definition of “appropriate court” the words “or supervision”; and the words “or person under supervision”; and the following definitions— “Approved probation hostel” and “Approved probation home”; “approved school”; “Remand home”; “Salaried probation officer”; in the definition of “sentence”, the words from “an order for custody” to the end of the definition; the following definitions— “Supervision Order”; “Voluntary probation officer”; “Whole-time probation officer”; and “Young Person”. Schedule 1. In Schedule 2, in paragraph 2, in sub-paragraph (3), the words “appointed by the appropriate court,”, in sub-paragraph (4)(b), the words “named therein”, in paragraph 3(b) the words “an approved probation hostel or home or in” and the word “other” and paragraph 7. Schedule 3. 14 Geo. 6. c. 37. The Maintenance Orders Act 1950. Schedule 1, so far as relating to the modification of the Children and Young Persons (Scotland) Act 1937. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 61. The Prisons (Scotland) Act 1952. Section 18(1) to (3A). In section 32, in subsection (3), the words “who is not less than seventeen years of age”, and subsection (4). 4 & 5 Eliz. 2. c. 24. The Children and Young Persons Act 1956. The whole Act. 4 & 5 Eliz. 2. c. 50. The Family Allowances and National Insurance Act 1956. The whole Act. 5 & 6 Eliz. 2. c. 1. The Police, Fire and Probation Officers Renumeration Act 1956. In section 11(2) and (3). In section 1(1)(d), the words from “or” to “1949”. 6 & 7 Eliz. 2. c. 40. The Matrimonial Proceedings (Children) Act 1958. Section 11(2) and (3). In section 12(1), the words “of a probation officer or”, and section 12(3). 6 & 7 Eliz. 2. c. 65. The Children Act 1958. Section 1. Section 2(6) and (7). 7 & 8 Eliz. 2. c. 5. The Adoption Act 1958. Section 4(3)(b). In section 11(1), the words “or juvenile court”. In section 15(3), the words from “or the Children” to “1937”. In section 37(3), the words “in an approved school or”. 8 & 9 Eliz. 2. c. 61. The Mental Health (Scotland) Act 1960. In sections 8 and 9. In section 10, in subsection (1), in paragraph (a), head (i), and at the end of head (ii) the word “or”. Section 12(2), sections 19 to 21 and section 46(a). In section 55(10), the words from “including” to the word “school”. In section 57, in subsection (3)(b), the words “or young person”; and subsection (5). Section 69(1)(b). Section 71. In section 72, the definitions of “approved school” and “remand home” and in the definition of “place of safety” the words “or young person” first occurring. In section 111(1), the definition of “residential home for persons suffering from mental disorder;”. 10 & 11 Eliz. 2. c. 47. The Education (Scotland) Act 1962. Section 36(4) and (5). Section 44(3) and (4). Section 80(1)(e). In section 104 the words “(including an approved s chool)”. 1963 c. 37. The Children and Young Persons Act 1963. Section 1. Sections 45 to 52. Section 58. 1963 c. 39. The Criminal Justice (Scotland) Act 1963. In section 11, in subsection (2), the words from “if the offender” to the words “detention centre”, and subsections (3) and (5). Section 15. Part II. Schedule 2. 1968 c. 46. The Health Services and Public Health Act 1968. Section 13. Section 44. Section 45.
Session and Chapter Short Title Extent of Repeal 1 Edw. 8 & 1 Geo. 6. c. 37. The Children and Young Persons (Scotland) Act 1937. In section 21(2), the words from " may take " to the end of the subsection. In section 42(1), the words " or is for any other reason brought before a court" and in subsection (2), the words " or taken to a place of safety " and the words " or the person by whom he is taken to the place of safety, as the case may be ". In section 47(1) the words " until he can be brought before a juvenile court", wherever occurring. In section 49(1), the words " either as being in need of care or protection or", the words " or otherwise ", and the words " and for securing that proper provision is made for his education and training ". Section 49(2). Section 51. Section 53(2) and (3). Section 59(1) and in subsection (4), the words "under this section, or ". Sections 60 and 61. In section 63(3) the words "under the Probation of Offenders Act 1907 ". Sections 65 and 66. Sections 68 to 86. Sections 88 to 98. Section 101(5) and (6). Section 106. Section 107(1)(a). and (2). Section 109. In section 110(1)— the following definitions— " Approved school ", " Approved school order "; " Headmaster "; " In need of care or protection "; in the definition of " Justice " the words " (except in section 51 of this Act) "; and the definition of " Managers ". In section 110, in subsection (3)(a)(ii) the words " and the juvenile court for any area " and subsection (3)(a)(iv). Section 111. Section 112. Schedule 2 Schedule 3. 11 & 12 Geo. 6. c. 29. The National Assistance Act 1948. Section 21. Section 22(1). Sections 23 and 24. Section 26(1) and (5). Section 27. Sections 29 and 30. Section 32. Sections 34 to 40. Section 50(3). Section 58(1) and (4). 11 & 12 Geo. 6. c. 43. The Children Act 1948. The whole Act. 12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland) Act 1949. Section 2(3) and (9). Section 4(2) and (3). Section 5(3). In section 7, in subsection (2), the words from " to omit" to " and", and in subsection (4), the words " to (3)". Sections 11 to 13. In section 28, subsection (2), and in subsection (3), the words " a remand home or " and the words "home or". Sections 50 and 51. Sections 69 to 73. In section 75, subsections (1)(a), (3)(a) to (d) and (4) to (6). In section 78, in subsection (1)— in the definition of " appropriate court " the words " or supervision"; and the words " or person under supervision "; and the following definitions— " Approved probation hostel " and " Approved probation home "; " Approved school "; " Remand home "; " Salaried probation officer "; in the definition of " sentence ", the words from " an order for custody " to the end of the definition; the following definitions— " Supervision order "; " Voluntary probation officer "; " Whole-time probation officer "; and " Young person ". Schedule 1. In Schedule 2, in paragraph 2, in sub-paragraph (3), the words " appointed by the appropriate court,", in sub-paragraph (4)(b), the words " named therein ", in paragraph 3(b) the words "an approved probation hostel or home or in " and the word " other " and paragraph 7. Schedule 3. 14 Geo. 6. c. 37. The Maintenance Orders Act 1950. Schedule 1, so far as relating to to the modification of the Children and Young Persons (Scotland) Act 1937. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 61. The Prisons (Scotland) Act 1952. Section 18(1) to (3A). In section 32, in subsection (3), the words "who is not less than seventeen years of age ", and subsection (4). 4 & 5 Eliz. 2. c. 24. The Children and Young Persons Act 1956. The whole Act. 4 & 5 Eliz. 2. c. 50. The Family Allowances and National Insurance Act 1956. The whole Act. 5 & 6 Eliz. 2. c. 1. The Police, Fire and Probation Officers Remuneration Act 1956. In section 1(1)(d), the words from " or " to " 1949 ". 6 & 7 Eliz. 2. c. 40. The Matrimonial Proceedings (Children) Act 1958. Section 11(2) and (3). In section 12(1), the words of a probation officer or ", and section 12(3). 6 & 7 Eliz. 2. c. 65. The Children Act 1958. Section 1. Section 2(6) and (7). 7 & 8 Eliz. 2. c. 5. The Adoption Act 1958. Section 4(3)(b). In section 11(1), the words " or juvenile court". In section 15(3), the words from " or the Children " to " 1937 ". In section 37(3), the words " in an approved school or ". 8 & 9 Eliz. 2. c. 61. The Mental Health (Scotland) Act 1960. Sections 8 and 9. In section 10, in subsection (1), in paragraph (a), head (i), and at the end of head (ii) the word " or ". Section 12(2). Sections 19 to 21. Section 46(a). In section 55(10), the words from " including" to the word " school". Section 56. In section 57, in subsection (3)(b), the words " or young person"; and subsection (5). Section 69(1)(b). Section 71. In section 72, the definitions of " approved school" and " remand home " and in the definition of " place of safety " the words " or young person " first occurring. In section 111(1), the definition of " residential home for persons suffering from mental disorder;". 10 & 11 Eliz. 2. c. 47. The Education (Scotland) Act 1962. Section 36(4) and (5). Section 44(3) and (4). Section 80(1)(e). In section 104 the words " (including an approved school)". 1963 c. 37. The Children and Young Persons Act 1963. Section 1. Sections 45 to 52. Section 58. 1963 c. 39. The Criminal Justice (Scotland) Act 1963. In section 11, in subsection (2), the words from " if the offender " to the words " detention centre", and subsections (3) and (5). Section 15. Part II. Schedule 2. 1968 c. 46. The Health Services and Public Health Act 1968. Section 13. Section 44. Section 45.
Session and Chapter Short Title Extent of Repeal 23 & 24 Geo. 5. c. 12. The Children and Young Persons Act 1933. In section 78(2) and (4), the words from “(including” to “ 1937)”. In section 82(1), the words from “or” to “1937”, and in the proviso, the words from “or where” to “Wales”. In section 83(1), (2) and (4), the words “Scotland or” wherever occurring, and in subsection (5) the words from “in relation to Scotland” to “Department, and”. In section 85(1) and (2), the words “or under the Children and Young Persons (Scotland) Act 1937”. In Schedule 4, in paragraph 9, in sub-paragraph (1), the words from “or with the consent” to “to that Act”, paragraph 9(3), and in paragraph 13, the words “or of the Children and Young Persons (Scotland) Act 1937” in both places where they occur. 6 & 7 Eliz. 2. c. 65. The Children Act 1958. In section 2(4), the words from “or of” to “1937”. In section 17, in the definition of “fit person order”, the words “or” to “1937”. 7 & 8 Eliz. 2. c. 72. The Mental Health Act 1959. In section 10(1), in sub-paragraph (a), head (ii). In section 50, sub-paragraph (b). 1963 c. 37. The Children and Young Persons Act 1963. In section 12, the words “Scotland or”. In section 45(1), the words “the Children and Young Persons (Scotland) Acts 1937 and 1956”. Sections 51 and 52. Section 53(1)(b). 1965 c. 53. The Family Allowances Act 1965. In section 11, subsection (1)(a)(ii), in subsection (1)(c), the words “or an order under section 73(2) of the said Act of 1937”, and in subsection (2), the words “or the said Act of 1937”.
Session and Chapter Short Title Extent of Repeal 23 & 24 Geo. 5. c. 12. The Children and Young Persons Act 1933. In section 78(2) and (4), the words from " (including " to " 1937) ". In section 82(1), the words from " or " to " 1937 ", and in the proviso, the words from " or where " to " Wales ". In section 83(1), (2) and (4), the words " Scotland or" wherever occurring, and in subsection (5) the words from " in relation to Scotland " to " Department, and ". In section 85(1) and (2), the words " or under the Children and Young Persons (Scotland) Act 1937 ". In Schedule 4, in paragraph 9, in sub-paragraph (1), the words from " or with the consent" to " to that Act", paragraph 9(3), and in paragraph 13, the words " or of the Children and Young Persons (Scotland) Act 1937 " in both places where they occur. 6 & 7 Eliz. 2. c. 65. The Children Act 1958. In section 2(4), the words from "or of" to" 1937". In section 17, in the definition of "fit person order", the words " or" to " 1937 ". 7 & 8 Eliz. 2. c. 72. The Mental Health Act 1959. In section 10(1), in sub-paragraph (a), head (ii). In section 50, sub-paragraph (b). 1963 c. 37. The Children and Young Persons Act 1963. In section 12, the words " Scotland or ". In section 45(1), the words " the Children and Young Persons (Scotland) Acts 1937 and 1956 ". Sections 51 and 52. Section 53(1)(b). 1965 c. 53. The Family Allowances Act 1965. In section 11, subsection (1)(a)(ii), in subsection (1)(c), the words " or an order under section 73(2) of the said Act of 1937 ", and in subsection (2), the words " or the said Act of 1937 ".