Law
Social Work (Scotland) Act 1968
United Kingdom · statute
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In force since 2026-01-07, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Contents: 154 provisions
- Title and introductory text
- 1 Local authorities for the administration of the Act.
- 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 3 Chief social work officer.
- 4 Provisions relating to performance of functions by local authorities.
- 5 Powers of Secretary of State.
- 5ZA National Chief Social Work Adviser and National Social Work Agency
- 5A Local authority plans for community care services.
- 5B Complaints procedure.
- 6 Supervision of establishments providing accommodation for persons and inspection of records etc.
- 6A Inquiries.
- 6B Local authority inquiries into matters affecting children.
- 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 8 Research.
- 9 Training courses and grants for training in social work.
- 10 Financial and other assistance to voluntary organisations etc., for social work.
- 11 Acquisition of land.
- 12 General social welfare services of local authorities.
- 12A Duty of local authority to assess needs.
- 12AZA Assessments under section 12A: assistance
- 12AA Assessment of ability to provide care
- 12AB Duty of local authority to provide information to carer
- 12B Direct payments in respect of community care services.
- 12C Further provisions relating to direct payments.
- 13 Power of local authorities to assist persons in need in disposal of produce of their work.
- 13ZA Provision of services to incapable adults
- 13A Residential accommodation with nursing.
- 13B Provision of care and after-care
- 14 Home help and laundry facilities.
- 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27 Supervision and care of persons put on probation or released from prisons etc.
- 27ZA Advice, guidance and assistance to persons arrested or on whom sentence deferred
- 27A Grants in respect of community service facilities
- 27B Grants in respect of hostel accommodation for persons under supervision.
- 28 Burial or cremation of the dead.
- 29 Power of local authority to defray certain travelling expenses.
- 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 31 Restriction on prosecution of children for offences.
- 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 59 Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.
- 59A Grants in respect of secure accommodation for children.
- 60 Control of residential and other establishments.
- 61 Restriction on carrying on of establishments.
- 61A Voluntary registration.
- 62 Registration.
- 62A Certificate of registration as respects grant-aided or independent school.
- 63 Special provisions for registration by Secretary of State.
- 63A Appeals against conditions imposed on registration or subsequently.
- 63B Special provisions for jointly registrable establishments.
- 64 Appeals against refusal or cancellation of registration.
- 64A Registration fees.
- 65 Removal of persons from establishments.
- 66 Duty to furnish particulars of establishments.
- 67 Entry to examine state and management of establishments etc.
- 68 Visiting of persons in establishments on behalf of local authorities.
- 69 Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement.
- 70 Abscondment from residential establishments.
- 71 Harbouring.
- 72 Supervision of children moving to England or Wales or Northern Ireland.
- 73 Supervision of children moving to Scotland.
- 74 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland.
- 75 Parent of a child subject to an approved school order or a committal order moving to Scotland.
- 76 Procedure.
- 77 Meaning of child for the purposes of this Part of this Act.
- 78 Duty to make contributions in respect of children in care etc.
- 78A Recovery of contributions.
- 79 Recipients of contributions.
- 80 Enforcement of duty to make contributions.
- 81 Provisions as to decrees for aliment.
- 82 Recovery of arrears of contributions.
- 83 Variation of trusts.
- 83A References in this Part of this Act to child being looked after.
- 84 Transfer of assets and liabilities.
- 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 86 Adjustments between authority providing accommodation etc., and authority of area of residence.
- 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 87 Charges that may be made for services and accommodation.
- 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 90 Orders, regulations etc.
- 91 Expenses.
- 92 Effect of Act on rate support grant.
- 92A Powers of the Secretary of State to make grants.
- 93 Transitional provisions.
- 94 Interpretation.
- 95 Minor and consequential amendments, repeals and savings.
- 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 97 Extension of certain provisions of Act to England and Wales, Northern Ireland and the Channel Islands.
- 98 Commencement.
- 99 Short title.
- SCHEDULE 1
- SCHEDULE 2 Amendment of Part IV of the Children and Young Persons (Scotland) Act 1937
- SCHEDULE 3 Children’s Panels
- SCHEDULE 4
- SCHEDULE 5
- SCHEDULE 6 Transfer of Assets and Liabilities
- SCHEDULE 7 Transitional Provisions
- SCHEDULE 8 Minor and Consequential Amendments
- SCHEDULE 9 Enactments Repealed
Proposed changes to this act
No one has proposed a change to this act yet.
154 provisions
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Propose a change58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change58B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Propose a change58E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change58F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change58G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change59 Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.
(1) 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. (2) For the purpose of discharging their duty under the foregoing subsection a local authority may— (a) themselves provide such establishments as aforesaid; or (b) join with another local authority in providing those establishments; or (c) secure the provision of such establishments by voluntary organisations or other persons including other local authorities. (3) The maximum period for the repayment of sums borrowed by a local authority for the purposes of this section shall be such period not exceeding sixty years as may be sanctioned by the Secretary of State; and accordingly in Schedule 6 to the Local Government (Scotland) Act 1947, at the end, there shall be added the following entry, that is to say— Section 59 of the Social Work (Scotland) Act 1968. | Such period not exceeding sixty years as may be sanctioned by the Secretary of State.
Propose a change59A Grants in respect of secure accommodation for children.
(1) The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in— (a) providing; (b) joining with another local authority in providing; or (c) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of secure accommodation . . . (2) The conditions subject to which grants are made under subsection (1) of this section may include conditions for securing the repayment in whole or in part of such grants. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change60 Control of residential and other establishments.
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Propose a change61 Restriction on carrying on of establishments.
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Propose a change61A Voluntary registration.
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Propose a change62 Registration.
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Propose a change62A Certificate of registration as respects grant-aided or independent school.
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Propose a change63 Special provisions for registration by Secretary of State.
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Propose a change63A Appeals against conditions imposed on registration or subsequently.
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Propose a change63B Special provisions for jointly registrable establishments.
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Propose a change64 Appeals against refusal or cancellation of registration.
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Propose a change64A Registration fees.
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Propose a change65 Removal of persons from establishments.
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Propose a change66 Duty to furnish particulars of establishments.
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Propose a change67 Entry to examine state and management of establishments etc.
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Propose a change68 Visiting of persons in establishments on behalf of local authorities.
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Propose a change69 Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement.
(1) If a child— (a) absconds from a place of safety in which he has been detained by virtue of this Act, or (b) 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, 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. (2) A child arrested in pursuance of this section shall be brought back— (a) in a case falling within paragraph (a) of subsection (1), to the place of safety, (b) in a case falling within paragraph (b) of that subsection, to the person under whose control he has been placed. (3) If, in the case of a child required to be brought back in pursuance of the last foregoing subsection— (a) the occupier of the place of safety, or (b) the person under whose control he has been placed, 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. (4) 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. (5) In this and the next following section any reference— (a) to a child absconding includes a reference to his being unlawfully taken away; (b) 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.
Propose a change70 Abscondment from residential establishments.
If a child who is required by a supervision requirement to reside in a residential establishment— (a) absconds from the establishment in which he resides; or (b) absconds from any hospital or other institution in which he is temporarily residing; or (c) 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; he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands and brought back— (i) in a case falling within paragraph (b) to the place from which he absconded; or (ii) where he has run away from the person mentioned in paragraph (c), to that person; or (iii) 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.
Propose a change71 Harbouring.
Any person who knowingly— (a) 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 (b) harbours or conceals a child so liable or prevents him from returning to a place or person mentioned in either of those sections, 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.
Propose a change72 Supervision of children moving to England or Wales or Northern Ireland.
(1) 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— (a) discharge the supervision requirement; or (b) send notification of the requirement (i) 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); (ii) 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). in which the child proposes to reside or is residing. (1A) 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— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . (b) 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. (2) 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— (a) 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; (b) if he is over the age of fourteen years, a probation order; or (c) in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995. (2A) An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent. (2B) 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. (3) 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. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change73 Supervision of children moving to Scotland.
(1) Where a juvenile court in England or Wales or in Northern Ireland is satisfied that a child in respect of whom a probation order or a supervision order is in force proposes to reside or is residing in Scotland, the court may either— (a) discharge the probation order or supervision order; or (b) send notification of that order to the Principal Reporter and on the receipt of such a notification it shall be the duty of the Principal Reporter (i) 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; (ii) in any other case. to arrange a children’s hearing for the consideration and determination of the case under Part III of this Act. In this subsection “the appropriate court” means the sheriff having jurisdiction in the area in which the child proposes to reside or is residing or, where the original probation order was imposed by the High Court of Justiciary, that Court. (1A) 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— (a) 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; (b) 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 (c) 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. (2) 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. (3) 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.
Propose a change74 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland.
(1) 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— (a) discharge the supervision requirement; (b) continue the supervision requirement; (c) 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 (d) 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. (2) 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. (3) 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. (4) 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— (a) 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, (b) 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. (5) 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. (6) 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.
Propose a change75 Parent of a child subject to an approved school order or a committal order moving to Scotland.
(1) 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. (2) 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. (3) 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. (4) 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.
Propose a change76 Procedure.
(1) 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. (2) 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. (3) 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. (4) 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.
Propose a change77 Meaning of child for the purposes of this Part of this Act.
(1) “Child” in this Part of this Act means— (a) for the purpose of sections 69 to 71, a child within the meaning of Part III of this Act, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) for any other purpose, a person under eighteen. (2) “Parent” in this Part of this Act includes a guardian.
Propose a change78 Duty to make contributions in respect of children in care etc.
(1) 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— (a) 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; (b) if he is over sixteen years of age . . . , by the maintainable child himself. (2) 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. (2A) 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. (3) 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.
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