(1) Section 87 of this Act (charges for services and accommodation)
shall not apply to the provision of services (including accommodation) under this Act in respect of maintainable children, and the provisions of this section shall apply thereto.
(2) A local authority providing such services may recover from a contributor a contribution (if any) of such amount as is reasonable and, subject to that, may recover—
(a) a standard contribution determined by them in respect of maintainable children who are looked after by them; or
(b) such other contribution as they consider reasonable in the circumstances.
(1) 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.
(2) 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.
(1) 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.
(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) 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
(5) 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.
(6) 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.
(7) 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.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) 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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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.
(4) (a) 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;
(b) 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.
(1) 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.
(2) 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.
(1) 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.
(2) 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.
83A References in this Part of this Act to child being looked after.
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.
86 Adjustments between authority providing accommodation etc., and authority of area of residence.
(1) Any expenditure which apart from this section would fall to be borne by a local authority—
(a) 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
(b) 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),
(ba) 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
(c) for the conveyance of a person ordinarily resident as aforesaid, or
(d) in administering a compulsory supervision order or interim compulsory supervision order in respect of a person ordinarily resident as aforesaid, or
(e) 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);
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.
(2) 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.
(3) 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.
(4) This subsection applies where a local authority (“the responsible authority”) performs a function under—
(a) this Act;
(b) Part II of the Children (Scotland) Act 1995 (c. 36); ...
(c) section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),
(d) the Children’s Hearings (Scotland) Act 2011
by making arrangements with a person (“the provider”) in terms of which the provider undertakes to accommodate, or to secure accommodation for, another person.
(5) Where subsection (4) applies—
(a) any expenditure incurred under the arrangements by a provider which is a local authority is recoverable from the responsible authority; and
(b) 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.
(6) 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—
(a) this Act;
(b) Part II of the Children (Scotland) Act 1995 (c. 36); ...
(c) section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
(d) the Children’s Hearings (Scotland) Act 2011.
(7) 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).
(8) Regulations made under subsection (6) or (7) of this section may—
(a) make different provision for different cases and for different persons;
(b) include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit.
(9) 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.
(10) 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.
(10A) 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.
(10B) 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.
(11) In this section—
“compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011; and
“interim compulsory supervision order” has the meaning given by section 86 of that Act.
87 Charges that may be made for services and accommodation.
(1) Subject to sections 78 and 78A of this Act (contributions in respect of maintainable children) and to the following provisions of this section, a local authority providing a service under this Act ... section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984 section 25 (care and support services for persons who have or have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or section 24(4) of the Carers (Scotland) Act 2016 or under or by virtue of Part II of the Children (Scotland) Act 1995 may recover such charge (if any) for it as they consider reasonable.
(1A) If a person—
(a) avails himself of a service provided under this Act ... section 7 or 8 of the said Act of 1984 section 25, 26 or 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or section 24(4) of the Carers (Scotland) Act 2016 or under or by virtue of Part II of the Children (Scotland) Act 1995; and
(b) satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,
the authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.
(1B) Subsections (1) and (1A) above do not apply as respects any amount required not to be charged by subsection (1) of section 1 of the Community Care and Health (Scotland) Act 2002 (asp 5)(charging and not charging for social care) or required to be charged or not to be charged by virtue of subsection (4) of that section.
(1C) Despite section 25(3) of the Public Bodies (Joint Working) (Scotland) Act 2014, where a local authority delegates a function in pursuance of an integration scheme under that Act to a person in pursuance of which a service mentioned in subsection (1) is provided by (or under the direction of) that person, subsections (1) to (1B) apply subject to the modifications in subsection (1D).
(1D) The modifications are—
(a) subsection (1) applies as if—
(i) the reference to a local authority providing a service mentioned in that subsection were to a person mentioned in subsection (1C) to whom a function is delegated (or another person under the direction of that person) providing the service, and
(ii) the reference to a local authority recovering a charge for a service provided by it were to a local authority recovering a charge for a service that is provided by (or under the direction of) a person mentioned in subsection (1C) to whom a function is delegated, and
(b) subsection (1A) applies as if the reference to the authority providing the service were to a local authority mentioned in subsection (1C).
(2) Persons, other than maintainable children, for whom accommodation is provided under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), shall be required to pay for that accommodation in accordance with the subsequent provisions of this section.
(3) Subject to the following provisions of this section, accommodation provided under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) shall be regarded as accommodation provided under Part III of the National Assistance Act 1948, and sections 22(2) to (8) and 26(2) to (4) (as amended by any enactment within the meaning of the Scotland Act 1998 (c. 46)) of the said Act of 1948 shall apply accordingly.
(4) In the application of the said section 22, for any reference to the Minister there shall be substituted a reference to the Secretary of State, and in the application of the said section 26, any references to arrangements under a scheme for the provision of accommodation shall be construed as references to arrangements made by a local authority with a voluntary organisation or any other person or body for the provision of accommodation under this Act or section 7 of the said Act of 1984 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
(4A) Despite section 25(3) of the Public Bodies (Joint Working) (Scotland) Act 2014, where a local authority delegates a function in pursuance of an integration scheme under that Act to a person in pursuance of which accommodation mentioned in subsection (3) is provided by (or under the direction of) that person, subsections (3) and (4) apply subject to the modifications in subsection (4B).
(4B) The modifications are that subsection (4) applies as if—
(a) after “Secretary of State” there were inserted—
and that section 22 applies as if—
(a) in subsection (2), the reference to the authority managing premises in which the accommodation is provided were to a local authority mentioned in subsection (4A) of this section,
(b) in subsection (3)—
(i) the reference to accommodation provided in premises managed by a local authority were to accommodation provided in premises managed by (or under the direction of) a person mentioned in subsection (4A) of this section to whom a function is delegated, and
(ii) the reference to the local authority were to a local authority mentioned in subsection (4A) of this section, and
(c) in subsection (5A)—
(i) the reference to an authority managing premises in which accommodation is provided were to a local authority mentioned in subsection (4A) of this section, and
(ii) the reference to the authority providing accommodation were to a person mentioned in subsection (4A) of this section to whom a function is delegated,
(d) in subsection (8), the reference to a local authority providing accommodation were to a local authority mentioned in subsection (4A) of this section,
,
(b) at the end of the subsection there were inserted—
and that section 26 applies as if—
(a) in subsection (2)—
(i) the reference to the local authority making payments to the organisation with whom the arrangements are made to provide the accommodation were to a person mentioned in subsection (4A) of this section to whom a function is delegated (or another person under the direction of that person) making those payments, and
(ii) the reference to the local authority recovering an amount of refund were to a local authority mentioned in subsection (4A) of this section recovering that amount,
(b) in subsection (3), the reference to the refund of any payments to the local authority were to the refund of any such payments to the local authority mentioned in subsection (4A) of this section,
(c) in subsection (3A)—
(i) the reference to the making of arrangements by the local authority were to the making of arrangements by (or under the direction of) a person mentioned in subsection (4A) of this section to whom a function is delegated,
(ii) in paragraphs (a) and (c), the references to the local authority were to a person mentioned in subsection (4A) of this section to whom a function is delegated , and
(iii) in paragraph (b) the reference to the local authority were to a local authority mentioned in subsection (4A) of this section,
and
(d) for subsection (4) there were substituted—
(4) Section 22(5A) of this Act applies for the purposes of subsection (3A) as it applies for the purposes of that section but as if—
(a) the reference to an authority managing premises in which accommodation is provided were to a local authority mentioned in section 87(4A) of the Social Work (Scotland) Act 1968, and
(b) the reference to the authority providing accommodation were to a person mentioned in section 87(4A) of the Social Work (Scotland) Act 1968 to whom a function is delegated.
(5) The Secretary of State may, with the consent of the Treasury, make regulations for modifying or adjusting the rates at which payments under this section are made, where such a course appears to him to be justified, and any such regulations may provide for the waiving of any such payment in whole or in part in such circumstances as may be specified in the regulations.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Any power to make regulations or orders . . . . . . , or to make rules conferred on the Secretary of State by this Act shall be exercisable by statutory instrument.
(2) Any statutory instrument made in the exercise of any power to make regulations conferred by this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Any power conferred by this Act to make orders shall include a power, exercisable in the like manner and subject to the same conditions, to vary or revoke any such order.
(4) A statutory instrument containing an order under section 27(1D) or 27A(1A)(c) of this Act is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
There shall be defrayed out of moneys provided by Parliament—
(a) any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and
(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
(1) The Secretary of State shall have power, by an order made in the like manner and subject to the like provisions as a rate support grant order, to vary the provisions of any rate support grant order made before the commencement of this Act for a grant period ending after the commencement of this Act.
(2) Any order made by virtue of this section may be made for all or any of the years comprised in the said rate support grant period, as may be specified in the order, and in respect of the year or years so specified shall increase the annual aggregate amount of the rate support grants to such extent as may appear to the Secretary of State to be appropriate having regard to any additional expenditure incurred or likely to be incurred by councils of counties or of large burghs in consequence of the passing of this Act.
(3) The provisions of this section shall have effect without prejudice to the exercise of any power conferred by section 4 of the Local Government (Scotland) Act 1966 (which confers power to vary rate support grant orders in consequence of unforeseen increases in the level of prices, costs or remuneration).
(4) In this section the expressions “rate support grant order” and “grant period” have the meanings respectively assigned to them by subsection (1) and subsection (3) of section 3 of the Local Government (Scotland) Act 1966.
92A Powers of the Secretary of State to make grants.
The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under–
(a) Part II of this Act; and
(b) sections 25 to 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003,
in relation to persons suffering from mental illness.
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.
(1) In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—
“approved school” means a school approved by the Secretary of State under section 79 of the Children and Young Persons Act 1933,
“approved school order” has the meaning assigned to it by section 107(1) of the Children and Young Persons Act 1933,
. . .
. . .
...
...
“compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),
“contributor” and “contribution order” have the meanings respectively assigned to them by sections 78 and 80 of this Act,
“domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;
“establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides non-residential accommodation for the purposes of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1), whether for reward or not,
“functions” shall include powers and duties,
. . .
“hospital” has the meaning assigned to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003
“local authority”, in relation to Scotland, has the meaning assigned to it by section 1(2) of this Act,
“maintainable child” has the meaning assigned to it by section 78 of this Act,
“mental health officer ” means a person appointed under subsection (1) of section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); and includes a person deemed, by virtue of subsection (3) of that section, to be so appointed;
“mental health officer” means an officer of a local authority appointed to act as a mental health officer for the purposes of the said Act of 1984,
“parent” means either parent or both parents, except that where the child was born out of wedlock and the parents have not subsequently married each other it means the natural mother but not the natural father;
“performance”, in relation to functions, includes the exercise of powers as well as the performance of duties, and “perform” shall be construed accordingly,
“persons in need” means persons who,
are in need of care and attention arising out of infirmity, youth or age; or
suffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
being persons prescribed by the Secretary of State who have asked for assistance, are, in the opinion of a local authority, persons to whom the authority may appropriately make available the services and facilities provided by them under this Act,
. . .
“prescribed” means—
in section 3 prescribed by regulations,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sections 12(3A),27A, 27B,. . . , 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order,
and “prescribe” shall be construed accordingly.
“probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,
“residential establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides residential accommodation for the purposes of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1), whether for reward or not,
. . .,
“supervision order”, in relation to an order imposed by a court in England or Wales, means a supervision order under ... Act or the Children Act 1989, and in relation to an order imposed by a court in Northern Ireland means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995,
...
“training school” has the meaning assigned to it by section 180(1) of the Children and Young Persons Act (Northern Ireland) 1968;
“training school order” means an order made by a court in Northern Ireland sending a child or young person to a training school,
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority,
“welfare authority” means a welfare authority constituted under the Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.
“youth rehabilitation order” means an order made under Chapter 1 of Part 9 of the Sentencing Code.
(2) Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment including this Act.
(3) Without prejudice to the last foregoing subsection, any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.
95 Minor and consequential amendments, repeals and savings.
(1) The enactments described in Schedule 8 to this Act shall have effect subject to the amendments therein specified, being minor amendments and amendments consequential on the foregoing provisions of this Act.
(2) The enactments described in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3) Subject to any expression in this Act to the contrary, in so far as any appointment, agreement or any provision in a regulation or order made or any notice, direction, consent, approval, warrant or certificate given under any enactment repealed by this Act or registration effected, or deemed to have been effected, proceedings instituted or other thing done under any such enactment could have been made, passed, given, granted, effected, instituted or done under a corresponding provision of this Act, it shall not be invalidated by this repeal, but shall have effect as if it had been made, passed, given, granted, effected, instituted or done to that corresponding provision and may be amended, varied, revoked or enforced accordingly, and, in the case of any legal proceedings, may be continued and appealed against as if this Act had not been passed.
97 Extension of certain provisions of Act to England and Wales, Northern Ireland and the Channel Islands.
(1) The following provisions of this Act shall extend to England and Wales, that is to say—
. . .
. . .
section 87
. . .
section 98(3) and Schedule 2 paragraphs 7 and 13
Schedule 8
Part II of Schedule 9.
(1A) Section 86 of this Act shall extend to England and Wales and to Northern Ireland.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Save as aforesaid, and except in so far as it relates to the interpretation or commencement of the provisions, this Act shall extend only to Scotland.
(1) This Act (except this section) shall come into operation on such date as the Secretary of State may by order appoint.
(2) Different dates may be appointed by order under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the date on which that provision comes into operation.
(3) An order under this section may make such transitional provisions as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provision of this Act then in force as appear to the Secretary of State necessary or expedient for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of the Children and Young Persons Act 1969.
SCHEDULE 2 Amendment of Part IV of the Children and Young Persons (Scotland) Act 1937
Section 31.
Part I
General Adaptations
1 Any reference to a child or to a young person shall be construed as a reference to a child as defined in section 93(2)(b) of the Children (Scotland) Act 1995.
2 Any reference to a court of summary jurisdiction or to a juvenile court . . . shall be construed as a reference to the sheriff sitting summarily.
Part II Specific Adaptations
3—6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 46(1) for the words “child or young person”, in both places where these words occur, there shall be subsituted the words “a person under the age of seventeen years”.
8—15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 In section 62, for the words “an approved school” there shall be subsitituted the words “a residential establishment”, and in paragraph (c), for the word “school” there shall be subsitituted the words “residential establishment”.
19, 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 33.
Appointment
1 The Secretary of State shall appoint such number of members of children’s panels for each local authority area as he considers appropriate and from among these members he shall appoint a chairman and a deputy chairman.
2 A member of a children’s panel shall hold office for such period as is specified by the Secretary of State, but may be removed from office by the Secretary of State at any time.
Children’s Panel Advisory Committee
3 Subject to paragraph 5B below,each local authority shall form a Children’s Panel Advisory Committee consisting of
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) . . .
two members nominated by the local authority and three members nominated by the Secretary of State . . .
3A The Secretary of State may, at the request of the local authority provide for an increase in the membership of the Children’s Panel Advisory Committee for the area of the authority by such number, not exceeding 5, of additional members as the authority specify in relation to their request, the additional members to be nominated as follows—
(a) the first, second and fourth additional members, by the Secretary of State;
(b) the third and fifth additional members, by the local authority
4 The chairman of the Children’s Panel Advisory Committee shall be appointed by the Secretary of State from among the members he has nominated, and shall be resident in the area of the local authority.
5 It shall be the duty of the Children’s Panel Advisory Committee—
(a) to submit names of possible panel members to the Secretary of State;
(b) to advise the Secretary of State as required on the suitability of persons referred to him as possible members; and
(c) to advise the Secretary of State on such matters relating to the general administration of panels as he may refer to them.
5A The Children’s Panel Advisory Committee shall have power—
(a) to appoint sub-committees;
(b) to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and
(c) to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;
and the provisions of paragraph 8 below shall apply to any persons appointed under sub-paragraph (b) above as they apply to members of the Children’s Panel Advisory Committee.
5B (1) Two or more local authorities may, for the purpose of discharging the function imposed on them by paragraph 3 above, make arrangements to form a Children’s Panel Advisory Committee for their areas (hereafter referred to as a “joint advisory committee”).
(2) A joint advisory committee shall not be formed in pursuance of arrangements made under sub-paragraph (1) above unless the authorities concerned have obtained the consent in writing of the Secretary of State.
(3) The Secretary of State may give a direction, in any case where a joint advisory committee has not been formed, to two or more local authorities requiring them to form a joint advisory committee; and the local authorities shall comply with any such direction.
(4) The provisions of this Schedule shall apply, subject to any necessary modifications, to a joint advisory committee as they apply to a Children’s Panel Advisory Committee formed under the said paragraph 3.
Recruitment and Training of Panel Members
6 The Secretary of State may make such arrangements as he considers appropriate to recruit and train members or possible members of children’s panels.
7 Each local authority shall make such arrangements as they consider appropriate—
(a) to enable the Children’s Panel Advisory Committee to obtain names for submission to the Secretary of State as possible panel members, and
(b) to train panel members or possible panel members.
Expenses of Panel Members
8 A local authority may pay–
(a) to a member or possible member of the children’s panel,
(b) to a member of the Children’s Panel Advisory Committee,
such allowances as may be determined by the Secretary of State; and he may determine differently in relation to different cases or classes of case.
Section 84.
1 Every agreement to which the transferor was a party immediately before the date of transfer shall have effect as from that date in favour of or against the transferee as if the transferee had been a party to the agreement instead of the transferor.
2 Where the functions of the transferor are transferred to more than one transferee the property, rights, liabilities and obligations of the transferor shall be allocated in such a manner as relates to the allocation of the functions transferred to each of the transferees.
3 Any legal or other proceedings to which the transferor is a party which are pending on the date of the transfer may be continued on or after that date as if the transferee instead of the transferor had been that party.
4 The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.
5 In this Schedule—
(a) “transferor” means a body or person from whom a function has been transferred under this Act and from whom any property, right, liability or obligation has been so transferred, and
(b) “transferee” means a local authority to whom a function or any property, right, liability or obligation has been so transferred,
and “transfer of function” includes the giving of a function to a local authority which was previously performed by another body including another local authority.
Section 93.
Registration of existing establishments
1 (1) Until the expiration of a period of two years beginning with the commencement of Part IV of this Act, or until registration is effected or refused under the said Part IV, whichever of those three events first occurs—
(a) a registration in respect of any establishment under any enactment repealed by this Act shall for the purposes of this Act be deemed to be a registration kept by a local authority under section 62 thereof, and
(b) a registration in respect of any establishment (other than an approved school) not required under any enactment immediately before the said commencement but required thereafter shall for the purposes of this Act be deemed to be kept as aforesaid by a local authority so long as there is no change of user.
(2) Notwithstanding the coming into operation of the said Part IV, the provisions of the said Part shall not apply in relation to approved schools until the commencement of Part III of this Act and thereafter, until the expiration of a period of two years beginning with the said commencement or until registration is effected or refused under the said Part IV, whichever of these three events first occurs, a registration in respect of an approved school required under the said Part IV shall, subject to the provisions of the next following paragraph, be deemed to be kept by the Secretary of State under that Part.
(3) Before the expiration of the period of two years mentioned in either of the two foregoing sub-paragraphs, the persons responsible for the management of any establishment deemed to be registered as aforesaid shall, if they intend the establishment to continue for the purposes in respect of which it is so deemed, make application for registration in accordance with the provisions of the said Part IV.
Approved schools
2 (1) The following enactments shall, notwithstanding the repeal or exclusion by this Act of any such enactment, continue to have effect, with any necessary modifications, in relation to establishments which were approved schools immediately before the commencement of Part III of this Act until such time as the Secretary of State otherwise directs, either generally or in regard to any particular establishment—
(a) the Children and Young Persons (Scotland) Act 1937: sections 83(2) and (3) and 85(1), (2)(a) and (c) (surrender of certificate of approval of approved school and classification and administration etc. of approved schools); section 107(1)(a)(i) and (b) and (2) (exchequer grants and expenses of the Secretary of State);
(b) the Criminal Justice (Scotland) Act 1963: sections 21 and 22 (directions as to management of approved schools and constitution of managers).
(2) Until such time as the Secretary of State makes a direction under sub-paragraph (1) of this paragraph in respect of an establishment the payments made by a local authority under this Act in respect of the expenses of carrying on the establishment shall be at such rate as the Secretary of State shall from time to time prescribe.
(3) Until such time as aforesaid any contributions or sums received by a local authority by virtue of any order or decree made under Part VI of this Act, or deemed to be so made, in respect of a child in an establishment shall be paid to the Secretary of State, but subject to such deductions in respect of the services rendered by the authority as may be prescribed.
Contributions in respect of children taken into care
3 After the commencement of Part II of this Act and until the commencement of Part VI thereof, Part III of the Children Act 1948 shall have the like effect in relation to children taken into care under section 15 of this Act as it had in relation to children taken into care under section 1 of that Act.
Approved school orders, fit person orders, and supervision orders
4 (1) This paragraph applies to children who immediately before the commencement of Part III of this Act were in any of the following classes, that is to say children who are—
(a) subject to an approved school order,
(b) committed to the care of a fit person under an order of a court,
(c) under a supervision order,
(d) subject to an order of committal to custody in a remand home.
(2) Subject to the next following sub-paragraph, a child to whom this paragraph applies shall, on the coming into operation of the said Part III, continue to be subject to any such order as aforesaid, and any provision of any enactment applying to the operation of the order and the treatment of the child shall, notwithstanding the repeal or exclusion by this Act of any such provision, continue so to apply.
(3) It shall be the duty of such local authorities as may be prescribed by the Secretary of State, by such date, and in such circumstances and in such cases as may be so prescribed to arrange for children to whom this paragraph applies to be brought before a children’s hearing for the consideration and disposal of their cases under Part III of this Act, and on the disposal of a case the order relating to the child shall cease to have effect.
(4) The provisions of the last foregoing sub-paragraph shall apply in the case of a child over the age of sixteen years who has not attained the age of eighteen years, but where a child has attained the age of eighteen years, on such date as the Secretary of State may prescribe, the order relating to the child shall cease to have effect.
Jurisdiction of courts
5 (1) Subject to the next following sub-paragraph, on the commencement of Part III of this Act, for the purpose of continuing the jurisdiction of courts in respect of children and young persons who before the said commencement have been charged with an offence, and in respect of children and young persons whose cases have been disposed of but where the courts have continuing functions at the time of that commencement arising from the form of disposal, the provisions of any enactment relating to those courts and cases in them shall, notwithstanding the repeal or exclusion by this Act of any such provisions, continue to have effect in relation to those courts and to those cases.
(2) In the case of a juvenile court constituted under section 51 of the Children and Young Persons (Scotland) Act 1937, the provisions of the foregoing sub-paragraph shall apply until such time as the Secretary of State otherwise directs, and on any such direction being made any question arising from the imposition of an order of such a court shall be dealt with by the sheriff having jurisdiction in the former area of that court as if the order had been made by him.
6 On the coming into operation of the said Part III the jurisdiction of a juvenile court in relation to the care and protection of children shall cease, and any case of a child under the age of sixteen years which was before the court under that jurisdiction immediately before the said commencement shall stand referred to the Principal Reporter of the local authority in whose area the child is ordinarily resident, or, where his ordinary residence is not known or is furth of Scotland, to the Principal Reporter of the local authority in whose area the circumstances arose which brought his case before the court.
Remand Home Grant
7 Until such time as the Secretary of State may direct, section 107(a)(iii) of the Children and Young Persons (Scotland) Act 1937 shall continue to have effect.
Probation Grant
8 Until such time as the Secretary of State may by order direct, section 75 (3)(a) and (b), (4) and (5) of the Criminal Justice (Scotland) Act 1949 shall continue to have effect.
Interpretation
9 In this Schedule the following expressions have the meanings assigned to them—
“approved school” means a school approved under section 83 of the Children and Young Persons (Scotland) Act 1937.
“approved school order” has the meaning assigned to it by section 110(1) of the said Act of 1937.
“remand home” has the meaning assigned to it by section 78(1) of the Criminal Justice (Scotland) Act 1949.
“supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.
Section 95(1).
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2—5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons (Scotland) Act 1937
6 In section 38(3), for the words “an approved school” there shall be substituted the words “a residential establishment where education is provided”.
7 (1) In section 87(1), for the words from “to an approved school” to the end of the subsection there shall be substituted the words “to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order sending him to the school in England or Northern Ireland were an order for committal for residential training made under section 58A of this Act made upon the same date, and as if the order were authority for his detention for a period not exceeding the period for which he might be detained under the approved school order or, as the case may be, the training school order made in respect of him”.
(2) In section 87(2)
to (4), any reference to an approved school in Scotland shall be construed as a reference to a place in respect of which the Secretary of State has made, or may make, a direction under subsection (1) ; and in section 87(2) and (4) the words “England or”, wherever they occur, shall be omitted.
(3) In section 87(3), the words from “approved school as” to the end of the subsection shall be omitted, and there shall be substituted the words “to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order were an order for committal for residential training made under section 58A of this Act made upon the same date”.
8 After section 101(2) there shall be inserted the following subsection—
(2A) Expenses incurred under this Act by a local authority shall be defrayed in like manner as the expenses of that authority under the Social Work (Scotland) Act 1968.
9 (1) In section 103(1), for the words “whether charged with an offence or not” there shall be substituted the words “charged with an offence”.
(2) After subsection (1), there shall be added the following subsection—
(1A) The court in making any inquiry in pursuance of the last foregoing subsection shall have regard to the application for the provisions of section 30(1) of the Social Work (Scotland) Act 1968 but an order of judgement of the court shall not be invalidated by any subsequent proof that the court was not informed that at the material time the person was subject to a supervision requirement or that his case had been referred to a children’s hearing under Part V of that Act.
(3) After subsection (4), there shall be added the following subsection—
(5) In subsections (1) and (2) of this section, references to a child or young person charged with an offence shall be construed as references to a child within the meaning of section 30(1) of the Social Work (Scotland) Act 1968.
10 In section 110(1), in the definition of “Child”, for the words “Part III” there shall be substituted the words “Parts III and IV” ; and for the definition of “Place of safety” there shall be substituted the following definition—
“Place of safety” has the same meaning as in the Social Work (Scotland) Act 1968 ;
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.
National Health Service (Scotland) Act 1947
11 (1) In section 15(1), after paragraph (f) there shall be inserted the following paragraph—
(g) the provision of any of the services which a local authority are required to provide under the Social Work (Scotland) Act 1968 ;
(2) In subsection (4), after the words “education authorities” there shall be inserted the words “or any of the social work services which local authorities” ; and after the words “education authority” there shall be inserted the words “or local authority”.
12 In section 27, at the end there shall be added the following subsection—
(4) On the coming into operation of section 1(4) of the Social Work (Scotland) Act 1968, a local health authority shall not perform any function under this section which may be performed by a local authority by virtue of that section.
13 In section 63, after the words “foregoing section” there shall be inserted the words “or local authority within the meaning of the Social Work (Scotland) Act 1968”.
National Assistance Act 1948
14 In section 32(1), at the end there shall be inserted the words “, and in this subsection any reference to another local authority includes a reference to a local authority in Scotland” .
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 In section 65, at the end, there shall be added the following paragraph—
(f) any reference however expressed to accommodation provided under Part III thereof shall be construed as a reference to accommodation provided under Part IV of the Social Work (Scotland) Act 1968.
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nurseries and Child-Minders Regulation Act 1948
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22—31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance Orders Act 1950
32 In section 8(1), after the words “the Children Act 1948” there shall be inserted the words “or section 81 of the Social Work (Scotland) Act 1968”.
33 (1) In section 9, in subsection (1), after paragraph (a) there shall be inserted the following paragraph—
(aa) for a contribution order under section 80 of the Social Work (Scotland) Act 1968 (enforcement of duty to make contributions by parents in respect of their children while in the care of a local authority under Part II of that Act or under a supervision requirement) ;
.
(2) In subsection (2) after the words “forty-three”, there shall be inserted the words “or said section 80”.
34 In section 16(2)(b), after sub-paragraph (v) there shall be inserted the following sub-paragraph—
(vi) a contribution order under section 80 of, or a decree or an order made under section 81 of, the Social Work (Scotland) Act 1968 ;
.
35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Valuation and Rating (Scotland) Act 1956
36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adoption Act 1958
37 In section 4(3), paragraph (b) shall be omitted, and after paragraph (c) there shall be inserted the following paragraph—
(d) section 17 of the Social Work (Scotland) Act 1968 (which makes corresponding provision for Scotland).
38 In section 15(4), for the words “(which provides” there shall be substituted the following words “or section 16 of the Social Work (Scotland) Act 1968 (which sections provide”.
39 In section 36(2)(a), for the words “or section ninety” to “1937” there shall be substituted the words “or section 78 of the Social Work (Scotland) Act 1968”.
40 In section 43(3), after the word “1948” there shall be inserted the words “or, as the case may be, section 15 of the Social Work (Scotland) Act 1968”, and for the words “that section” there shall be substituted the words “the said section 1 or, as the case may be, the said section 15”.
41 In section 57, in the definition of “place of safety”, at the end there shall be inserted the following words “and in Scotland has the same meaning as in the Social Work (Scotland) Act 1968 ;”.
Matrimonial Proceedings (Children) Act 1958
42 In section 10, for subsection (4) there shall be substituted the following subsection—
(4) On the making of an order under this section committing the care of a child to a local authority, Part II of the Social Work (Scotland) Act 1968 (which relates to the treatment of children in care of local authorities) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 15 of that Act, so however that—
(a) the exercise by the local authority of their powers under or by virtue of sections 5, 20 to 22, 59 and 60 of that Act shall be subject to any directions given by the court ; and
(b) section 23 of that Act (which relates to arrangements for the emigration of a child under the care of a local authority) shall not apply.
43 (1) In section 11(1), for the words “for the purpose” to “section” there shall be inserted the words “, not being an officer of the local authority for the purpose, appoint an appropriate local authority”, and at the end of the subsection there shall be inserted the following subsection—
(1A) In this section “local authority” has the same meaning as in the Social Work (Scotland) Act 1968.
(2) In subsection (5), for the words “designated officer” there shall be substituted the words “local authority or other person appointed”.
44—47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48, 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51—59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health Visiting and Social Work (Training) Act 1962
60 In section 3(5), after “1948”, insert “or under any re-enactment of any of the provisions of the said Parts of the said Acts of 1947 and 1948 contained in Part II of the Social Work (Scotland) Act 1968.”
61, 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63, 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65—67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1963
68 In section 55, the words from “section 88(5)” to “Scottish Act” shall be omitted and after “1948” there shall be inserted the words “or section 23 of the Sociual Work (Scotland) Act 1968”.
69—72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of Births, Deaths and Marriages (Scotland) Act 1965
73 (1) In section 15, in subsections (1) and (3), for the words “children’s officer” there shall be substituted the words “director of social work”.
(2) In subsection (4), for the words “Children and Young Persons (Scotland) Act 1937” there shall be substituted the words “Social Work (Scotland) Act 1968”.
74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 95(2).
Part I Repeals Extending to Scotland Only
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.
Part II Repeals Extending to England and Wales
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”.