Children and Young Persons (Scotland) Act 1937

Supplementary Provisions as to Secretary of State

106Powers of Secretary of State and Scottish Education and Health Departments to appoint inspectors, and c

(1)The Secretary of State and the Scottish Education Department may, for the purposes of their respective powers and duties under the enactments relating to children and young persons, appoint such number of inspectors as the Treasury may approve and may pay to the persons respectively appointed by them such remuneration and allowances as, with the consent of the Treasury, the Secretary of State or the Department, as the case may be, may determine, and the Department may authorise or require any of His Majesty's Inspectors of Schools to exercise any power or perform any duty which might be exercised or performed by any inspector appointed in pursuance of this section.

(2)The Department of Health for Scotland shall have, for the purposes of Part I of this Act, the like power of making inquiries, calling for returns, and applying to the Court of Session as they have for the purposes of the [8 & 9 Vict. c. 83.] Poor Law (Scotland) Act 1845.

107Exchequer grants and expenses of Secretary of State and Scottish Education Department

(1)There shall be paid out of money provided by Parliament—

(a)such sums on such conditions as the Secretary of State with the approval of the Treasury may recommend towards—

(i)the expenses of the managers of an approved school;

(ii)the expenses of an education authority in respect of children and young persons committed to their care;

(iii)the expenses of a council of a local authority in respect of remand homes;

(b)any expenses incurred by the Secretary of State or the Scottish Education Department in the administration of this Act.

(2)The conditions on which any sums are paid under this section towards the expenses incurred in connection with the provision of a site for, or with the erection, enlargement, improvement or repair of, an approved school, may include conditions for securing the repayment in whole or in part of the sums paid in the event of the school ceasing to be an approved school, and, notwithstanding anything in the constitution of the school or of the managers thereof, or in the trusts, if any, to which the property of the school or of the managers is subject, the managers and any persons who are trustees of any of the said property may accept those sums on those conditions, and execute any instrument required for carrying into effect those conditions, and shall be bound by those conditions and by any instrument so executed and have power to fulfil the conditions and the obligations created by the instrument.

108Powers of Secretary of State may be transferred

It shall be lawful for the Secretary of State, with the consent of the Treasury, from time to time to make an order transferring to the Scottish Education Department or to the Department of Health for Scotland any power for the time being possessed by him under this Act (not being a power under section fifty or section fifty-one of this Act), and by such order to make any adjustment consequential on the transfer and to provide for any matter necessary or proper for giving full effect to the transfer, and, on any such order being made, the powers so transferred shall be exercisable by the Scottish Education Department, or the Department of Health for Scotland, as the case may be.