C14C17C18C16C15C24Part II Promotion of Social Welfare by Local Authorities
Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(7) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(10) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 4(3)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(3) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
Pt. II excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(3) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c)
General
C1C2212 General social welfare services of local authorities.
C2C201
It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate, and such assistance may F1, subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person..
2
A person is a relevant person for the purposes of this section if, not being less than eighteen years of age, he is in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person’s need would cause greater expense to the local authority on a later occasion.
F2 2A
A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
F2 2B
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
3
Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need.
F33A
In determining, for the purposes of this section, whether to make available assistance by providing, or securing the provision of, residential accommodation to a person, a local authority shall disregard so much of the person’s resources—
a
as may be prescribed; or
b
as is determined by them in such a way as may be prescribed,
and any order made by virtue of this subsection may make different provision for different cases and for different persons.
3B
An order made by virtue of paragraph (a) of subsection (3A) of this section may prescribe circumstances in which assistance such as is mentioned in that subsection is to be made available disregarding entirely a person’s resources.
3C
In subsections (3A) and (3B) of this section, references to a person’s resources are to resources within the meaning of the order prescribing the amount, or as the case may be the way, in question.
3D
A statutory instrument made in exercise of the power conferred by paragraph (a) or (b) of subsection (3A) of this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
4
Assistance given in kind or in cash to, or in respect of, persons under this section may be given unconditionally or subject to such conditions as to the repayment of the assistance, or of its value, whether in whole or in part, as the local authority may consider reasonable having regard to the means of the person receiving the assistance and to the eligibility of the person for assistance from any other statutory body.
5
Nothing in the provisions of this section shall affect the performance by a local authority of their functions under any other enactment.
F46
For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.
12AF5 Duty of local authority to assess needs.
C3C41
Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority—
a
shall make an assessment of the needs of that person for those services; and
F6b
shall then decide, having regard to the results of that assessment, and taking account—
F106i
if an adult carer provides, or intends to provide, care for that person, of the care provided by that carer,
ia
if a young carer provides, or intends to provide, care for that person, of the care provided by that carer,
ii
whether the needs of the person being assessed call for the provision of any such services.
F1101A
In subsection (1)(b)(i) and (ia), the reference to the care provided by a carer means—
a
in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,
b
in the case of a young carer who has a young carer statement, the information about that care set out in that statement.
1B
In—
a
assessing the needs of a person for services under subsection (1)(a),
b
deciding under subsection (1)(b) whether those needs call for the provision of any services, and
c
deciding how any such services are to be provided,
a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.
C5C62
Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner.
3
If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies—
a
of any services under the National Health Service (Scotland) Act 1978 by the Health Board—
i
in whose area he is ordinarily resident; or
ii
in whose area the services to be supplied by the local authority are, or are likely, to be provided; or
b
of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment,
the local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request.
F73A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall–
a
proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services Consultation and Representation) Act M1 1986 without his requesting them to do so under that section; and
b
inform him that they will be doing so and of his rights under that Act.
5
Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.
6
If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.
7
This section is without prejudice to section 3 of the said Act of 1986.
8
In this section—
F111“adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,
F95“community care services” means services, other than services for children, which a local authority is under a duty or has a power to provide, or to secure the provision of, under—
- a
Part 2 of this Act; or
- b
any of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003—
- i
section 25 (care and support services etc. );
- ii
section 26 (services designed to promote well-being and social development);
- iii
section 27 (assistance with travel);
- i
- a
“disabled person” has the same meaning as in the said Act of 1986; and
“medical practitioner” means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.
F10 “person” means a natural person.
F112“young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.
12AZAF92Assessments under section 12A: assistance
1
Subsection (4) applies where—
a
a local authority is required by section 12A(1)(a) to carry out an assessment of the needs of a person (the “supported person”) for community care services,
b
it appears to the authority that the supported person falls within subsection (2), and
c
the conditions in subsection (3) are satisfied.
2
A supported person falls within this subsection if—
a
because of mental disorder, the supported person would benefit from receiving assistance from another person in relation to the carrying out of the assessment,
b
because of difficulties in communicating due to physical disability, the supported person would benefit from receiving assistance from another person to communicate in relation to the carrying out of the assessment.
3
The conditions are—
a
there is no guardian, continuing attorney or welfare attorney with powers as respects the provision of assistance in relation to the carrying out of the assessment, and
b
an intervention order has not been granted as respects the provision of assistance in relation to the carrying out of the assessment.
4
The authority must take reasonable steps—
a
to identify persons who are able to assist the supported person, and
b
if the supported person agrees, to involve them in assisting the supported person in relation to the carrying out of the assessment or, as the case may be, communicating in relation to the carrying out of the assessment.
5
In this section—
“the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000 (asp 4),
“continuing attorney”—
- a
means a continuing attorney within the meaning of section 15 of the 2000 Act, and
- b
includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's property or financial affairs and having continuing effect despite the granter's incapacity,
- a
“guardian”—
- a
means a guardian appointed under the 2000 Act, and
- b
includes a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during the adult's incapacity, if the guardianship is recognised under the law of Scotland,
- a
“intervention order” is to be construed in accordance with section 53 of the 2000 Act,
“mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),
“welfare attorney”—
- a
means a welfare attorney within the meaning of section 16 of the 2000 Act, and
- b
includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.
- a
F11312AA Assessment of ability to provide care
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11412AB Duty of local authority to provide information to carer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93 12B Direct payments in respect of community care services.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9412C Further provisions relating to direct payments.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Power of local authorities to assist persons in need in disposal of produce of their work.
Where, by virtue of F11section 12 of this Act, a local authority make arrangements or provide or secure the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, that local authority may assist such persons in disposing of the produce of their work.
13ZAF82Provision of services to incapable adults
1
Where—
a
a local authority have decided under section 12A of this Act that an adult's needs call for the provision of a community care service; and
b
it appears to the local authority that the adult is incapable in relation to decisions about the service,
the local authority may take any steps which they consider would help the adult to benefit from the service.
2
Without prejudice to the generality of subsection (1) above, steps that may be taken by the local authority include moving the adult to residential accommodation provided in pursuance of this Part.
3
The principles set out in subsection (2) to (4) of section 1 of the 2000 Act apply in relation to any steps taken under subsection (1) above as they apply to interventions in the affairs of an adult under or in pursuance of that Act.
4
Subsection (1) does not authorise a local authority to take steps if they are aware that—
a
there is a guardian or welfare attorney with powers relating to the proposed steps;
b
an intervention order has been granted relating to the proposed steps; or
c
an application has been made (but not yet determined) for an intervention order or guardianship order under Part 6 of the 2000 Act relating to the proposed steps.
5
In this section—
a
“ the 2000 Act ” means the Adults with Incapacity (Scotland) Act 2000 (asp 4);
b
“ adult ” has the meaning given in section 1(6) of the 2000 Act;
c
“ community care service ” has the meaning given in section 5A of this Act;
d
“ incapable ” has the meaning given in section 1(6) of the 2000 Act;
e
“ intervention order ” is to be construed in accordance with section 53 of the 2000 Act”;
f
the reference to a guardian includes a reference to—
i
a guardian appointed under the 2000 Act; and
ii
a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland;
g
the reference to a welfare attorney includes a reference to—
i
a welfare attorney within the meaning of section 16 of the 2000 Act; and
ii
a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.
F19 Residential accommodation with nursing.
S. 13A and crossheading inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 56; S.I. 1992/2975, art. 2(2), Sch.
C2313AF12C7 Residential accommodation with nursing.
C8C211
Without prejudice to section 12 of this Act, a local authority shall
F15b
make such arrangements as they consider appropriate and adequate for the provision of
suitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability.
C9C19F162
F17 . . . Arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person providing—
a
an independent health care service which is a private psychiatric hospital; or
b
a care home service.
F902A
In subsection (2)(a) above, “independent health care service” and “private psychiatric hospital” have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c.29).
F892B
In subsection (2)(b) above, “care home service” has the same meaning as in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).
C10C193
The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act.
F184
No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
F185
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
F22 Provision of care and after-care
S. 13B and crossheading inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 56; S.I. 1990/2510, art. 2, Sch.
13BF20 Provision of care and after-care
1
Subject to subsection (2) below, a local authority may, with the approval of the Secretary of State, and shall, if and to the extent that the Secretary of State so directs, make arrangements for the purpose of the prevention of illness, the care of persons suffering from illness and the after-care of such persons.
2
The arrangements which may be made under subsection (1) above do not include arrangements in respect of medical, dental or nursing care, or health visiting.
F213
No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—
a
because he is destitute; or
b
because of the physical effects, or anticipated physical effects, of his being destitute.
F21 4
Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.
Home help
14 Home help and laundry facilities.
1
It shall be the duty of every local authority to provide on such scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate of, F23home helpF23domiciliary services for households where such F24help isF24services are required owing to the presence, or the proposed presence, of a person in need or a person who is an expectant mother or lying-in, and every such authority shall have power to provide or arrange for the provision of laundry facilities for households for which F25home help isF25domiciliary services are being, or can be, provided under this subsection.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
C114
On the coming into operation of the provisions of this and the last two foregoing sections, the provisions of sections 13, 44 and 45 of the Health Services and Public Health Act 1968 M2 shall cease to have effect.
Special provisions as to the care of children in need
F2815. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3016A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3217A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3317B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3417C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3517D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3617E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3818A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
F4020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4120A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4725A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4826. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supervision and care of persons put on probation or released from prisons etc.
27 Supervision and care of persons put on probation or released from prisons etc.
1
F99It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—
a
making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case
F49aa
making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;
F50ab
making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;
F67ac
the provision of advice, guidance and assistance for persons who are in prison or subject to any other form of detention and who—
i
resided in their area immediately prior to such imprisonment or detention; or
ii
intend to reside in their area on release from such imprisonment or detention,
and who on release from such imprisonment or detention, it appears to the local authority, will be required to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;
F76ad
making available, for the purposes of parenting orders under section 13 or 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), such services as are required to enable requirements imposed by or under such orders to be carried out in respect of persons in their area;
F78ae
making available to the Scottish Ministers such background and other reports as the Scottish Ministers may request in relation to the exercise of their functions under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9);
b
the supervision of, and the provision of advice, guidance and assistance for—
i
persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and
ii
persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment F51and
F51iii
without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a F83community payback order imposed under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement.
F53v
without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995;
vb
without prejudice to sub-paragraph (i) above, persons in their area who are under 16 years of age and subject to restriction of liberty orders under section 245A of the said Act of 1995;
F54vi
persons in their area aged 16 and 17 years who are subject to a F91 compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children’s Hearings (Scotland) Act 2011 (asp 1);
F55vii
persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; F86 ...
F87viii
persons in their area who are subject to work orders under section 303ZA(6) of the said Act of 1995;
F56c
the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.
F661A
A local authority may provide advice, guidance or assistance for any person who—
a
would fall to be provided for under paragraph (ac) of subsection (1) above but for the fact that it appears to the local authority that he will not be required to be under any form of supervision on release as mentioned in that paragraph; and
b
requests such advice, guidance or assistance.
1B
Where as respects any person more than one local authority is required by paragraph (ac) of subsection (1) to make such provision as is mentioned in that paragraph, they may agree between themselves that only one of them shall do so; and where there is such agreement the paragraph shall apply accordingly.
F771C
In paragraphs (ac) and (b)(i) and (ii) of subsection (1) above, “enactment” includes an Act of the Scottish Parliament.
1D
The Scottish Ministers may by order amend subsection (1) above so as (any or all)—
a
to add to the functions for the time being described;
b
to omit any of those functions;
c
to alter any of those functions.
2
3
a
the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;
F58aa
the matters to be included in such a report;
b
arrangements for the attendance of officers of the local authority at the court;
c
arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to F59a committee or sub-committee of such authorities;
d
arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and
e
such other matters as the local authority considers relevant to the service to be provided.
4
5
F695A
Before including in a community justice scheme which is made, revised or modified under this section provision for the purposes of subsection (1)(b)(va) F88or (viii), a local authority shall consult such persons or class or classes of person as the Scottish Ministers may by regulations prescribe.
5B
The Scottish Ministers may give local authorities directions in writing as to the content of community justice schemes; and authorities shall comply with any such directions.
5C
The power conferred by subsection (5B) above to give a direction shall include power to vary or revoke the direction.
6
Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.
C127
Section 11 of and Schedule 3 to the M3 Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.
27ZAF65Advice, guidance and assistance to persons arrested or on whom sentence deferred
1
It shall be a function of a local authority, if and to such extent as the Scottish Ministers so direct and in accordance with the direction, to provide, directly or indirectly, advice, guidance and assistance to any person (and in particular to any person who appears to the local authority to have dependency problems)—
a
who is arrested and detained in police custody in their area, but only during the period of such detention; or
b
on whom sentence is deferred under section 202(1) of the 1995 Act, but only during the period of deferment and while that person is in their area.
2
The function mentioned in subsection (1)(a) above may continue to be exercised by the local authority while the person is in their area for a period not exceeding 12 months from the date of his release from police custody.
3
In subsection (1) above, “ dependency problems ” means problems relating to a dependency on drugs, alcohol or some other substance.
27AF60 Grants in respect of community service facilities
F801
F100The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of expenditure incurred by that local authority in providing a relevant service.
1A
In subsection (1) above, a “relevant service” means a service—
a
for the purposes mentioned in section 27(1) F102or 27ZA of this Act;
F103b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
for such other similar purposes as the Scottish Ministers may prescribe.
1B
Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.
F681A
In a case where two or more local authorities are discharging any function mentioned in section 27(1) or 27ZA of this Act jointly, whether or not in accordance with arrangements made under section 56(5) of the Local Government (Scotland) Act 1973 (c. 65), the power of the Scottish Ministers to make grants under subsection (1) above in respect of expenditure incurred for the purposes mentioned in paragraph (a) of that subsection includes a power to make such grants, on such conditions as are mentioned in that subsection, to a local authority nominated by the local authorities from among their number.
F982
Before exercising his power under subsection F101(1A)(c) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.
27BF61 Grants in respect of hostel accommodation for persons under supervision.
F96F1041
The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of relevant expenditure.
1A
In subsection (1) above, “relevant expenditure” means expenditure incurred by, F105... that local authority in—
a
providing; or
b
contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,
residential accommodation wholly or mainly for the persons mentioned in subsection (2) below.
1B
Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.
F972
The persons referred to in F81subsection (1A) above are–
a
persons mentioned in section 27(1)(b)(i) and (ii) of this Act;
b
persons who have been charged with an offence and are on bail;
c
persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and
d
such other classes of persons as the Secretary of State may prescribe.
3
Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.
Ancillary
F11628 Burial or cremation of the dead.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 Power of local authority to defray F115certain travelling expenses. C13
1
A local authority may make payments to any parent, relative or other person connected with F62—
a
a person, other than a child, in the care of the authority or receiving assistance from the authority; or
b
a child who is being looked after by the authority,
in respect of travelling, subsistence or other expenses incurred by the parent, relative or other person in visiting the person F63or child, if it appears to the authority that the parent, relative or other person would not otherwise be able to visit F64him without undue hardship and that the circumstances warrant the making of the payments.
F1171A
In subsection (1), “child” has the meaning given by section 93(2)(a) of the Children (Scotland) Act 1995.
1B
In subsection (1), the reference to a child who is “looked after” by a local authority is to be construed in accordance with section 17(6) of that Act of 1995.
F1182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5)