SCHEDULES

F1F1SCHEDULE 1S

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Section 31.

SCHEDULE 2E+W+S Amendment of Part IV of the M1Children and Young Persons (Scotland) Act 1937

Part IS

General AdaptationsS

[F21SAny 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.]

2SAny reference to a court of summary jurisdiction or to a juvenile court . . . F3 shall be construed as a reference to the sheriff sitting summarily.

Part IIE+W+S Specific Adaptations

3—6S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

7E+W+SIn 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.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

16S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

17S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

18SIn 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.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Section 33.

SCHEDULE 3U.K. Children’s Panels

AppointmentS

1SThe 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.

2SA 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 CommitteeS

3S[F9Subject to paragraph 5B below,]each local authority shall form a Children’s Panel Advisory Committee consisting of

[F10F11(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F12. . .]

two members nominated by the local authority and three members nominated by the Secretary of State . . . F13

[F143ASThe 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]

4SThe 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.

5SIt 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.

[F155ASThe 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.]

[F165B(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”).S

(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 MembersS

6SThe Secretary of State may make such arrangements as he considers appropriate to recruit and train members or possible members of children’s panels.

7SEach local authority [F17shall] 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 MembersS

[F188SA 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.]

F19F19SCHEDULE 4S

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F20F20SCHEDULE 5S

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Section 84.

SCHEDULE 6STransfer of Assets and Liabilities

1SEvery 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.

2SWhere 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.

3SAny 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.

4SThe Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilityes or obligations in pursuance of this Act.

5SIn 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.

SCHEDULE 7S Transitional Provisions

Registration of existing establishmentsS

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—S

(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 [F21section 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 schoolsS

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—S

(a)the M2Children 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 M3Criminal 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 careS

3SAfter the commencement of Part II of this Act and until the commencement of Part VI thereof, Part III of the M4Children 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 ordersS

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—S

(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 courtsS

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.S

(2)In the case of a juvenile court constituted under section 51 of the M5Children 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.

6SOn 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 [F22Principal 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 [F22Principal Reporter] of the local authority in whose area the circumstances arose which brought his case before the court.

Remand Home GrantS

7SUntil such time as the Secretary of State may direct, section 107(a)(iii) of the M6Children and Young Persons (Scotland) Act 1937 shall continue to have effect.

Probation GrantS

8SUntil such time as the Secretary of State may by order direct, section 75 (3)(a) and (b), (4) and (5) of the M7Criminal Justice (Scotland) Act 1949 shall continue to have effect.

InterpretationS

9SIn this Schedule the following expressions have the meanings assigned to them—

• “approved school” means a school approved under section 83 of the M8Children 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 M9Criminal Justice (Scotland) Act 1949.

• “supervision order” has the meaning assigned to it by section 72 of the said Act of 1949.

Section 95(1).

SCHEDULE 8U.K. Minor and Consequential Amendments

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

2—5S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

M10Children and Young Persons (Scotland) Act 1937U.K.

6U.K.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 M11Criminal 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”.U.K.

(2)In section 87(2)

(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”.

8U.K.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”.U.K.

(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.”

10U.K.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.”

M12National Health Service (Scotland) Act 1947U.K.

11(1)In section 15(1), after paragraph (f) there shall be inserted the following paragraph—U.K.

“(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”.

12U.K.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.”

13U.K.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”.

M13National Assistance Act 1948U.K.

14U.K.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” .

F2615U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16U.K.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.”

17U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

18U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

M14Nurseries and Child-Minders Regulation Act 1948U.K.

F3020U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

22—31U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

M15Maintenance Orders Act 1950U.K.

32U.K.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—U.K.

“(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”.

34U.K.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 ;”.

35U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

M16Valuation and Rating (Scotland) Act 1956U.K.

36U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

M17Adoption Act 1958U.K.

37U.K.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).”

38U.K.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”.

39U.K.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”.

40U.K.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”.

41U.K.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 ;”.

M18Matrimonial Proceedings (Children) Act 1958U.K.

42U.K.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—U.K.

“(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.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

48, 49.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

51—59.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

M19Health Visiting and Social Work (Training) Act 1962U.K.

60U.K.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.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

63, 64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

65—67.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

M20Children and Young Persons Act 1963U.K.

68U.K.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.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

M21Registration of Births, Deaths and Marriages (Scotland) Act 1965U.K.

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”.U.K.

(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”.

74U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Section 95(2).

SCHEDULE 9E+W+S Enactments Repealed

Part IS Repeals Extending to Scotland Only

Part IIE+W+S Repeals Extending to England and Wales