Health and Social Services and Social Security Adjudications Act 1983

Social Work (Scotland) Act 1968 (c. 49.)

4In subsection (3A) of section 15 of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc.)—

(a)for the words " notwithstanding that no " there shall be substituted the words " whether or not a "; and

(b)for paragraph (b) there shall be substituted the following paragraph—

“(b)by a parent or guardian of the child in relation to whom no resolution under section 16 of this Act is in effect with respect to the child and who has given the local authority not less than 28 days' notice in writing of his intention to do it.”.

5In section 20 of that Act (duty of local authority to further the best interests of a child in their care)—

(a)in subsection (1), for the words " , the local authority " there shall be substituted the words " or of a voluntary organisation, they ";

(b)in subsection (2), for the words " a local authority" there shall be substituted the word " they ",

and after the words " the local authority ", there shall be inserted the words " or voluntary organisation "; and

(c)in subsection (3), after the word " authority ", there shall be inserted the words " or voluntary organisation ", and for the words " section 17(3)" there be substituted the words " sections 17(3), 17(3A) ".

6In subsection (2) of section 23 of that Act (power of Secretary of State to consent to emigration of child in care of local authority in certain circumstances) for the words " or relative " there shall be substituted the words " relative or friend ".

7In subsection (1) of section 31 of that Act (restriction on prosecution of children for offences) after the word " child " on each occurrence there shall be inserted the words " under the age of sixteen years ".

8In section 42 of that Act (application from reporter to sheriff for findings)—

(a)in subsection (6) at the beginning there shall be inserted the words " Subject to subsection (6A) of this section, ";

(b)after subsection (6) there shall be inserted the following subsection—

“(6A)Notwithstanding the provisions of subsection (2)(c) of this section, where, in the course of the proceedings before the sheriff, the child and his parent accept any of the grounds in respect of which the application has been made, the sheriff may dispense with the hearing of evidence relating to that ground unless he is satisfied that in all the circumstances such evidence should be heard, and deem that ground to have been established for the purposes of this section.”; and

(c)in subsection (7) at the end there shall be added the words—

“except that where any of the grounds for the referral are accepted by the child's parent, whether or not accepted by the child, then, notwithstanding subsection (6A) of this section, the sheriff may dispense with the hearing of evidence relating to that ground if he is satisfied that in all the circumstances it would be reasonable to do so.”.