Social Work (Scotland) Act 1968
Act of the Parliament of the United Kingdom
From Wikipedia, the free encyclopedia
The Social Work (Scotland) Act 1968 (c. 49) is an act of the Parliament of the United Kingdom that made further provision for promoting social welfare and consolidated with amendments enactments relating to the care and protection of children in Scotland.[1]
.svg)
Long titleAn Act to make further provision for promoting social welfare in Scotland; to consolidate with amendments certain enactments relating to the care and protection of children; to amend the law relating to the supervision and care of persons put on probation or released from prison etc.; to restrict the prosecution of children for offences; to establish children's panels to provide children's hearings in the case of children requiring compulsory measures of care; and for purposes connected with the aforesaid matters.
Royal assent26 July 1968
| Act of Parliament | |
| |
| Long title | An Act to make further provision for promoting social welfare in Scotland; to consolidate with amendments certain enactments relating to the care and protection of children; to amend the law relating to the supervision and care of persons put on probation or released from prison etc.; to restrict the prosecution of children for offences; to establish children's panels to provide children's hearings in the case of children requiring compulsory measures of care; and for purposes connected with the aforesaid matters. |
|---|---|
| Citation | 1968 c. 49 |
| Territorial extent | Scotland[b] |
| Dates | |
| Royal assent | 26 July 1968 |
| Commencement | |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
Status: Partially repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Social Work (Scotland) Act 1968 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The act implemented the main recommendations of the Kilbrandon Report (1964) and established a new system of children's hearings to deal with children who may require compulsory measures of care, replacing the existing approved school and juvenile court arrangements in Scotland.
Provisions
Repealed enactments
Section 95(2) of the act repealed 22 enactments, listed in parts I and II of schedule 9 to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 1 Edw. 8 & 1 Geo. 6. c. 37 | 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"; 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 | 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 | Children Act 1948 | The whole act. |
| 12, 13 & 14 Geo. 6. c. 94 | 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 (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 | 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 | 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 | Children and Young Persons Act 1956 | The whole act. |
| 4 & 5 Eliz. 2. c. 50 | Family Allowances and National Insurance Act 1956 | The whole act. |
| 5 & 6 Eliz. 2. c. 1 | Police, Fire and Probation Officers Remuneration Act 1956 | In section 1(1)(d), the words from "or" to "1949". |
| 6 & 7 Eliz. 2. c. 40 | 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 | Children Act 1958 | Section 1. |
| Section 2(6) and (7). | ||
| 7 & 8 Eliz. 2. c. 5 | 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 | Mental Health (Scotland) Act 1960 | 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. | ||
| Section 46(a). | ||
| In section 55(10), the words from "including" to the word "school". | ||
| Section 56. | ||
| 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 | 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 school)". | ||
| 1963 c. 37 | Children and Young Persons Act 1963 | Section 1. |
| Sections 45 to 52. | ||
| Section 58. | ||
| 1963 c. 39 | 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 | Health Services and Public Health Act 1968 | Section 13. |
| Section 44. | ||
| Section 45. |
| Citation | Short title | Extent of repeal |
|---|---|---|
| 23 & 24 Geo. 5. c. 12 | 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 | 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 | Mental Health Act 1959 | In section 10(1), in sub-paragraph (a), head (ii). |
| In section 50, sub-paragraph (b). | ||
| 1963 c. 37 | 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 | 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". |
Notes
- Section 99.
- Section 97(4). Certain provisions extend to England and Wales, Northern Ireland, and the Channel Islands; see section 97(1)–(3).