§ (2) Except as otherwise expressly provided, all matters relating to the performance of their functions under the following enactments—
- (a) this Act as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 and the Disabled Persons (Services, Consultation and Representation) Act 1986,
- (b) part IV of the Children and Young Persons (Scotland) Act 1937,
- (c) the Disabled Persons (Employment) Act 1958
- (d) sections 10 to 12 of the Matrimonial Proceedings (Children) Act 1958, [and sections 11 and 12 of the Guardianship Act 1973]
- (e) the Foster Children (Scotland) Act 1984,
- (f) the Adoption Act 1958,
- (g) section 101(1) of the Housing Act 1964, and
- (h) section 9(1)(b) of the Housing (Homeless Persons) Act 1977
- (i) the enactments mentioned in subsection (4) of the foregoing section,
- (j) the Children Act 1975,
- (k) the Adoption (Scotland) Act 1978,
- (1) section 19 and Part X of the Children Act 1989,
- (m) sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983;
- (n) the Access to Personal Files Act 1987,
§ shall stand referred to the social work committee, and before exercising any of the said functions the authority shall, unless the matter is urgent, consider a report of the social work committee with respect thereto.'.—[Mr. McLeish.]
§ Brought up, and read the First time.
§ Mr. Deputy Speaker
With this it will be convenient to discuss also the following:
New clause 11—The director of social work—
- '.—(1) For the purposes of their functions under the enactments referred to in section 2 (2) the Social Work (Scotland) Act 1968, a local authority shall, in accordance with the provisions of this section, appoint an officer, to be known as the director of social work.
- (2) The qualifications of the director of social work shall be such as the Secretary of State may prescribe.The director of social work shall hold his office during the tenure of the local authority, but he shall not be removed therefrom, or be required to resign as an alternative thereto, except by a resolution of that authority passed by not less than two-thirds of the members present at a meeting of the authority, notice of which specifies as an item of business the consideration of the removal from office of the director of social work or his being required to resign.The director of social work of a local authority shall not, except with the consent of the Secretary of State, be employed by that authority in any other capacity.A local authority shall secure the provision of adequate staff for assisting the director of social work in the performance of his functions.The provisions as to remuneration and tenure of office contained in [section 64 of the Local Government (Scotland) Act 1973], so far as these provisions are not inconsistent with any of the foregoing provisions of this section, shall apply to directors of social work and their staffs.'.New clause 18—Transitional Protection for Social Work Services—'. After section 86 of the Social Work (Scotland) Act 1968 there shall be inserted:—Local Government Reorganisation—Transitional Protection.
- 86A.—(1) Where a person has during the period from 1st April 1995 to 31st March 1996 received an out of area service, the local authority to whom that service is transferred shall have a duty to co-operate with the local authority for the area to which the person belongs in providing social work services to that person.
- (2) The Secretary of State may direct that local authorities enter into agreements under section 57 of the Local Government etc. (Scotland) Act 1994 in relation to social work services where such agreements appear to him to be necessary to protect the interests of users of those services.
- (3) In the event that a direction under subsection (2) is made, and it appears to any authority affected thereby that an agreement will not be entered into within a reasonable period, that authority may refer the matter to the Secretary of State.
- (4) If a referral is made under subsection (3) above, the Secretary of State may, after consultation with the respective local authorities, specify terms to be included in the agreement and direct that it be proceeded with, and the prospective parties to the proposed agreement shall comply with any such directions.
- (5) In this section:—social work services" means services which a local authority are under a duty or have a power to provide, or to secure the provision of under this Act, or any of the enactments mentioned 854 in section 5(1B) of this Act; and "out of area service" means a social work service which is transferred by the operation of the Local Government etc. (Scotland) Act 1994 to a local authority outwith the local authority area to which the user of the service belongs.'.New clause 19—Child care plans—
"children's services" means services for children which a local authority are under a duty or have a power to provide under the Social Work (Scotland) Act 1968 or any of the enactments referred to in section 5(1B) of that Act.'
- '(1) Within such period after the day appointed for the coming into force of this section as the Secretary of State may direct, and in accordance with the provisions of this section, each local authority shall prepare and publish a plan for the provision of children's services in their area.
- (2) Each local authority shall from time to time review any plan prepared by them under subsection (1) above and shall, in the light of any such review, prepare and publish:
- (a) any modifications to the plan under review; or
- (b) if the case requires, a new plan
- (3) In preparing any plan or carrying out any review under subsection (1) or, as the case may be, subsection (2) above, the authority shall consult:
- (a) any local authority with whom the authority has entered into an agreement under section 57 of this Act in relation to children's services;
- (b) any health board providing services under the National Health Service (Scotland) Act 1978 in the area of that authority;
- (c) the police force for the area of the local authority;
- (d) such voluntary organisations as appear to the authority to represent the interests of children, their families and carers within the area of the authority;
- (e) such bodies as appear to the authority to provide children's services in their area;
- (f) the children's panel for the area of the local authority; and
- (g) such other persons as the Secretary of State may prescribe by order.
- (4) Plans prepared by the local authority under subsection (1) shall include details of:
- (a) the services available to children and families who live in the area of the authority;
- (b) the proposals of the authority to develop and improve children's services;
- (c) an assessment of future needs for children's services in the area of the local authority;
- (d) the arrangements for co-operation between the authority and bodies listed in subsection (3) above; and
- (e) such other matters as the Secretary of State may prescribe by order.
- (5) In this section:
Amendment No. 32, in clause 31, page 26, line 6, leave out from beginning to end of line 15 and insert—