Social Work (Scotland) Act 1968

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.

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Provisions Repealed enactments Section 95(2) of the act repealed 22 enactments, listed in parts I and II of schedule 9 to the act.

+Part I – Repeals extending to Scotland onlyCitationShort titleExtent of repeal1 Edw. 8 & 1 Geo. 6. c. 37Children and Young Persons (Scotland) Act 1937In 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. 29National Assistance Act 1948Section 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. 43Children Act 1948The whole act.12, 13 & 14 Geo. 6. c. 94Criminal Justice (Scotland) Act 1949Section 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. 37Maintenance Orders Act 1950Schedule 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. 61Prisons (Scotland) Act 1952Section 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. 24Children and Young Persons Act 1956The whole act.4 & 5 Eliz. 2. c. 50Family Allowances and National Insurance Act 1956The whole act.5 & 6 Eliz. 2. c. 1Police, Fire and Probation Officers Remuneration Act 1956In section 1(1)(d), the words from "or" to "1949".6 & 7 Eliz. 2. c. 40Matrimonial Proceedings (Children) Act 1958Section 11(2) and (3).In section 12(1), the words "of a probation officer or", and section 12(3).6 & 7 Eliz. 2. c. 65Children Act 1958Section 1.Section 2(6) and (7).7 & 8 Eliz. 2. c. 5Adoption Act 1958Section 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. 61Mental Health (Scotland) Act 1960Sections 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. 47Education (Scotland) Act 1962Section 36(4) and (5).Section 44(3) and (4).Section 80(1)(e).In section 104 the words "(including an approved school)".1963 c. 37Children and Young Persons Act 1963Section 1.Sections 45 to 52.Section 58.1963 c. 39Criminal Justice (Scotland) Act 1963In 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. 46Health Services and Public Health Act 1968Section 13.Section 44.Section 45.

+Part II – Repeals extending to England and WalesCitationShort titleExtent of repeal23 & 24 Geo. 5. c. 12Children and Young Persons Act 1933In 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. 65Children Act 1958In 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. 72Mental Health Act 1959In section 10(1), in sub-paragraph (a), head (ii).In section 50, sub-paragraph (b).1963 c. 37Children and Young Persons Act 1963In 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. 53Family Allowances Act 1965In 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".

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