Article 3 Prescribed care services

(1)

The care services prescribed are—

(a)

the provision of school education;

(b)

the provision of accommodation—

(i)

by, or on behalf of, a local authority in pursuance of its duty under any enactment to provide accommodation for children;

(ii)

by any other person for the purposes of the Social Work (Scotland) Act 1968^f1, the Children (Scotland) Act 1995^f2 or the Children’s Hearings (Scotland) Act 2011^f3;

(iii)

by a voluntary organisation or any other person in a children’s home;

(iv)

to evacuees during war;

(v)

to persons by reason of a disability (physical or mental);

(vi)

to persons on remand or sentenced to imprisonment or detention, or whose liberty is otherwise restricted; and

(vii)

to persons in need by reason of being destitute.

(2)

In paragraph 1(a), “school education” has the meaning given by section 1(5) of the Education (Scotland) Act 1980^f4.

(3)

In paragraph 1(b)(i), the reference to a local authority includes any body which, before 1st February 1996^f5, exercised functions analogous to those of a local authority.

Annotations

Footnotes

f1: 1968 c.49.
f2: 1995 c.36.
f3: 2011 asp 1.
f4: 1980 c.44. Section 1(5) has been relevantly amended by Schedules 2 and 3 to the Standards in Scotland’s Schools etc. Act 2000 (asp 6) and schedule 3 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4).
f5: 1st February 1996 is the date that section 2 (constitution of councils) of the Local Government etc. (Scotland) Act 1994 (c.39) was brought into effect.