Section 59 Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.

Scotland

(1)

F1F2Without prejudice to their duties under F3sections 12 and 13A of this Act, it shall be the duty of a local authority to provide and maintain such residential and other establishments as may be required for their functions F4conferred under or by virtue of this Act F5sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) F6, Part 2 of the Children (Scotland) Act 1995 (c.36) F7, the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011 (asp 1), or arrange for the provision of such establishments.

(2)

For the purpose of discharging their duty under the foregoing subsection a local authority may—

(a)

themselves provide such establishments as aforesaid; or

(b)

join with another local authority in providing those establishments; or

(c)

secure the provision of such establishments by voluntary organisations or other persons including other local authorities.

(3)

The maximum period for the repayment of sums borrowed by a local authority for the purposes of this section shall be such period not exceeding sixty years as may be sanctioned by the Secretary of State; and accordingly in Schedule 6 to the M1Local Government (Scotland) Act 1947, at the end, there shall be added the following entry, that is to say—

“
Section 59 of the Social Work (Scotland) Act 1968. Such period not exceeding sixty years as may be sanctioned by the Secretary of State.
”

Annotations

Textual amendments

F1: Words in s. 59 inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(7); S.I. 1992/2975, art. 2(2), Sch.
F2: Words in s. 59(1) substituted (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 72(c); S.S.I. 2002/162, art. 2 (with arts. 3-13)
F3: Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), s. 333(2), sch. 4 para. 1(6); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F4: Words in s. 59(1) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(a), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3)
F5: Words in s. 59(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 25(4), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F6: Words in s. 59(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(9)
F7: Words in s. 59(1) inserted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 23(2)(b), 38(3); S.S.I. 2024/211, reg. 2(g) (with reg. 3)

Marginal citations

M1: 1947 c. 43.