{
  "url": "https://openlegislation.uk/social-work-scotland-act-1968/section-59",
  "json_url": "https://openlegislation.uk/social-work-scotland-act-1968/section-59.json",
  "legislation": "ukpga/1968/49",
  "legislation_title": "Social Work (Scotland) Act 1968",
  "legislation_url": "https://openlegislation.uk/social-work-scotland-act-1968",
  "path": "section/59",
  "kind": "section",
  "number": "59",
  "heading": "Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision.",
  "text": "(1) Without prejudice to their duties under sections 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 conferred under or by virtue of this Act sections 25 and 26 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) , Part 2 of the Children (Scotland) Act 1995 (c.36) , the Criminal Procedure (Scotland) Act 1995 or the Children’s Hearings (Scotland) Act 2011 (asp 1), or arrange for the provision of such establishments.\n(2) For the purpose of discharging their duty under the foregoing subsection a local authority may—\n(a) themselves provide such establishments as aforesaid; or\n(b) join with another local authority in providing those establishments; or\n(c) secure the provision of such establishments by voluntary organisations or other persons including other local authorities.\n(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 Local Government (Scotland) Act 1947, at the end, there shall be added the following entry, that is to say—\n“\nSection 59 of the Social Work (Scotland) Act 1968.\nSuch period not exceeding sixty years as may be sanctioned by the Secretary of State.\n”",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1947 c. 43."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1968/49/section/59",
    "retrieved_at": "2026-10-29T10:53:29.441282+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}