Scotland's Children - The Children (Scotland) Act 1995 Regulations and Guidance: Volume 1 Support and Protection for Children and Their Families

Scotland's Children
The Children (Scotland) Act 1995 Regulations and Guidance
Volume 1 Support and Protection for Children and Their Families

Regulations and Directions

The Plans for Services for Children Directions 1996

The Secretary of State, in exercise of the powers conferred on him by section 19 of the Children (Scotland) Act 1995( a) and section 5(1A) of the Social Work (Scotland) Act 1968( b) and of all other powers enabling him in that behalf, hereby gives the following Directions:-

Citation and commencement

1. These Directions may be cited as the Plans for Services for Children Directions 1996 and shall come into force on 1st April 1997.

Interpretation

2. In these Directions

"the 1995 Act" means the Children (Scotland) Act 1995;

"independent sector providers" means any provider of relevant services for or in respect of children other than

(a) a local authority;
(b) any individual employed by a local authority under a contract of service; or
(c) any organisation which is owned, controlled or managed by a local authority or by more than one local authority;

"relevant services" means services provided by a local authority under or by virtue of

(a) Part II of the 1995 Act; or
(b) any of the enactments mentioned in section 5(1B)(a) to (o) of the Social Work (Scotland) Act 1968( c).

Period for preparation and publishing of plans

3. The period within which each local authority shall prepare and publish a plan under section 19 of the 1995 Act for the provision of relevant services for or in respect of children in their area shall be one year commencing on 1st April 1997 (being the day appointed for the coming into force of the said section 19).

Review of plans

4. The plan prepared and published by a local authority under section 19 of the 1995 Act shall be reviewed by the authority from time to time under subsection (3) of that section, which, having regard to that review, may publish any modifications to the plan or a new plan in substitution for that plan.

Details in plans: proposals to purchase and provide services

5. Each local authority shall include in any plan, including any plan as modified by them, which they prepare and publish for the provision of relevant services for or in respect of children in their area details of such proposals as they may have to-

(a) purchase any such services from independent sector providers of such services; and
(b) provide such services themselves or in association with another local authority, as part of the authority's overall provision of relevant services for their area.

6. Where including in any plan and any modification to a plan details of proposals in terms of paragraph 5 above, a local authority shall provide the following information in relation to each type of service

(a) the volume which they propose to purchase from each category of independent provider and the volume which they propose to provide either themselves or in association with another authority; and
(b) the estimated expenditure on purchasing that service from each category of independent sector provider and the estimated expenditure on the service which they propose to provide either themselves or in association with another authority.

J. W. Sinclair
Assistant Secretary,
Scottish Office

Edinburgh
19th December 1996

(a)1995 c.36.
(b)1968 c.49; section 5(1A) was inserted by the National Health Service and Community Care Act 1990 (c. 19), s.51 and amended by sub-paragraph (3) of paragraph 76 of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39).
(c)1968 c.49; section 5(1B) was inserted into the 1968 Act by paragraph 76(3)(b) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39).