SCHEDULES

P1C2F85 SCHEDULE 1F1SOCIAL SERVICES FUNCTIONS

Section 2.

Annotations:
Amendments (Textual)
F85

Words in Sch. 1 inserted (8.5.2012 for specified purposes, 6.6.2012 for further purposes otherwise 1.10.2012) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 43(2), 55(3); S.I. 2011/3046, art. 4(f) (with art. 5); S.I. 2012/1397, art. 2(v); S.I. 2012/2411, art. 2(k)

F1

Sch. 1 heading substituted (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(2), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(f)

F2

Entry relating to National Health Service Act 1977 substituted in the appropriate chronological order for entry relating to National Health Service Act 1946 by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 51

F3

Sch. 1: entry repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2, Sch. 1, Appendix.

F75

Word in Sch. 1 substituted (6.4.2009 except in relation to local authorities in W., otherwise 6.4.2009 for W.) by Health and Social Care Act 2008 (c. 14), ss. 147(5), 170(3), 170(4) (with Sch. 13); S.I. 2009/462, art. 4(a); S.I. 2009/631, art. 2(a)

F4

Sch. 1: word in entry substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1), Sch. 6 para. 16(2); S.I. 2007/1897, art. 2

F8

Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII

F11

Words in Schedule 1 in entry relating to the Mental Health Act 1959 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 26(1)(a); S.I. 1991/828, art. 3(2)

F16

Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F17

Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F21

Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F22

Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F23

Words in Sch. 1 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F24

Entry in Sch. 1 commencing “Sections 6 and 7B” substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 11(b)

F25

Sch. 1: words in entry inserted (1.4.2005 for E.) by Children Act 2004 (c. 31), ss. 18, 67(2), Sch. 2 para. 2(3); S.I. 2005/394, art. 2(2)(b)

F27

Entries added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 108(1)(a), Sch. 3 para. 74(b)

F29

Entry in Sch. 1 inserted (11.7.2006) by Childcare Act 2006 (c. 21), s. 103(1), Sch. 2 para. 1

F34

Entry added by virtue of a substitution by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 51

F41

Sch. 1: words in entry relating to the Mental Health Act 1983 substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, {Sch. 3 para. 27)}

F42

Sch. 1: words in entry relating to s. 114 of the Mental Health Act 1983 substituted (3.11.2008) by The Mental Health Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/2828), art. 3

F89

Words in Sch. 1 inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F43

Sch. 1: entry inserted (1.7.2001 for W. and 4.10.2001 for E.) by 2000 c. 14, s. 112; S.I. 2001/2190, art. 2, Sch.and S.I. 2001/3331, art. 2

F45

Sch. 1: entry repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(g) (with savings in art. 3(5)-(10) and subject to transitional provisions in Schs. 1-3)

F46

Sch. 1: entry substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 1; S.I. 1996/2959, art. 2

F47

Sch. 1: entry added (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107, 108(5)-(7), Sch. 5 para. 7; S.I. 2000/2849, art. 2(f)

F49

Words in Sch. 1 added (14.10.1991) at the end of Sch. 1 by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 26(2); S.I. 1991/828, art. 3(2)

F51

Sch. 1: words in entry substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 4; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with savings in art. 3(4)-(10) and subject to transitional provisions in Schs. 1-3)

F52

Sch. 1: words in entry substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 7

F88

Words in Sch. 1 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 15(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F55

Words inserted (1.4.1993 except so far as they relate to s. 46 of the 1990 Act which came into force on 1.4.1991 by S.I. 1990/2218, art. 2, Sch.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 11(c); S.I. 1992/2975, art. 2(2), Sch.

F56

Sch. 1: entry repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583(2), Sch. 37 Pt. I, para. 18, Sch. 38 Pt. I (with s. 1(4), Sch. 39)

F57

Sch. 1: entry added (1.9.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 44; S.I. 1994/2038, art. 3, Sch. 2

F58

Sch. 1: entries inserted (1.4.1996) by 1995 c. 12, ss. 1(7), 5(2)

F59

Sch. 1: entries added (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 18 (with s. 1(4), Sch. 39)

F60

Sch. 1: entry added (1.4.1997) by 1996 c. 30, s. 3(3); S.I. 1997/756, art. 2

F61

Sch. 1: words inserted in entry (1.4.2001 for E. for certain purposes and 1.7.2001 for W. for certain purposes and 30.4.2003 for E. in so far as not already in force and otherwise prosp.) by 2000 c. 16, ss. 9(a), 12; S.I. 2001/510, art. 2, Sch.; S.I. 2001/2196, art. 2, Sch.; S.I. 2003/1183, art. 2

F66

Sch. 1: entry inserted (1.4.2001 for E. for certain purposes and 1.7.2001for W. for certain purposes and 1.4.2003 for E. in so far as not already in force and otherwise prosp.) by 2000 c. 16, ss. 9(b), 12, S.I. 2001/510, art. 2, Sch. and S.I. 2001/2196, art. 2, Sch.; S.I. 2003/1183, art. 2

F67

Sch. 1: entry inserted (22.10.2001 for certain purposes for E. and 8.4.2003 in so far as not already in force for E. and 1.11.2004 for certain purposes for W. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 2 para. 15(3) (with ss. 64(9), 65(4)); S.I. 2001/3619, art. 3(1); S.I. 2003/850, art. 3(2)(c); S.I. 2004/1754, art. 2(2)(d)(ii)

F69

Sch. 1: entry inserted (1.10.2003 for E. and otherwise prosp.) by Community Care (Delayed Discharges etc.) Act 2003 (c. 5), ss. 13, 20(2); S.I. 2003/2280, art. 2(2)(b)

F70

Entry in Sch. 1 inserted (1.4.2005 for E. and 18.4.2005 for W.) by Carers (Equal Opportunities) Act 2004 (c. 15), ss. 4, 56(7); S.I. 2005/876, art. 2; S.I. 2005/1153, art. 2

F71

Entry in Sch. 1 inserted (1.4.2006 for certain purposes for E. and 1.10.2006 for W. and otherwise prosp.) by Children Act 2004 (c. 31), ss. 56, 67(7)(e); S.I. 2006/927, art. 2(h); S.I. 2006/885, art. 2(4)(g)

F73

Words in Sch. 1 inserted (16.2.2009 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 5, 44(4) (with s. 6); S.I. 2009/323, art. 2(b)

Subordinate Legislation Made
P1

Sch. 1: power to amend conferred (15.1.2004) by Children Act 2004 (c. 31), ss. 45(14)(b), 46, 47

Enactment

Nature of functions

Children and Young Persons Act 1933 (c. 12)

Part III

Protection of the young in relation to criminal and summary proceedings; children appearing before court as in need of care, protection or control; committal of children to approved school or care of fit person, etc.

Part IV

Remand homes, approved schools and children in care of fit persons.

F2 . . .

F2 . . .

F2 . . .

National Assistance Act 1948 (c. 29)

Sections 21 to 27

Provision of residential accommodation for the aged, infirm, needy, etc.

Sections 29 and 30

Welfare of persons who are blind, deaf, dumb or otherwise handicapped or are suffering from mental disorder; use of voluntary organisations for administration of welfare schemes.

F3. . .

F3. . .

F75Section 45

Recovery of costs of providing certain services.

Section 48

Temporary protection of property belonging to persons in hospital or accommodation provided under Part III of the Act, etc.

Section 49

Defraying expenses of local authority officer applying for appointment as F4deputy for certain patients.

F5 . . .

F5 . . .

Section 56(3) except so far as it relates to an offence under section 47(11).

Prosecution of offences.

F6 . . .

F6 . . .

F7 . . .

F7 . . .

F8. . .

F8. . .

Disabled Persons (Employment) Act 1958 (c. 33)

Section 3

Provision of facilities for enabling disabled persons to be employed or work under special conditions.

F9 . . .

F9 . . .

F10 . . .

F10 . . .

Mental Health Act 1959 (c. 72) F11section 8. . . .

F12Welfare and accommodation of mentally disordered persons

F13 . . .

F14 . . .

F14 . . .

F15Mental Health (Scotland) Act 1984

Section 10

Welfare of certain persons while in hospital in Scotland.

Health Visiting and Social Work (Training) Act 1962 (c. 33)

Section 5(1)(b), and as extended by section 45(9) of the Health Services and Public Health Act 1968 (c. 46).

Research into matters relating to local authority welfare services.

Children and Young Persons Act 1963 (c. 37)

Part I

F16F16 . . . powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . .

F17 . . .

F17 . . .

F18 . . .

F18 . . .

F19 . . .

F19 . . .

F19 . . .

Health Services and Public Health Act 1968 (c. 46)

F20 . . .

F20 . . .

F20 . . .

F20 . . .

Section 45

Promotion of welfare of old people.

Social Work (Scotland) Act 1968 (c. 49)

Sections 75(2) and 76(4)

Reference for consideration, etc. of case of child in care whose parent moves to Scotland and transfer of child.

F21. . .

F21. . .

F21. . .

Children and Young Persons Act 1969 (c. 54)

F78F78F78 The whole Act ..........

F22F23Care and other treatment of children and young persons through court proceedings; . . . . . .

Chronically Sick and Disabled Persons Act 1970 (c. 44)

Section 1

Obtaining information as to need for, and publishing information as to existence of, certain welfare services.

Section 2

Provision of certain welfare services.

Section 18

Provision of certain information required by Secretary of State.

F24Sections 6 and 7B of this Act

F24 Appointment of F25 director of adult social services or director of social services, etc ; provision and conduct of complaints procedure.

F26 . . .

F26 . . .

F27Children Act 1975 (c.72)

F28 . . .

F28 . . .

F27Part II

F27Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.

F29Adoption Act 1976

Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002.

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31Supplementary Benefits Act 1976, Schedule 5

F31Provision and maintenance of F32resettlement unitsfor persons without a settled way of living.

F33 . . .

F33 . . .

F34National Health Service Act 1977, Schedule 8

F34Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.

F35 . . .

F35 . . .

F36 . . .

F36 . . .

F37 . . .

F37 . . .

F38 . . .

F38 . . .

F39 . . .

F39 . . .

F40Mental Health Act 1983 (c. 20)

F40 Parts II, III and VI

F40Welfare of the mentally disordered; guardianship of persons suffering from mental disorder including such persons removed to England and Wales from Scotland or Northern Ireland; exercise of functions of nearest relative of person so suffering.

F40Sections 66, 67, 69(1)

F40Exercise of functions of nearest relative in relation to applications and references to F41the First-tier Tribunal or the Mental Health Review Tribunal for Wales .

F40Section 114

F40Appointment of F42approved mental health professionals .

F40Section 115

F40Entry and inspection.

F40Section 116

F40Welfare of certain hospital patients.

F40Section 117

F40After-care of detained patients.

F40Section 130

F40Prosecutions.

F89Section 130A

Making arrangements to enable independent mental health advocates to be available to help qualifying patients

F43Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

Section 17, so far as relating to services provided under the enactments mentioned in subsection (2)(a) to (c)

F43Charges for local authority welfare services

F44Public Health (Control of Disease) Act 1984 (c. 22)

F44Section 46(2) and (5)

F44Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.

F45. . .

F45. . .

F46Housing Act 1996 Section 213(1)(b)

Co-operation in relation to homeless persons and persons threatened with homelessness.

F47Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

F79Sections 1 to 4, 5(5), 7 and 8.

F47Representation and assessment of disabled persons.

F48Housing (Scotland) Act 1987 (c. 26) section 38(b)

F48Co-operation in relation to homeless persons and persons threatened with homelessness.

F49Children Act 1989,The whole ActF80except section 36 and paragraphs 12 to 19(1) of Schedule 3 (education supervision orders), in so far as it confers functions on a local authority within the meaning of that Act.

F49Welfare reports.

F49Consent to application for residence order in respect of child in care.

F50Functions relating to special guardianship orders

F49Family assistance orders.

F49Functions under Part III of the Act (local authority support for children and families).

F49Care and supervision.

F49Protection of children.

F49Functions in relation to community homes, voluntary homes and voluntary organisations, F51private children’s homes, private arrangements for fostering children, child minding and day care for young children.

F49Inspection of children’s homes on behalf of Secretary of State.

F49Research and returns of information.

F49Functions in relation to children accommodated F87pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 orby F52Local Health BoardsF53, F88...F54National Health Service trustsF81and local authorities in the exercise of education functions or in F51care homes, independent hospitals or schools.

F55National Health Service and Community Care Act 1990 (c. 19)

C1F55 Section 46

F55Preparation of plans for community care services.

F55Section 47

F55Assessment of needs for community care services.

F56. . .

F56. . .

F57 [Section 166.]

F58Carers (Recognition and Services) Act 1995 (c.12)

F58Section 1

Assessment of ability of carers to provide care.

F59Education Act 1996.

F59Section 322....................

F59Help for F82another local authority in exercising functions under Part IV of the Act.

F60Community Care (Direct Payments) Act 1996.

Functions in connection with the making of payments to persons in respect of their securing the provision of community care servicesF61 or services under the Carers and Disabled Children Act 2000.

F62Adoption (Intercountry Aspects) Act 1999 (c.18)

F63Sections 1 and 2(4)

Functions under F64regulations made under section 1 giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993 F65and functions under Article 9(a) to (c) of the Convention .

F66Carers and Disabled Children Act 2000 (c. 16)

The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.

F66Assessment of carers’ needs.

Provision of services to carers.

Provision of vouchers.

F67Health and Social Care Act 2001

Part 4 in so far as it confers functions on a local authority in England or Wales within the meaning of that Part.

Functions in relation to the provision of residential accommodation.

Making of direct payments to person in respect of his securing provision of community care services or services to carers.

F68Adoption and Children Act 2002

Maintenance of Adoption Service; functions of local authority as adoption agency.

F69 Community Care (Delayed Discharges etc. ) Act 2003

Part 1....................

Functions relating to hospital patients likely to need community care services to be made available in order to be discharged safely.

F70Carers (Equal Opportunities) Act 2004

Section 3, in so far as it confers functions on a local authority within the meaning of that section.

Co-operation between authorities

F71Children Act 2004

SectionsF769A, 13 to 16 and 31 to 34

Functions relating toF77targets for safeguarding and promoting the welfare of children, and to Local Safeguarding Children Boards.

F72Mental Capacity Act 2005

Section 39

Instructing independent mental capacity advocate before providing accommodation for person lacking capacity

F74Section 39A

Instructing independent mental capacity advocate when giving an urgent authorisation, or making a request for a standard authorisation, under Schedule A1 to the Act.

Section 39C

Instructing independent mental capacity advocate when no representative for relevant person under Part 10 of Schedule A1 to the Act.

Section 39D

Instructing independent mental capacity advocate when representative for relevant person under Part 10 of Schedule A1 to the Act is not being paid.

Section 49

Reports in proceedings

F74Schedule A1

Any functions.

F73Children and Young Persons Act 2008

Part 1, in so far as it confers functions on a local authority in England or Wales within the meaning of that Part......

Making arrangements for the discharge of relevant care functions in relation to certain children and young persons.

F83Social Care Charges (Wales) Measure 2010

Sections 1, 2 and 4 to 12

Charges for local authority

F84Carers Strategies (Wales) Measure 2010

Preparation and implementation of carers strategies

F85Mental Health (Wales) Measure 2010

Parts 1 to 3

Local primary mental health support services, coordination of and care planning for secondary mental health service users, assessments of former users of secondary mental health services.

F86Legal Aid, Sentencing and Punishment of Offenders Act 2012

Section 92

Functions in relation to a child remanded to local authority accommodation.