SCHEDULES

P1C2F79C3 SCHEDULE 1F1SOCIAL SERVICES FUNCTIONS

Section 2.

Annotations:
Amendments (Textual)
F79

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Sch. 1: entry repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2, Sch. 1, Appendix.

F69

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Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.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Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6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Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6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Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}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Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6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Words in Sch. 1 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)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

F35

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)}

F36

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

F83

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)

F37

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

F39

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)

F40

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

F41

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)

F43

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)

F84

Words in Sch. 1 substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 44; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F45

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)

F46

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

F82

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)

F49

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.

F50

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)

F51

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

F52

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

F53

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)

F54

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

F55

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

F60

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

F61

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)

F63

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)

F64

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

F65

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)

F67

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. . .

F69Section 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)

F72 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 servicesF85; providing information about certain welfare services.

Section 2

Provision of certain welfare services.

F86Section 2A

Welfare services: transition for children to adult care and support in England.

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 . . .

F87. . .

F87. . .

F92. . .

F92. . .

F93. . .

F93. . .

F94. . .

F94. . .

F95. . .

F95. . .

F96. . .

F96. . .

F34Mental Health Act 1983 (c. 20)

F34 Parts II, III and VI

F34Welfare 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.

F34Sections 66, 67, 69(1)

F34Exercise of functions of nearest relative in relation to applications and references to F35the First-tier Tribunal or the Mental Health Review Tribunal for Wales .

F34Section 114

F34Appointment of F36approved mental health professionals .

F34Section 115

F34Entry and inspection.

F34Section 116

F34Welfare of certain hospital patients.

F34Section 117

F34After-care of detained patients.

F88Section 117A

Functions under regulations about provision of preferred accommodation under section 117.

F34Section 130

F34Prosecutions.

F83Section 130A

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

F37Health 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)

F37Charges for local authority welfare services

F38Public Health (Control of Disease) Act 1984 (c. 22)

F38Section 46(2) and (5)

F38Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.

F39. . .

F39. . .

F40Housing Act 1996 Section 213(1)(b)

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

F41Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

F73Sections 1 to 4, 5(5), 7 and 8.

F41Representation and assessment of disabled persons.

F42Housing (Scotland) Act 1987 (c. 26) section 38(b)

F42Co-operation in relation to homeless persons and persons threatened with homelessness.

F43Children Act 1989,The whole ActF74except 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.

F43Welfare reports.

F43Consent to application for F84child arrangements order in respect of child in care.

F44Functions relating to special guardianship orders

F43Family assistance orders.

F43Functions under Part III of the Act (local authority support for children and families).

F43Care and supervision.

F43Protection of children.

F43Functions in relation to community homes, voluntary homes and voluntary organisations, F45private children’s homes, private arrangements for fostering children, child minding and day care for young children.

F43Inspection of children’s homes on behalf of Secretary of State.

F43Research and returns of information.

F43Functions in relation to children accommodated F81pursuant 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 F46Local Health BoardsF47, F82...F48National Health Service trustsF75and local authorities in the exercise of education functions or in F45care homes, independent hospitals or schools.

F49National Health Service and Community Care Act 1990 (c. 19)

C1F49 Section 46

F49Preparation of plans for community care services.

F49Section 47

F49Assessment of needs for community care services.

F50. . .

F50. . .

F51 [Section 166.]

F52Carers (Recognition and Services) Act 1995 (c.12)

F52Section 1

Assessment of ability of carers to provide care.

F53Education Act 1996.

F53Section 322....................

F53Help for F76another local authority in exercising functions under Part IV of the Act.

F54Community 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 servicesF55 or services under the Carers and Disabled Children Act 2000.

F56Adoption (Intercountry Aspects) Act 1999 (c.18)

F57Sections 1 and 2(4)

Functions under F58regulations 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 F59and functions under Article 9(a) to (c) of the Convention .

F60Carers 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.

F60Assessment of carers’ needs.

Provision of services to carers.

Provision of vouchers.

F61Health and Social Care Act 2001

Part 4 in so far as it confers functions on a local authority in F89 ... 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.

F62Adoption and Children Act 2002

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

F63 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.

F64Carers (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

F65Children Act 2004

SectionsF709A, 13 to 16 and 31 to 34

Functions relating toF71targets for safeguarding and promoting the welfare of children, and to Local Safeguarding Children Boards.

F66Mental Capacity Act 2005

Section 39

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

F68Section 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

F68Schedule A1

Any functions.

F90National Health Service (Wales) Act 2006

Schedule 15

Care of mothers and young children; prevention, care and after-care; home help and laundry facilities.

F67Children 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.

F77Social Care Charges (Wales) Measure 2010

Sections 1, 2 and 4 to 12

Charges for local authority

F78Carers Strategies (Wales) Measure 2010

Preparation and implementation of carers strategies

F79Mental 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.

F80Legal Aid, Sentencing and Punishment of Offenders Act 2012

Section 92

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

F91Care Act 2014

Part 1, except section 78, so far as that Part and regulations under it give functions to local authorities in England

General responsibilities in relation to care and support services.

Assessing and meeting needs for care and support, and carers’ needs.

Direct payments, deferred payment agreements and loans.

Continuity of care and ordinary residence.

Safeguarding adults.

Provider failure.

Children in transition to adult care and support.

Independent advocacy support.

Recovery of charges.

Appeals against local authority decisions.

Discharge of hospital patients.

Registers.

Delegation of functions.