The Contracting Out (Local Authorities Social Services Functions) (England) Order 2014

Article 2

SCHEDULE Social Services Functions

National Assistance Act 1948

1.  Section 21 (duty of local authorities to provide accommodation)(1).

2.  Section 22 (charges to be made for accommodation)(2).

3.  Section 24 (authority liable for the provision of accommodation)(3).

4.  Section 26(1) to (4A) (provision of accommodation in premises maintained by voluntary organisations)(4).

5.  Section 29 (welfare arrangements for blind, deaf, dumb and crippled persons, etc.)(5).

Mental Health Act 1959

6.  Section 8(2) (functions of welfare authorities)(6).

Health Services and Public Health Act 1968

7.  Section 45 (promotion, by local authorities of the welfare of old people)(7).

Chronically Sick and Disabled Persons Act 1970

8.  Section 1 (information as to need for and existence of welfare services)(8).

9.  Section 2 (provision of welfare services)(9).

Mental Health Act 1983

10.  Section 117 (after-care)(10).

Disabled Persons (Services, Consultation and Representation) Act 1986

11.  Section 4 (services under s.2 of the Chronically Sick and Disabled Persons Act 1970; duty to consider needs of disabled persons)(11).

12.  Section 8 (duty of local authority to take into account abilities of carer).

National Health Service and Community Care Act 1990

13.  Section 47 (assessment of needs for community care services)(12).

Carers (Recognition and Services) Act 1995

14.  Section 1 (assessment of ability of carers to provide care: England and Wales(13).

Carers and Disabled Children Act 2000

15.  Section 1 (right of carers to assessment)(14).

16.  Section 2 (services for carers).

17.  Section 4 (assessments and services for both carer and person cared for).

18.  Section 6A (duty to inform carers of right to assessment)(15).

Community Care (Delayed Discharges etc.) Act 2003

19.  Section 4 (duties of responsible authority following notice under section 2)(16).

Carers (Equal Opportunities) Act 2004

20.  Section 3 (co-operation between authorities)(17).

The National Health Service Act 2006

21.  Section 254 (local social services authorities) and Schedule 20 (further provision about local social services authorities)(18).

The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009(19)

22.  Regulation 7 (direct payments under section 57(1) of the Health and Social Care Act 2001 or section 17A(1) of the Children Act 1989).

23.  Regulation 8 (direct payments under section 57(1A) of the Health and Social Care Act 2001).

24.  Regulation 9 (amount and payment under section 57(1) of the Health and Social Care Act 2001 or section 17A(1) of the Children Act 1989)(20).

25.  Regulation 10 (amount and payment under section 57(1A) of the Health and Social Care Act 2001)(21).

26.  Regulation 11 (conditions in respect of direct payments under section 57(1) of the Health and Social Care Act 2001 or section 17A of the Children Act 1989).

27.  Regulation 12 (conditions in respect of direct payments under section 57(1A) of the Health and Social Care Act 2001).

28.  Regulation 17 (termination of direct payments under section 57(1) of the Health and Social Care Act 2001 or section 17A of the Children Act 1989).

29.  Regulation 18 (termination of direct payments under section 57(1A) of the Health and Social Care Act 2001).

(1)

1948 c.29. Section 21 has been amended by the Local Government Act 1972 (c.70), sections 195 and 272, Schedule 23, paragraph 2 and Schedule 30; the National Health Service (Reorganisation) Act 1973 (c.32), Schedule 5; the Housing (Homeless Persons) Act 1977 (c.48), Schedule; the Children Act 1989 (c.41), Schedule 13, paragraph 11; the National Health Service and Community Care Act 1990 (c.19), section 42 (1), 66 and Schedule 9, paragraph 5 and Schedule 10; The Community Care (Residential Accommodation) Act 1998 (c.19), section 1;the Immigration and Asylum Act 1999 (c.33), section 116; the Health and Social Care Act 2001 (c.15), section 53; the Nationality, Immigration and Asylum Act 2002 (c.41), section 45(5); and the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 5 and 6.

(2)

1948 c.29. Section 22 has been amended by the Housing (Homeless Persons) Act 1977 (c.48), section 20 and Schedule; the Social Security Act 1980 (c.30), sections 20 and 21 and Schedule 4, paragraph 2 and Schedule 5; the Health and Social Services and Social Security Act 1983 (c.41), section 20(1); the Social Security Act 1986 (c.50), section 86 and Schedule 10, paragraph 32; the National Health Service and Community Care Act 1990 (c.19), section 44, section 66 and Schedule 10; the Community Care (Delayed Discharges etc.) Act 2003 (c.5), section 17; and is prospectively amended by the Personal Care at Home Act 2010 (c.18), section 1.

(3)

Section 24 has been amended by the National Assistance (Amendment) Act 1959 (c.30), section 1(1); the Local Government Act 1972 (c.70), section 195 and Schedule 23, paragraph 2; the Housing (Homeless Persons) Act 1977 (c.48), section 20 and Schedule; the National Health Service and Community Care Act 1990 (c.19), Schedule 9, paragraph 5; the Health and Social Care Act 2008 (c.14), section 148; and the Health Act 2009 (c.21), Schedule 1, paragraph 1; the Health and Social Care Act 2012 (c.7), section 55(2) and Schedule 5 paragraphs 2 and 3.

(4)

Section 26 has been amended by the Health Services and Public Health Act 1968 (c.46), section 44 and Schedule 4; the Local Government Act 1972 (c.70), section 195 and Schedule 23, paragraph 2; the Housing (Homeless Persons) Act 1977 (c.48), section 20 and Schedule; the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 20; the National Health Service and Community Care Act 1990 (c.19), section 42 and section 66 and Schedules 9 and 10; the Community Care (Residential Accommodation) Act 1992 (c.49), section 1; the Care Standards Act 2000 (c.14), section 116 and 117 and Schedules 4 and 6 the Community Care (Delayed Discharges etc.) Act 2003 (c.5), section 17; and by S.I. 2007/961 and 2010/813; and has been prospectively amended by the Personal Care at Home Act 2010 (c.18), section 1; Health and Social Care Act 2012 (c.7), section 55 and Schedule 5, paragraphs 2 and 4.

(5)

Section 29 has been amended by the National Assistance (Amendment) Act 1959 (c.30), section 1(2); the Mental Health (Scotland) Act 1960 (c.61), sections 113(1) and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c.49), section 95(2) and Schedule 9, Part 1; the Local Government Act 1972 (c.70), section 195 and section 272, Schedule 23, paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c.50), section 14(1) and Schedule 3, paragraph 3, the National Health Service Act 1977 (c.46), section 129 and Schedule 15, paragraph 6, the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 10, Part 1; the Children Act 1989 (c.41), section 108 and Schedule 13, paragraph 11(2) and Schedule 14, paragraph 1; the National Health Service and Community Care Act 1990 (c.19), section 44(7); the Registered Homes (Amendment) Act 1991 (c.20), section 2(5), the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 5 and 8; and the Health and Social Care Act 2008 (c.14), section 147(2).

(6)

1959 c.72. Section 8(2) has been amended by the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 22 and 23; and is prospectively amended by the National Health Services and Community Care Act 1990 (c.19), Schedule 10.

(7)

1968 c.46. Section 45 has been amended by the Social Work (Scotland) Act 1968 (c.49), sections 14, 95(2)Schedule 9, Part 1; the Local Authority Social Services Act 1970 (c.42), section 14(2) and Schedule 3; the Local Government Act 1972 (c.70), Schedule 23, paragraph 15; the Statute Law (Repeals) Act 1978 (c.45); the Residential Homes Act 1980 (c.7), Schedule 2; the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 30 and Schedule 10, Part 1; the National Health Service and Community Care Act 1990 (c.19), section 42(7) and 66(2), Schedule 10; the Local Government (Wales) Act 1994 (c.19), section 22(4) and Schedule 10, paragraph 5(1); the Immigration and Asylum Act 1999 (c.33), section 117(1); and the National Health Service (Consequential Provisions) Act 2006 (c.43), section 2 and Schedule 1, paragraphs 33 and 34; and by S.I. 1968/1699; and is prospectively amended by the Nationality, Immigration and Asylum Act 2002 (c.41), section 45(6).

(8)

1970 c.44. Section 1 has been amended by the Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33), section 9.

(9)

Section 2 has been amended by the Local Authority Social Services Act 1970 (c.42), Schedule 2, paragraph 12; the Local Government Act 1972 (c.70), section 272(1) and Schedule 30; the National Health Service and Community Care Act 1990 (c.19), Schedule 9, paragraph 12 and Schedule 10; and the Health and Social Care Act 2008 (c.14), section 148(3).

(10)

1983 c.20. Section 117 has been amended by the Health Authorities Act 1995 (c.17), section 2(1) and Schedule 1 paragraph 107; the Crime (Sentences) Act 1997 (c.43), section 55 and Schedule 4, paragraph 12(17); the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 2(5) and Schedule 2, Part 2, paragraphs 42 and 47; the Mental Health Act 2007 (c.12), sections 32(4) and 55, Schedule 3, paragraphs 1 and 24 and Schedule 11, Part 5; and the Health Act 2009 (c.21), section 13 and Schedule 1, paragraph 3; and by S.I. 2007/961; Mental Health (Patients in the Community) Act 1995, section 1(2) and Schedule 1, paragraph 15; Health and Social Care Act 2012 (c.7), section 40.

(11)

1986 c.33.

(12)

1990 c.19. Section 47 has been amended by the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 81; the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 2(5) and Schedule 2, paragraphs 53 and 56; and the National Health Service (Consequential Provisions) Act 2006 (c.17), Schedule 1, paragraphs 128 and 130; Health and Social Care Act 2012 (c.7), section 55, Schedule 5, paragraphs 58, 59.

(13)

1995 c.12. Section 1 has been amended by the Carers and Disabled Children Act 2000 (c.16), section 4(1) and the Carers (Equal Opportunities) Act 2001 (c.15), sections 1(1) and 2(1).

(14)

2000 c.16. Section 1 has been amended by the Carers (Equal Opportunities) Act 2004 (c.15), section 2(2).

(15)

Section 6A was inserted by the Carers (Equal Opportunities) Act 2004 (c.15), section 1(2).

(16)

2003 c.5.

(17)

2004 c.15. Section 3 has been amended by S.I. 2010/1158; Health and Social Care Act 2012 (c.7), section 55(2), Schedule 5, paragraph 125.

(18)

2006 c.41. Section 254 has been amended by S.I. 2010/1158.

(19)

S.I. 2009/1887.

(20)

Relevant amending instrument is S.I. 2010/2246.

(21)

Relevant amending instrument is S.I. 2010/2246.