Local Authority Social Services Act 1970

1970 CHAPTER 42

An Act to make further provision with respect to the organisation, management and administration of local authority social services; to amend the Health Visiting and Social Work (Training) Act 1962; and for connected purposes.

[29th May 1970]

Modifications etc. (not altering text)

C1 Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1 Act not in force at Royal Assent see s. 15(4); Act wholly in force at 26.5.1971

1 Local authorities. E+W

The local authorities for the purposes of this Act shall be the councils of [F1 non-metropolitan counties, metropolitan districts] and London boroughs and the Common Council of the City of London [F2 but, in relation to Wales, shall be the councils of counties and county boroughs].

Textual Amendments

F1 Words substituted by Local Government Act 1972 (c. 70), s. 195(1)

F2 Words in s. 1 added (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 7 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3

Modifications etc. (not altering text)

C3 S. 1 amended by Local Government Act 1972 (c. 70), s. 195(3)

[F3 1A Meaning of “social services functions”. E+W

For the purposes of this Act the social services functions of a local authority are—

(a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and

(b) such other of their functions as the Secretary of State may designate by an order made under this section.]

Textual Amendments

F3 S. 1A inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 102(3), 108(4)-(7); S.I. 2000/2849, art. 2(a)

2 Local authority to establish social services committee. E+W

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 2 repealed (1.4.2005 for E. and 1.4. 2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I. 2006/885, art. 2(2)(f)(h)

Modifications etc. (not altering text)

C4 S. 2 saved by Local Government Act 1972 (c. 70), s. 101(8)(9); amended by Guardianship Act 1973 (c. 29), s. 2(8)

[F5 3 Business of Social Services Committee. E+W

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 3 substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 183(1)

F6 S. 3 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I. 2006/885, art. 2(2)(f)(h)

[F7 3A Power of local authority to refer or delegate to social services committee. E+W

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 3A inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 183(2)

F8 S. 3A repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/ 394, {art. 2(2)(f)(g)}; S.I. 2006/885, art. 2(2)(f)(h)

F9 4 Joint committees and sub-committees. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 4 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I. 2006/885, art. 2(2)(f)(h)

F10 5 Membership of committees and sub-committees. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S. 5 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I. 2006/885, art. 2(2)(f)(h)

6 The director of social services. E+W

[F11 (A1) A local authority in England shall appoint an officer, to be known as the director of adult social services, for the purposes of their social services functions, other than those for which the authority’s director of children’s services is responsible under section 18 of the Children Act 2004.]

(1) A local authority [F12 in Wales]shall appoint an officer, to be known as the director of social services, for the purposes of their social services functions.

(2) Two or more local authorities may, if they consider that the same person can efficiently discharge, for both or all of them, the functions of director of [F13 adult social services or (as the case may be)] social services, concur in the appointment of a person as director of [F13 adult social services or (as the case may be)] social services for both or all of those authorities.

F14 (3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A local authority which have appointed, or concurred in the appointment of, [F16 a person under this section], shall secure the provision of adequate staff for assisting him in the exercise of his functions.

F17 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 6(A1) inserted (1.1.2008 with effect in accordance with s. 18(9)(10) of the amending Act) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 2(2)(a); S.I. 2007/1792, art. 2

F12 Words in s. 6(1) inserted (1.1.2008 with effect in accordance with s. 18(9)(10) of the amending Act) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 2(2)(b); S.I. 2007/1792, art. 2

F13 Words in s. 6(2) inserted (1.1.2008 with effect in accordance with s. 18(9)(10) of the amending Act) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 2(2)(c); S.I. 2007/1792, art. 2

F14 S. 6(3)(4) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

F15 S. 6(5) repealed (E.) (26.10.2000) (W.) and (28.7.2001) by 2000 c. 22, ss. 102(2), 107, 108(4)-(7), Sch. 6; S.I. 2000/2849, art. 2(g)(iii)

F16 Words in s. 6(6) substituted (1.1.2008 with effect in accordance with s. 18(9)(10) of the amending Act) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 2(2)(d); S.I. 2007/1792, art. 2

F17 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

F18 S. 6(8) repealed (22.7.2004) by Statute Law Repeals Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

Modifications etc. (not altering text)

C5 S. 6 saved by Local Government Act 1972 (c. 70), s. 112(3)(4)

7 Local authorities to exercise social services functions under guidance of Secretary of State. E+W

(1) Local authorities shall, in the exercise of their social services functions, including the exercise of any discretion conferred by any relevant enactment, act under the general guidance of the Secretary of State.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 ]]

Textual Amendments

F5 S. 3 substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 183(1)

F7 S. 3A inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 183(2)

F19 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C6 S. 7 applied (19.12.2001 for E. otherwise 1.3.2007) by 2001 c. 15, ss. 45(10)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/4149, art. 2; S.I. 2006/1407, art. 2, {Sch. 1Pt. 2 para. 8(a)}

C7 S. 7 applied (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 77(11)(a), 277

S. 7 applied (1.3.2007) by National Health Service (Wales) 2006 (c. 42), ss. 35(11)(a), 208 (with s. 19(3))

[F20 7A Directions by the Secretary of State as to exercise of social services functions. E+W

(1) Without prejudice to section 7 of this Act, every local authority shall exercise their social services functions in accordance with such directions as may be given to them under this section by the Secretary of State.

(2) Directions under this section—

(a) shall be given in writing; and

(b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally.

Textual Amendments

F20 Ss. 7A–7E inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 50

Modifications etc. (not altering text)

C8 S. 7A applied (19.12.2001 for E. otherwise 1.3.2007) by 2001 c. 15, ss. 45(10)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/4149, art. 2; S.I. 2006/1407, art. 2, Sch. 1 Pt. 2 para. 8(a)

C9 S. 7A applied (1.3.2006) by National Health Service Act 2006 (c. 41), ss. 77(11)(b), 277

S. 7A applied (1.3.2006) by National Health Service (Wales) Act 2006 (c. 42), ss. 35(11)(b), 208 (with s. 19(3))

F21 7B Complaints procedure E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 S. 7B repealed (1.9.2006 for E. and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199(1), {Sch.14 Pt. 2 }; S.I. 2006/1680, art. 3(d)

7C Inquiries E+W

(1) The Secretary of State may cause an inquiry to be held in any case where, whether on representations made to him or otherwise, he considers it advisable to do so in connection with the exercise by any local authority of any of their social services functions (except in so far as those functions relate to persons under the age of eighteen).

(2) Subsections (2) to (5) of section 250 of the M1 Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to an inquiry under that section.

Textual Amendments

F20 Ss. 7A–7E inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 50

Marginal Citations

M1 1972 c.70 (81:1).

7D Default powers of Secretary of State as respects social services functions of local authorities. E+W

(1) If the Secretary of State is satisfied that any local authority have failed, without reasonable excuse to comply with any of their duties which are social services functions (other than a duty imposed by or under the Children Act M2 1989 [F22 section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002]), he may make an order declaring that authority to be in default with respect to the duty in question.

(2) An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with within such period as may be specified in the order as appear to the Secretary of State to be necessary.

(3) Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.

Textual Amendments

F20 Ss. 7A–7E inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 50

F22 Words in s. 7D inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 13 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 3(l); S.I. 2005/3112, art. 2(g)

Marginal Citations

M2 1989 c.41 (20).

7E Grants to local authorities in respect of social services for the mentally ill. E+W

The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities incurred in connection with the exercise of their social services functions in relation to persons suffering from mental illness.]

Textual Amendments

F20 Ss. 7A–7E inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 50

F23 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F23 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

9 Protection of interests, etc. of local authority staffs. E+W

(1) The Secretary of State shall by order make provision for the protection of the interests of any existing staff affected by the provisions of section 2 or 6 of this Act, and that order may contain provisions applying, amending or repealing any provision made by or under any enactment and relating to the conditions of service of, or the payment of superannuation or other benefits to or in respect of, existing staff.

(2) Regulations under section 60(2) of the M3 Local Government Act 1958 (provision to be made by regulations for the payment of compensation in certain cases) may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to the provisions of section 2 or 6 of this Act.

(3) Regulations made by virtue of subsection (2) above may be so framed as to have effect from a date earlier than that on which they are made, so however that so much of any regulations as provides that any provision thereof is to have effect from a date earlier than that on which they are made shall not place any person (other than the person required by the regulations to pay compensation) in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made.

(4) In this section “existing staff” means—

(a) persons who both immediately before and immediately after the coming into force in the area of a local authority of section 2 or 6 of this Act are employed by the authority in connection with the discharge by the authority of any function which immediately after the coming into force in that area of the said section 2 or 6, as the case may be, is a social services function of the authority; and

(b) persons who both immediately before and immediately after the coming into force in the area of a local authority of—

(i) an order under section 2(2) of this Act, or

(ii) a direction under section 2(4) thereof, not being a direction which comes into force in that area on the same date as that on which that section comes into force therein,

are employed by the authority in connection with the discharge by the authority of any function to which the order or direction, as the case may be, relates.

Marginal Citations

M3 1958 c. 55.

F24 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

F25 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 S. 11 repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I

12 Isles of Scilly. E+W

(1) The Secretary of State may by order direct that this Act shall have effect as if the Council of the Isles of Scilly were a local authority for the purposes of this Act.

(2) In its application to the Isles of Scilly by virtue of an order made under this section, this Act shall have effect with such modifications as may be specified in the order.

13 Orders and regulations. E+W

(1) Orders . . . F26 of the Secretary of State under this Act shall be made by statutory instrument.

(2) Any order made under any provision of this Act, except an order under section 14(3), may be varied or revoked by a subsequent order so made.

(3) In the case of a statutory instrument containing an order under section [F27 1A] or 14(3) of this Act . . . F26 , a draft of the instrument shall be laid before Parliament, and an instrument containing an order under the said section [F27 1A] shall not be made unless the draft has been approved by a resolution of each House of Parliament.

(4) A statutory instrument containing an order under section 9(1) or 12 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Any order . . . F26 under this Act may be made so as to apply to England only or to Wales only.

For the purposes of this subsection, Monmouthshire shall be deemed to be part of Wales and not of England.

Textual Amendments

F26 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

F27 Words in s. 13(3) substituted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 107, 108(4)-(7), Sch. 5 para. 5; S.I. 2000/2849, art. 2

14 Minor and consequential amendments, repeals and saving for certain schemes. E+W

(1) The enactments specified in Schedule to this Act shall have effect subject to the ammendments specified in relation thereto in that Schedule, being minor ammendments and ammendments consequential on the provisions of this Act.

X1 (2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

(3) The Secretary of State may by order repeal or amend any provision in any local Act, including an Act confirming a provisional order, or in an instrument in the nature of a local enactment under any Act, where it appears to him that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.

F28 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 The text of ss. 2(7), 6(8), 14(1)(2), Sch. 2 paras. 1, 6, 8, 10, 12(1)(2), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F28 S. 14(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

15 Citation, interpretation, commencement and extent. E+W+N.I.

(1) This Act may be cited as the Local Authority Social Services Act 1970.

(2) In this Act “functions” includes powers and duties and “social services functions” has the meaning given by section [F29 1A] . . . F30 of this Act. Any reference in this Act to an enactment shall be construed as including a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(3) Any reference in this Act to an enactment shall be construed as including a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(4) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This Act, . . . F33 , shall not extend to Scotland.

(7) This Act, except . . . F33 this subsection, shall not extend to Northern Ireland; . . . F34

Textual Amendments

F29 Words in s. 15(2) substituted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 107, 108(4)-(7), Sch. 5 para. 6; S.I. 2000/2849, art. 2(a)

F30 Word “(3)” repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

F31 S. 15(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

F32 S. 15(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

F33 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I

F34 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

SCHEDULES

Section 2.

SCHEDULE 1 E+W [F35 SOCIAL SERVICES FUNCTIONS]

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

Textual Amendments

F35 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)

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.
. . . F36
. . . F36	. . . F36
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.
. . .F37	. . .F37
[F38 Section ] 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 [F39 deputy] for certain patients.
. . . F40	. . . F40
Section 56(3) except so far as it relates to an offence under section 47(11).	Prosecution of offences.
. . . F41	. . . F41
. . . F42	. . . F42
F43 . . .	F43 . . .
Disabled Persons (Employment) Act 1958 (c. 33)
Section 3	Provision of facilities for enabling disabled persons to be employed or work under special conditions.
. . . F44	. . . F44
. . . F45	. . . F45
Mental Health Act 1959 (c. 72) [F46 section 8]. . . .	[F47 Welfare and accommodation of mentally disordered persons]
. . . F48
. . . F49
. . . F49
[F50 Mental 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	. . . F51 powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . F51 .
. . . F52	. . . F52
. . . F53	. . . F53
. . . F54
. . . F54	. . . F54
Health Services and Public Health Act 1968 (c. 46)
. . . F55	. . . F55
. . . F55	. . . F55
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.
F56 . . .
F56 . . .	F56 . . .
Children and Young Persons Act 1969 (c. 54)
The whole Act except [F57 section 9]in so far as they assign functions to a local authority in their capacity of a local education authority.	Care and other treatment of children and young persons through court proceedings; . . . F58 F59 . . .
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.
[F60 Sections 6 and 7B of this Act]	[F60 Appointment of [F61 director of adult social services or ] director of social services, etc ; provision and conduct of complaints procedure. ]
[F62 . . .]	[F62 . . .]
[F63 Children Act 1975 (c.72)]
. . . F64	. . . F64
[F63 Part II]	[F63 Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.]
[F65 Adoption 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.]
F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F67 Supplementary Benefits Act 1976, Schedule 5]	[F67 Provision and maintenance of [F68 resettlement units]for persons without a settled way of living.]
. . . F69	. . . F69
[F70 National Health Service Act 1977, Schedule 8]	[F70 Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.]
[F71 . . .]	[F71 . . .]
[F72 . . .]	[F72 . . .]
[F73 . . .]	[F73 . . .]
. . . F74	. . . F74
. . . F75	. . . F75
[F76 Mental Health Act 1983 (c. 20)]
[F76 Parts II, III and VI]	[F76 Welfare 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.]
[F76 Sections 66, 67, 69(1)]	[F76 Exercise of functions of nearest relative in relation to applications and references to [F77 the First-tier Tribunal or the Mental Health Review Tribunal for Wales] .]
[F76 Section 114]	[F76 Appointment of [F78 approved mental health professionals] .]
[F76 Section 115]	[F76 Entry and inspection.]
[F76 Section 116]	[F76 Welfare of certain hospital patients.]
[F76 Section 117]	[F76 After-care of detained patients.]
[F76 Section 130]	[F76 Prosecutions.]
[F79 Health 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)]	[F79 Charges for local authority welfare services]
[F80 Public Health (Control of Disease) Act 1984 (c. 22)]
[F80 Section 46(2) and (5)]	[F80 Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.]
F81 . . .	F81 . . .
[F82 Housing Act 1996 Section 213(1)(b)	Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F83 Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)]
[F83 Sections 1 to 5, 7 and 8 except in so far as they assign functions to a local authority in their capacity as a local education authority.]	[F83 Representation and assessment of disabled persons.]
[F84 Housing (Scotland) Act 1987 (c. 26) section 38(b)]	[F84 Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F85 Children Act 1989,The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.]	[F85 Welfare reports.]
	[F85 Consent to application for residence order in respect of child in care.]
	[F86 Functions relating to special guardianship orders]
	[F85 Family assistance orders.]
	[F85 Functions under Part III of the Act (local authority support for children and families).]
	[F85 Care and supervision.]
	[F85 Protection of children.]
	[F85 Functions in relation to community homes, voluntary homes and voluntary organisations, [F87 private] children’s homes, private arrangements for fostering children, child minding and day care for young children.]
	[F85 Inspection of children’s homes on behalf of Secretary of State.]
	[F85 Research and returns of information.]
	[F85 Functions in relation to children accommodated by [F88 Local Health Boards][F89 , Primary Care Trusts,][F90 National Health Service trusts] and local education authorities or in [F87 care homes, independent hospitals or schools].]
[F91 National Health Service and Community Care Act 1990 (c. 19)]
[F91 Section 46 ]	[F91 Preparation of plans for community care services.]
[F91 Section 47]	[F91 Assessment of needs for community care services.]
F92 . . .	F92 . . .
[F93 Section 166.]
[F94 Carers (Recognition and Services) Act 1995 (c.12)]
[F94 Section 1	Assessment of ability of carers to provide care.]
[F95 Education Act 1996.]
[F95 Section 322....................]	[F95 Help for local education authority in exercising functions under Part IV of the Act.]
[F96 Community 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 services[F97 or services under the Carers and Disabled Children Act 2000].
[F98 Adoption (Intercountry Aspects) Act 1999 (c.18) [F99 Sections 1 and] 2(4)	Functions under [F100 regulations 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 [F101 and functions under Article 9(a) to (c) of the Convention] .]
[F102 Carers 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.]	[F102 Assessment of carers’ needs. Provision of services to carers. Provision of vouchers.]
[F103 Health 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.]
[F104 Adoption and Children Act 2002	Maintenance of Adoption Service; functions of local authority as adoption agency.]
[F105 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.]
[F106 Carers (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]
[F107 Children Act 2004 Sections 13 to 16 and 31 to 34	Functions relating to Local Safeguarding Children Boards.]
[F108 Mental Capacity Act 2005
Section 39	Instructing independent mental capacity advocate before providing accommodation for person lacking capacity
[F109 Section 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]
[F109 Schedule A1	Any functions.]
[F110 Children 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.]

Textual Amendments

F36 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

F37 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.

F38 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)

F39 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

F40 Words repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F41 Entry repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

F42 Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F43 Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII

F44 Entry repealed by Foster Children Act 1980 (c. 6), s. 23(3), Sch. 3

F45 Entry repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Schs. 2, 4

F46 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)

F47 Entry substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(a)

F48 Words repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch. and National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F49 Entry repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), Sch. 2 para. 27, Sch. 3 (subject to savings in Sch. 1)

F50 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 3 para. 18

F51 Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F52 Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F53 Words repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 11, Sch. 3

F54 Entry repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2)(3), Sch. 7 para. 18, Sch. 8 Pt. I

F55 Words repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16

F56 Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F57 Words in Schedule 1 in entry relating to the Children and Young Persons Act 1969 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 26(1)(b); S.I. 1991/828, art. 3(2)

F58 Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F59 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)

F60 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)

F61 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)

F62 Entry in Sch. 1 which was added by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 11 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F63 Entries added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 108(1)(a), Sch. 3 para. 74(b)

F64 Paragraph relating to Pt. I of Children Act 1975 (c. 72, SIF 49: 9, 10) repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2) Schs. 2, 4

F65 Entry in Sch. 1 inserted (11.7.2006) by Childcare Act 2006 (c. 21), s. 103(1), Sch. 2 para. 1

F66 Entry in Sch. 1 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139(2)(3), 148, Sch. 3 para. 14(a), Sch. 5 (with Sch. 4 para. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)

F67 Entry added by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), Sch. 7 para. 18

F68 Words substituted by Social Security Act 1980 (c. 39, SIF 113:1), Sch. 4 para. 6

F69 Entry added by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(2) and repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61),s. 3, Sch. 1 Pt. I

F70 Entry added by virtue of a substitution by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 51

F71 Entry in Sch. 1 added by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49: 3), Sch. 2 para. 27 (subject to savings 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)

F72 Entry in Sch. 1 added by Child Care Act 1980 (c. 5, SIF 20), Sch. 5 para. 29 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F73 Entry in Sch. 1 added by Foster Children Act 1980 (c. 6, SIF 20), Sch. 2 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F74 Entry added by Residential Homes Act 1980 (c. 7), Sch. 1 para. 4, and fell by virtue of the repeal of that 1980 Act by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30(1), Sch. 10 Pt. I

F75 Entry added by Mental Health Amendment Act 1982 (c. 51, SIF 20), Sch. 3 para. 45 and repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(c), Sch. 6

F76 Entry inserted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(b)

F77 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)}

F78 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

F79 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

F80 Words inserted by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 2 para. 6

F81 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)

F82 Sch. 1: entry substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 1; S.I. 1996/2959, art. 2

F83 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)

F84 Words inserted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 339(2), Sch. 23 para. 16

F85 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)

F86 Words in Sch. 1 inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 14(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F87 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)

F88 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

F89 Words in Sch. 1 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 para. 6

F90 Words inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 11(a); S.I. 1992/2975, art. 2(2), Sch.

F91 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.

F92 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)

F93 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

F94 Sch. 1: entries inserted (1.4.1996) by 1995 c. 12, ss. 1(7), 5(2)

F95 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)

F96 Sch. 1: entry added (1.4.1997) by 1996 c. 30, s. 3(3); S.I. 1997/756, art. 2

F97 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

F98 Entry in Sch. 1 inserted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 15(1), 18(3), Sch. 2 para. 1; S.I. 2003/189, art. 2(2)(h)

F99 Words in Sch. 1 substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 14(c)(i) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F100 Words in Sch. 1 substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 14(c)(ii) (with Sch. 4 paras. 6-8) ; S.I. 2005/2213, art. 2(o)

F101 Words in Sch. 1 inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 14(c)(ii) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F102 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

F103 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)

F104 Sch. 1: entry inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 14(c)(ii) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F105 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)

F106 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

F107 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)

F108 Sch. 1: entry inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1), Sch. 6 para. 16(3); S.I. 2007/1897, art. 2

F109 Words in Sch. 1 inserted (1.4.2009) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 9 para. 13 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(e)

F110 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)

Modifications etc. (not altering text)

C10 Sch. 1: entry excluded (9.7.2003) by The Community Care Plans (Disapplication) (England) Order 2003 (S.I. 2003/1716), art. 2(b)

Section 14.

SCHEDULE 2 E+W Minor and Consequential Amendments of Enactments

The Children and Young Persons Act 1933 (c. 12) E+W

1 E+W In section 96(7) of the Children and Young Persons Act 1933 (which provides that subject to the provisions of section 39 of the M4 Children Act 1948 a local authority may refer certain matters to committees) for the words from “section thirty-nine” to “that committee)” there shall be substituted the words “sections 2 and 3 of the Local Authority Social Services Act 1970 (which require certain matters to be referred to the social services committee and restrict the reference of other matters to that committee).”

Modifications etc. (not altering text)

C11 The text of ss. 2(7), 6(8), 14(1)(2), Sch. 2 paras. 1, 6, 8, 10, 12(1)(2), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1948 c. 43.

2—4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

Textual Amendments

F111 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

Textual Amendments

F112 Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F113 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113 Sch. 2 para. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII

7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114

Textual Amendments

F114 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

8 E+W In section 60(2) of the said Act of 1958 (provision to be made by regulations for the payment of compensation in certain cases) after the words “section 46 of the M5 Children and Young Persons Act 1969” there shall be inserted the words “or of section 2 or 6 of the Local Authority Social Services Act 1970”.

Modifications etc. (not altering text)

C12 The text of ss. 2(7), 6(8), 14(1)(2), Sch. 2 paras. 1, 6, 8, 10, 12(1)(2), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M5 1969 c. 54.

9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

Textual Amendments

F115 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

The Children and Young Persons Act 1963 (c. 37) E+W

10 E+W In section 56(2) of the Children and Young Persons Act 1963 (prosecution of certain Offences) for the words “subsection (2) of section 39 of the Children Act 1948” there shall be substituted the words “subsection (1) of section 3 of the Local Authority Social Services Act 1970” and for the words “those sections” there shall be substituted the words “the said section 85 and section 2 of the said Act of 1970”.

Modifications etc. (not altering text)

C13 The text of ss. 2(7), 6(8), 14(1)(2), Sch. 2 paras. 1, 6, 8, 10, 12(1)(2), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

Textual Amendments

F116 Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

The Chronically Sick and Disabled Persons Act 1970 (c. 44) E+W

12 (1) In section 2(1) of the Chronically Sick and Disabled Persons Act 1970 (which imposes a duty on local authorities to make arrangements for certain matters in exercise of their functions under section 29 of the National Assistance Act 1948) the words “under the general guidance of the Secretary of State and” shall be omitted, and after the words “the purpose)” there shall be inserted the words “and to the provisions of section 7(1) of the Local Authority Social Services Act 1970 (which requires local authorities in the exercise of certain functions, including functions under the said section 29, to act under the general guidance of the Secretary of State)”. E+W

(2) In section 2(2) of the said Act of 1970 (which makes provision in connection with the carrying into effect of the said arrangements) after the words “section 35(2)” there shall be inserted the words “and to the said section 7(1)”.

Modifications etc. (not altering text)

C14 The text of ss. 2(7), 6(8), 14(1)(2), Sch. 2 paras. 1, 6, 8, 10, 12(1)(2), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 14.

SCHEDULE 3 E+W Repeals

Modifications etc. (not altering text)

C15 The text of ss. 2(7), 6(8), 14(1)(2), Sch. 2 paras. 1, 6, 8, 10, 12(1)(2), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.