Local Authority Social Services Act 1970

Legislation Crest

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)

C1Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1Act 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 [F1the councils of non-metropolitan counties and metropolitan districts in England, the councils of London boroughs] and the Common Council of the City of London F2....

Textual Amendments

Modifications etc. (not altering text)

[F31A 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

F3S. 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

F4S. 2 repealed (1.4.2005 for E. and 1.4. 2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I.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)

[F53 Business of Social Services Committee.E+W

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F6S. 3 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I.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)

[F73A Power of local authority to refer or delegate to social services committee.E+W

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F8S. 3A repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/ 394, {art. 2(2)(f)(g)}; S.I.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)

F94Joint committees and sub-committees.E+W

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

Textual Amendments

F9S. 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)

F105Membership of committees and sub-committees.E+W

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

Textual Amendments

F10S. 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 F12... 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.]

F13(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F14adult social services F15...], concur in the appointment of a person as director of [F14adult social services F15...]for both or all of those authorities.

F16(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A local authority which have appointed, or concurred in the appointment of, [F18a person under this section], shall secure the provision of adequate staff for assisting him in the exercise of his functions.

F19(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11S. 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

F14Words 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

F17S. 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)

F18Words 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

F19Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

F20S. 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)

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.

[F21(1A)Section 78 of the Care Act 2014 applies instead of this section in relation to functions given by Part 1 of that Act or by regulations under that Part.]

F22(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Ss. 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)

C6S. 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)}

[F237A 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

Modifications etc. (not altering text)

C8S. 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)

F24 7B Complaints procedureE+W

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

Textual Amendments

7CInquiriesE+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 M1Local 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

Marginal Citations

7DDefault 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 M21989 [F25section 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

Marginal Citations

7EGrants 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

F268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F26Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

9Protection 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 M3Local 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

F2710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

F2811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

12Isles 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.

13Orders and regulations.E+W

(1)Orders . . . F29of 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 [F301A] or 14(3) of this Act . . . F29, a draft of the instrument shall be laid before Parliament, and an instrument containing an order under the said section [F301A] 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.

F31(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Words 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

14Minor 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.

F32(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1The 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

F32S. 14(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

15Citation, 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 [F331A] . . . F34of 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)F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)This Act, . . . F37, shall not extend to Scotland.

(7)This Act, except . . . F37this subsection, shall not extend to Northern Ireland; . . . F38

Textual Amendments

F33Words 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)

F35S. 15(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

F36S. 15(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

SCHEDULES

Section 2.

F39 SCHEDULE 1E+W[F40SOCIAL SERVICES FUNCTIONS]

Subordinate Legislation Made

P1Sch. 1: power to amend conferred (15.1.2004) by Children Act 2004 (c. 31), ss. 45(14)(b), 46, 47

Textual Amendments

F39Words 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)

F40Sch. 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)

Modifications etc. (not altering text)

EnactmentNature of functions
Children and Young Persons Act 1933 (c. 12)
Part IIIProtection 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 IVRemand homes, approved schools and children in care of fit persons.
F41 . . .
F41 . . . F41 . . .
National Assistance Act 1948 (c. 29)
F42. . .F42. . .
F42. . .F42. . .
F43. . .F43. . .
F42. . .F42. . .
F42. . .F42. . .
Section 49Defraying expenses of local authority officer applying for appointment as [F44deputy] for certain patients.
F45 . . . F45 . . .
Section 56(3) except so far as it relates to an offence under section 47(11).Prosecution of offences.
F46 . . . F46 . . .
F47 . . . F47 . . .
F48. . .F48. . .
Disabled Persons (Employment) Act 1958 (c. 33)
Section 3Provision of facilities for enabling disabled persons to be employed or work under special conditions.
F49 . . . F49 . . .
F50 . . . F50 . . .
Mental Health Act 1959 (c. 72) [F51section 8]. . . .[F52Welfare and accommodation of mentally disordered persons]
F53 . . .
F54 . . .
F54 . . .
[F55Mental Health (Scotland) Act 1984]
Section 10Welfare of certain persons while in hospital in Scotland.
Health Visiting and Social Work (Training) Act 1962 (c. 33)
Section 5(1)(b)F56....Research into matters relating to local authority welfare services.
Children and Young Persons Act 1963 (c. 37)
Part IF57F57 . . . powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . .
F58 . . . F58 . . .
F59 . . . F59 . . .
F60 . . .
F60 . . . F60 . . .
Health Services and Public Health Act 1968 (c. 46)
F61 . . . F61 . . .
F61 . . . F61 . . .
F62. . .F62. . .
F63. . .
F63. . .F63. . .
F64. . .
F64. . . F64. . .
Children and Young Persons Act 1969 (c. 54)
F65F65F65 The whole Act ..........F66F67Care and other treatment of children and young persons through court proceedings; . . . . . .
Chronically Sick and Disabled Persons Act 1970 (c. 44)
Section 1Obtaining information as to need for, and publishing information as to existence of, certain welfare services[F68; providing information about certain welfare services].
Section 2Provision of certain welfare services.
[F69Section 2AWelfare services: transition for children to adult care and support in England.]
Section 18Provision of certain information required by Secretary of State.
[F70Sections 6 and 7B of this Act] [F70 Appointment of [F71 director of adult social services or ] director of social services, etc ; provision and conduct of complaints procedure. ]
[F72 . . .][F72 . . .]
F73. . .
F74 . . . F74 . . .
F73. . .F73. . .
[F75Adoption Act 1976Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002.]
F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77. . .F77. . .
F78 . . . F78 . . .
F79. . .F79. . .
F80. . .F80. . .
F81. . .F81. . .
F82. . .F82. . .
F83. . .F83. . .
F84. . .F84. . .
[F85Mental Health Act 1983 (c. 20)]
[F85 Parts II, III and VI][F85Welfare 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.]
[F85Sections 66, 67, 69(1)][F85Exercise of functions of nearest relative in relation to applications and references to [F86the First-tier Tribunal or the Mental Health Review Tribunal for Wales] .]
[F85Section 114][F85Appointment of [F87approved mental health professionals] .]
[F85Section 115][F85Entry and inspection.]
[F85Section 116][F85Welfare of certain hospital patients.]
[F85Section 117][F85After-care of detained patients.]
[F88Section 117AFunctions under regulations about provision of preferred accommodation under section 117.]
[F85Section 130][F85Prosecutions.]
[F89Section 130AMaking arrangements to enable independent mental health advocates to be available to help qualifying patients]
F90. . .F90. . .
[F91Public Health (Control of Disease) Act 1984 (c. 22)]
[F91Section 46(2) and (5)][F91Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.]
F92. . . F92. . .
[F93Housing Act 1996 Section 213(1)(b)Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F94Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)]
[F95Sections [F961, 2 and 4], 5(5), [F97and 7]].[F94Representation and assessment of disabled persons.]
[F98Housing (Scotland) Act 1987 (c. 26) section 38(b)][F98Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F99Children Act 1989,The whole Act[F100except 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.][F99Welfare reports.]
[F99Consent to application for [F101child arrangements ] order in respect of child in care.]
[F102Functions relating to special guardianship orders]
[F99Family assistance orders.]
[F99Functions under Part III of the Act (local authority support for children and families).]
[F99Care and supervision.]
[F99Protection of children.]
[F99Functions in relation to community homes, voluntary homes and voluntary organisations, [F103private] children’s homes, private arrangements for fostering children, child minding and day care for young children.]
[F99Inspection of children’s homes on behalf of Secretary of State.]
[F99Research and returns of information.]
F104[F99Functions in relation to children accommodated [F105pursuant 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 or]by [F106Local Health Boards][F107, ...][F108National Health Service trusts] [F109and local authorities in the exercise of education functions] or in [F103care homes, independent hospitals or schools].]
[F110National Health Service and Community Care Act 1990 (c. 19)]
F111. . .F111. . .
[F110Section 47][F110Assessment of needs for community care services.]
F112. . .F112. . .
F113 [Section 166.]
[F114Carers (Recognition and Services) Act 1995 (c.12)]
[F114Section 1Assessment of ability of carers to provide care.]
[F115Education Act 1996.]
[F115Section 322....................][F115Help for [F116another local authority] in exercising functions under Part IV of the Act.]
[F117Community 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[F118 or services under the Carers and Disabled Children Act 2000].

[F119Adoption (Intercountry Aspects) Act 1999 (c.18)

[F120Sections 1 and] 2(4)

Functions under [F121regulations 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 [F122and functions under Article 9(a) to (c) of the Convention] .]
F123. . .F123. . .
[F124Health and Social Care Act 2001
Part 4 in so far as it confers functions on a local authority in F125 ... 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.]
[F126Adoption and Children Act 2002Maintenance of Adoption Service; functions of local authority as adoption agency.]
[F127 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.]
F128. . .
F128. . .F128. . .

[F129Children Act 2004

Sections[F1309A,] [F131and 13 to 16]

Functions relating to[F132targets for safeguarding and promoting the welfare of children, and to] Local Safeguarding Children Boards.]
[F133Mental Capacity Act 2005
Section 39 Instructing independent mental capacity advocate before providing accommodation for person lacking capacity
[F134Section 39AInstructing independent mental capacity advocate when giving an urgent authorisation, or making a request for a standard authorisation, under Schedule A1 to the Act.
Section 39CInstructing independent mental capacity advocate when no representative for relevant person under Part 10 of Schedule A1 to the Act.
Section 39DInstructing independent mental capacity advocate when representative for relevant person under Part 10 of Schedule A1 to the Act is not being paid.]
Section 49Reports in proceedings]
[F134Schedule A1Any functions.]
F135. . .
F135. . .F135. . .
[F136Children 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.]
F137. . .
F137. . .F137. . .
F138. . .F138. . .
F139. . .F139. . .
[F140Legal Aid, Sentencing and Punishment of Offenders Act 2012
Section 92Functions in relation to a child remanded to local authority accommodation.]

[F141Care 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.]

Textual Amendments

F41Entry 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

F43Sch. 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.

F44Sch. 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

F48Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII

F51Words 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)

F64Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F70Entry 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)

F71Sch. 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)

F75Entry in Sch. 1 inserted (11.7.2006) by Childcare Act 2006 (c. 21), s. 103(1), Sch. 2 para. 1

F86Sch. 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)}

F87Sch. 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

F92Sch. 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)

F93Sch. 1: entry substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 1; S.I. 1996/2959, art. 2

F94Sch. 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)

F99Words 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)

F101Words 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)

F103Sch. 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)

F106Sch. 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

F110Words 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.

F112Sch. 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)

F113Sch. 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

F114Sch. 1: entries inserted (1.4.1996) by 1995 c. 12, ss. 1(7), 5(2)

F115Sch. 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)

F117Sch. 1: entry added (1.4.1997) by 1996 c. 30, s. 3(3); S.I. 1997/756, art. 2

F118Sch. 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

F124Sch. 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)

F127Sch. 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)

F129Entry 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)

F136Words 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)

Section 14.

SCHEDULE 2E+W Minor and Consequential Amendments of Enactments

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

1E+WIn section 96(7) of the Children and Young Persons Act 1933 (which provides that subject to the provisions of section 39 of the M4Children 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)

C13The 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

2—4E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

Textual Amendments

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

Textual Amendments

F1446E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145

Textual Amendments

8E+WIn 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 M5Children 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)

C14The 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

9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146

Textual Amendments

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

10E+WIn 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)

C15The 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.

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

Textual Amendments

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)

C16The 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 3E+W Repeals

Modifications etc. (not altering text)

C17The 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.