Local Authority Social Services Act 1970

SCHEDULES

Section 2.

SCHEDULE 1 E+W Enactments Conferring Functions Assigned to Social Services Committee

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.
. . . F1
. . . F1	. . . F1
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.
. . .F2	. . .F2
Sections 43 to 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 receiver for certain patients.
. . . F3	. . . F3
Section 56(3) except so far as it relates to an offence under section 47(11).	Prosecution of offences.
. . . F4	. . . F4
. . . F5	. . . F5
F6 . . .	F6 . . .
Disabled Persons (Employment) Act 1958 (c. 33)
Section 3	Provision of facilities for enabling disabled persons to be employed or work under special conditions.
. . . F7	. . . F7
. . . F8	. . . F8
Mental Health Act 1959 (c. 72) [F9 section 8][F10 and the [F11 Registered Homes Act 1984]so far as its provisions relate to mental nursing homes.]	[F12 Welfare and accommodation of mentally disordered persons]
. . . F13
. . . F14
. . . F14
[F15 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	. . . F16 powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . F16 .
. . . F17	. . . F17
. . . F18	. . . F18
. . . F19
. . . F19	. . . F19
Health Services and Public Health Act 1968 (c. 46)
. . . F20	. . . F20
. . . F20	. . . F20
Section 45	Promotion of welfare of old people.
Social Work (Scotland) Act 1968 (c. 49)
Sections 75(2) and 76(4)	Reference for consideration, etc. of case of child in care whose parent moves to Scotland and transfer of child.
Family Law Reform Act 1969 (c. 46)
Section 7(4)	Supervision of ward of court.
Children and Young Persons Act 1969 (c. 54)
The whole Act except [F21 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; . . . F22 F23 . . .
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.
[F24 Sections 6 and 7B of this Act]	[F24 Appointment of director of social services, etc; provision and conduct of complaints procedure.]
[F25 . . .]	[F25 . . .]
[F26 Children Act 1975 (c.72)]
. . . F27	. . . F27
[F26 Part II]	[F26 Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.]
[F28 Adoption Act 1976 (c.36)]	[F28 Maintenance of Adoption Service; functions of local authority as adoption agency; applications for orders freeing children for adoption; inquiries carried out by local authorities in adoption cases; care, possession and supervision of children awaiting adoption.]
[F29 Supplementary Benefits Act 1976, Schedul e 5]	[F29 Provision and maintenance of [F30 resettlement units]for persons without a settled way of living.]
. . . F31	. . . F31
[F32 National Health Service Act 1977, Schedul e 8]	[F32 Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.]
[F33 . . .]	[F33 . . .]
[F34 . . .]	[F34 . . .]
[F35 . . .]	[F35 . . .]
. . . F36	. . . F36
. . . F37	. . . F37
[F38 Mental Health Act 1983 (c. 20)]
[F38 Parts II, III and VI]	[F38 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.]
[F38 Sections 66, 67, 69(1)]	[F38 Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals.]
[F38 Section 114]	[F38 Appointment of approved social workers.]
[F38 Section 115]	[F38 Entry and inspection.]
[F38 Section 116]	[F38 Welfare of certain hospital patients.]
[F38 Section 117]	[F38 After-care of detained patients.]
[F38 Section 130]	[F38 Prosecutions.]
[F39 Public Health (Control of Disease) Act 1984 (c. 22)]
[F39 Section 46(2) and (5)]	[F39 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.]
[F40 Registered Homes Act 1984 (c. 23) Part I.]	[F40 Registration of Residential Care Homes.]
[F41 Housing Act 1985, Section 72(b)]	[F41 Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F42 Housing (Scotland) Act 1987 (c. 26) section 38(b)]	[F42 Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F43 Children Act 1989,The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.]	[F43 Welfare reports.]
	[F43 Consent to application for residence order in respect of child in care.]
	[F43 Family assistance orders.]
	[F43 Functions under Part III of the Act (local authority support for children and families).]
	[F43 Care and supervision.]
	[F43 Protection of children.]
	[F43 Functions in relation to community homes, voluntary homes and voluntary organisations, registered children’s homes, private arrangements for fostering children, child minding and day care for young children.]
	[F43 Inspection of children’s homes on behalf of Secretary of State.]
	[F43 Research and returns of information.]
	[F43 Functions in relation to children accommodated by health authorities [F44 National Health Service trusts]and local education authorities or in residential care, nursing or mental nursing homes or in independent schools.]
[F45 National Health Service and Community Care Act 1990 (c. 19)]
[F45 Section 46]	[F45 Preparation of plans for community care services.]
[F45 Section 47]	[F45 Assessment of needs for community care services.]

Textual Amendments

F1 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

F2 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.

F3 Words repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F4 Entry repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

F5 Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F6 Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII

F7 Entry repealed by Foster Children Act 1980 (c. 6), s. 23(3), Sch. 3

F8 Entry repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Schs. 2, 4

F9 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)

F10 Words substituted by Nursing Homes Act 1975 (c. 37, SIF 113:3), s. 22(1), Sch. 1 para. 8

F11 Words substituted by Registered Homes Act 1984 (c. 23, SIF 113:3), Sch. 1 para. 4(a)

F12 Entry substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(a)

F13 Words repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch. and National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F14 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)

F15 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 3 para. 18

F16 Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F17 Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F18 Words repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 11, Sch. 3

F19 Entry repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2)(3), Sch. 7 para. 18, Sch. 8 Pt. I

F20 Words repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16

F21 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)

F22 Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F23 Words in Sch. 1 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F24 Entry in Sch. 1 commencing “Sections 6 and 7B” substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 11(b)

F25 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)

F26 Entries added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 108(1)(a), Sch. 3 para. 74(b)

F27 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

F28 Paragraph added by Adoption Act 1976 (c. 36, SIF 49:11), Sch. 3 para. 15

F29 Entry added by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), Sch. 7 para. 18

F30 Words substituted by Social Security Act 1980 (c. 39, SIF 113:1), Sch. 4 para. 6

F31 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

F32 Entry added by virtue of a substitution by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 51

F33 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)

F34 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)

F35 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)

F36 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

F37 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

F38 Entry inserted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(b)

F39 Words inserted by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 2 para. 6

F40 Words inserted by virtue of Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29, Sch. 9 para. 9 and Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 1 para. 4(b)

F41 Words added by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 19

F42 Words inserted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 339(2), Sch. 23 para. 16

F43 Words in Sch. 1 added (14.10.1991) at the end of Sch. 1 by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 26(2); S.I. 1991/828, art. 3(2)

F44 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.

F45 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.

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 M1 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)

C1 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

M1 1948 c. 43.

2—4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

Textual Amendments

F46 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Textual Amendments

F47 Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F48 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Sch. 2 para. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII

7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

F49 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 M2 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)

C2 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

M2 1969 c. 54.

9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

F50 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)

C3 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

F51 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)

C4 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)

C5 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.