5 Powers of Secretary of State.S
(1)Local authorities shall perform their functions under this Act under the general guidance of the Secretary of State.
[F1(1A)Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in section 2(2) of this Act; and a local authority shall comply with any direction made under this subsection.]
[F2(2)The Secretary of State may make regulations in relation to—
(a)the performance of the functions assigned to local authorities by this Act;
(b)the activities of voluntary organisations in so far as those activities are concerned with the like purposes;
(c)the performance of the functions referred to social work committees under section 2(2)(b) to (e) [F3(h) [F4and (j)]][F4to (k)] of this Act;
[F5(d)the performance of the functions transferred to local authorities by section 1(4)(a) of this Act.]]
(3)Without prejudice to the generality of the foregoing subsection, regulations under this section may make provision for the boarding-out of persons by local authorities and voluntary organisations, whether under any enactment or otherwise, and may provide—
(a)for the recording by local authorities and voluntary organisations of information relating to persons with whom persons are boarded out as aforesaid, and to persons who are willing to have persons boarded out with them;
(b)for securing that persons shall not be boarded out in any household unless that household is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations;
(c)in the case of a child, for securing that, where possible, the person with whom any child is to be boarded out is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that religious persuasion;
(d)for securing that persons boarded out as aforesaid, and the places in which they are boarded out, shall be supervised and inspected by a local authority or voluntary organisation, as the case may be, and that those persons shall be removed from those places if their welfare appears to require it.
Textual Amendments
F1S. 5(1A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 51
F2S. 5(2) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 49
F3Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 67(2), Sch. 2 paras. 3, 5, Sch. 3 para. 9
F4 “to (k)” substituted (prosp.) for “and (j)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 19
F5S. 5(2)(d) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15