Local Authority Social Services Act 1970
1970 c.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.
Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
1 Local authorities. C3
F31A Meaning of “social services functions”.
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.
2 Local authority to establish social services committee. C4
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3F28 Business of Social Services Committee.
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3AF29 Power of local authority to refer or delegate to social services committee.
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F74Joint committees and sub-committees.
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F85Membership of committees and sub-committees.
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C56 The director of social services.
F122A1
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 F123in Walesshall 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 F124adult social services or (as the case may be) social services, concur in the appointment of a person as director of F124adult social services or (as the case may be) social services for both or all of those authorities.
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A local authority which have appointed, or concurred in the appointment of, F125a person under this section, shall secure the provision of adequate staff for assisting him in the exercise of his functions.
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C6C77 Local authorities to exercise social services functions under guidance of Secretary of State.
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
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C8C97AF30 Directions by the Secretary of State as to exercise of social services functions.
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.
F147BComplaints procedure
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7CInquiries
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.
7DDefault powers of Secretary of State as respects social services functions of local authorities.
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 F15section 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.
7EGrants to local authorities in respect of social services for the mentally ill.
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.
F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9Protection of interests, etc. of local authority staffs.
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.
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12Isles of Scilly.
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.
1
Orders . . . F19of 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 F201A or 14(3) of this Act . . . F19, a draft of the instrument shall be laid before Parliament, and an instrument containing an order under the said section F201A 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 . . . F19under 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.
14Minor and consequential amendments, repeals and saving for certain schemes.
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.
X12
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.
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15Citation, interpretation, commencement and extent.
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 F221A . . . F23of 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
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This Act, . . . F26, shall not extend to Scotland.
7
SCHEDULES
P1C16F121 SCHEDULE 1F31SOCIAL SERVICES FUNCTIONS
Words 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)
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)
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
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.
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)
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
Words repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
Entry repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII
Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII
Entry repealed by Foster Children Act 1980 (c. 6), s. 23(3), Sch. 3
Entry repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Schs. 2, 4
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)
Entry substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(a)
Words repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch. and National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5
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)
Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 3 para. 18
Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
Words repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 11, Sch. 3
Entry repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2)(3), Sch. 7 para. 18, Sch. 8 Pt. I
Words repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16
Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}
Words in Sch. 1 omitted (5.5.2010) by virtue of The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 25(2)
Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
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)
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)
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)
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)
Entries added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 108(1)(a), Sch. 3 para. 74(b)
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
Entry in Sch. 1 inserted (11.7.2006) by Childcare Act 2006 (c. 21), s. 103(1), Sch. 2 para. 1
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)
Entry added by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), Sch. 7 para. 18
Words substituted by Social Security Act 1980 (c. 39, SIF 113:1), Sch. 4 para. 6
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
Entry added by virtue of a substitution by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 51
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)
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)
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)
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
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
Entry inserted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(b)
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)}
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
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
Words inserted by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 2 para. 6
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)
Sch. 1: entry substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 1; S.I. 1996/2959, art. 2
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)
Words in Sch. 1 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 25(3)
Words inserted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 339(2), Sch. 23 para. 16
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)
Words in Sch. 1 inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 25(4)(a)
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)
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)
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
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
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.
Words in Sch. 1 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 25(4)(b)
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.
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)
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
Sch. 1: entries inserted (1.4.1996) by 1995 c. 12, ss. 1(7), 5(2)
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)
Words in Sch. 1 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 25(5)
Sch. 1: entry added (1.4.1997) by 1996 c. 30, s. 3(3); S.I. 1997/756, art. 2
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
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)
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)
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)
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)
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
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)
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)
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)
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
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)
Word in Sch. 1 inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 195(3)(a), 269(4); S.I. 2009/3317, art. 2, Sch.
Words in Sch. 1 inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 195(3)(b), 269(4); S.I. 2009/3317, art. 2, Sch.
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
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)
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)
Words in Sch. 1 inserted (18.3.2011) by Social Care Charges (Wales) Measure 2010 (nawm 2), ss. 15(2), 18(3); S.I. 2011/849, art. 2, Sch.
Words in Sch. 1 inserted (1.1.2012) by Carers Strategies (Wales) Measure 2010 (nawm 5), ss. 9(2), 11; S.I. 2011/2842, art. 3(e)
Sch. 1 modified (1.8.2011) by The Contracting Out (Local Authorities Social Services Functions) (England) Order 2011 (S.I. 2011/1568), arts. 1(1), 5
Sch. 1: entry excluded (9.7.2003) by The Community Care Plans (Disapplication) (England) Order 2003 (S.I. 2003/1716), art. 2(b)
Sch. 1: power to amend conferred (15.1.2004) by Children Act 2004 (c. 31), ss. 45(14)(b), 46, 47
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. |
F32 . . . | |
F32 . . . | F32 . . . |
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. |
F33. . . | F33. . . |
F111Section 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 F34deputy for certain patients. |
F35 . . . | F35 . . . |
Section 56(3) except so far as it relates to an offence under section 47(11). | Prosecution of offences. |
F36 . . . | F36 . . . |
F37 . . . | F37 . . . |
F38. . . | F38. . . |
Disabled Persons (Employment) Act 1958 (c. 33) | |
Section 3 | Provision of facilities for enabling disabled persons to be employed or work under special conditions. |
F39 . . . | F39 . . . |
F40 . . . | F40 . . . |
Mental Health Act 1959 (c. 72) F41section 8. . . . | F42Welfare and accommodation of mentally disordered persons |
F43 . . . | |
F44 . . . | |
F44 . . . | |
F45Mental 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 | F46F46 . . . powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . . |
F47 . . . | F47 . . . |
F48 . . . | F48 . . . |
F49 . . . | |
F49 . . . | F49 . . . |
Health Services and Public Health Act 1968 (c. 46) | |
F50 . . . | F50 . . . |
F50 . . . | F50 . . . |
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. |
F51. . . | |
F51. . . | F51. . . |
Children and Young Persons Act 1969 (c. 54) | |
F52F53Care and other treatment of children and young persons through court proceedings; . . . . . . | |
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. |
F54Sections 6 and 7B of this Act | F54 Appointment of F55 director of adult social services or director of social services, etc ; provision and conduct of complaints procedure. |
F56 . . . | F56 . . . |
F57Children Act 1975 (c.72) | |
F58 . . . | F58 . . . |
F57Part II | F57Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases. |
F59Adoption 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. |
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F61Supplementary Benefits Act 1976, Schedule 5 | F61Provision and maintenance of F62resettlement unitsfor persons without a settled way of living. |
F63 . . . | F63 . . . |
F64National Health Service Act 1977, Schedule 8 | F64Care of mothers and young children, prevention, care and after-care: home help and laundry facilities. |
F65 . . . | F65 . . . |
F66 . . . | F66 . . . |
F67 . . . | F67 . . . |
F68 . . . | F68 . . . |
F69 . . . | F69 . . . |
F70Mental Health Act 1983 (c. 20) | |
F70 Parts II, III and VI | F70Welfare 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. |
F70Sections 66, 67, 69(1) | F70Exercise of functions of nearest relative in relation to applications and references to F71the First-tier Tribunal or the Mental Health Review Tribunal for Wales . |
F70Section 114 | |
F70Section 115 | F70Entry and inspection. |
F70Section 116 | F70Welfare of certain hospital patients. |
F70Section 117 | F70After-care of detained patients. |
F70Section 130 | F70Prosecutions. |
F73Health 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) | F73Charges for local authority welfare services |
F74Public Health (Control of Disease) Act 1984 (c. 22) | |
F74Section 46(2) and (5) | F74Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate. |
F75. . . | F75. . . |
F76Housing Act 1996 Section 213(1)(b) | Co-operation in relation to homeless persons and persons threatened with homelessness. |
F77Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) | |
F115Sections 1 to 4, 5(5), 7 and 8. | F77Representation and assessment of disabled persons. |
F78Housing (Scotland) Act 1987 (c. 26) section 38(b) | F78Co-operation in relation to homeless persons and persons threatened with homelessness. |
F79Children Act 1989,The whole ActF116except 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. | F79Welfare reports. |
F79Consent to application for residence order in respect of child in care. | |
F80Functions relating to special guardianship orders | |
F79Family assistance orders. | |
F79Functions under Part III of the Act (local authority support for children and families). | |
F79Care and supervision. | |
F79Protection of children. | |
F79Functions in relation to community homes, voluntary homes and voluntary organisations, F81private children’s homes, private arrangements for fostering children, child minding and day care for young children. | |
F79Inspection of children’s homes on behalf of Secretary of State. | |
F79Research and returns of information. | |
F79Functions in relation to children accommodated by F82Local Health BoardsF83, Primary Care Trusts,F84National Health Service trustsF117and local authorities in the exercise of education functions or in F81care homes, independent hospitals or schools. | |
F85National Health Service and Community Care Act 1990 (c. 19) | |
F85Preparation of plans for community care services. | |
F85Section 47 | F85Assessment of needs for community care services. |
F86. . . | F86. . . |
F87 [Section 166.] | |
F88Carers (Recognition and Services) Act 1995 (c.12) | |
F88Section 1 | Assessment of ability of carers to provide care. |
F89Education Act 1996. | |
F89Section 322.................... | F89Help for F118another local authority in exercising functions under Part IV of the Act. |
F90Community 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 servicesF91 or services under the Carers and Disabled Children Act 2000. |
F92Adoption (Intercountry Aspects) Act 1999 (c.18) F93Sections 1 and 2(4) | Functions under F94regulations 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 F95and functions under Article 9(a) to (c) of the Convention . |
F96Carers 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. | F96Assessment of carers’ needs. Provision of services to carers. Provision of vouchers. |
F97Health 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. | |
F98Adoption and Children Act 2002 | Maintenance of Adoption Service; functions of local authority as adoption agency. |
F99 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. |
F100Carers (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 |
F101Children Act 2004 SectionsF1129A, 13 to 16 and 31 to 34 | Functions relating toF113targets for safeguarding and promoting the welfare of children, and to Local Safeguarding Children Boards. |
F102Mental Capacity Act 2005 | |
Section 39 | Instructing independent mental capacity advocate before providing accommodation for person lacking capacity |
F110Section 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 |
F110Schedule A1 | Any functions. |
F109Children 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. |
F119Social Care Charges (Wales) Measure 2010 | |
Sections 1, 2 and 4 to 12 | Charges for local authority |
F120Carers Strategies (Wales) Measure 2010 | Preparation and implementation of carers strategies |
F121Mental Health (Wales) Measure 2010 Parts 1 to 3 | Local primary mental health support services, coordination of and care planning for secondary mental health service users, assessments of former users of secondary mental health services. |
SCHEDULE 2 Minor and Consequential Amendments of Enactments
The Children and Young Persons Act 1933 (c. 12)
C111
In 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).”
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104
F1056
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106
C128
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 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”.
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107
The Children and Young Persons Act 1963 (c. 37)
C1310
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”.
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108
The Chronically Sick and Disabled Persons Act 1970 (c. 44)
12
C141
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)”.
C142
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)”.
C15SCHEDULE 3 Repeals
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.
Act not in force at Royal Assent see s. 15(4); Act wholly in force at 26.5.1971