SCHEDULES

P1SCHEDULE 1F66SOCIAL SERVICES FUNCTIONS

Section 2.

Annotations:
Amendments (Textual)
F66

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(2)(f)

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Sch. 1: entry repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2, Sch. 1, Appendix.

F6

Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.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

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)

F14

Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F15

Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F19

Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F20

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)

F21

Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F22

Words in Sch. 1 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F23

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)

F24

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)

F26

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

F32

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

F39

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

F41

Sch. 1: entry repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I.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)

F42

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

F43

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)

F45

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)

F47

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)

F50

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.

F51

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)

F52

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

F53

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

F54

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)

F55

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

F56

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

F61

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

F62

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)

F64

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)

F65

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

F67

Entry in Sch.1 inserted (1.4.2006 for certain purposes and otherwise prosp.) by Children Act 2004 (c. 31), ss. 56, 67(7)(e); S.I. 2006/927, art. 2(b)

Modifications etc. (not altering text)
Subordinate Legislation Made
P1

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

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) F9section 8. . . .

F10Welfare and accommodation of mentally disordered persons

. . . F11

. . . F12

. . . F12

F13Mental 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

. . . F14powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . F14.

. . . F15

. . . F15

. . . F16

. . . F16

. . . F17

. . . F17

. . . F17

Health Services and Public Health Act 1968 (c. 46)

. . . F18

. . . F18

. . . F18

. . . F18

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.

F19. . .

F19. . .

F19. . .

Children and Young Persons Act 1969 (c. 54)

The whole Act except F20section 9in 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; . . . F21F22 . . .

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.

F23Sections 6 and 7B of this Act

F23Appointment of F24director of adult social services or director of social services, etc; provision and conduct of complaints procedure.

F25 . . .

F25 . . .

F26Children Act 1975 (c.72)

. . . F27

. . . F27

F26Part II

F26Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29Supplementary Benefits Act 1976, Schedule 5

F29Provision and maintenance of F30resettlement unitsfor persons without a settled way of living.

. . . F31

. . . F31

F32National Health Service Act 1977, Schedule 8

F32Care 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

F38Mental Health Act 1983 (c. 20)

F38Parts II, III and VI

F38Welfare 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.

F38Sections 66, 67, 69(1)

F38Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals.

F38Section 114

F38Appointment of approved social workers.

F38Section 115

F38Entry and inspection.

F38Section 116

F38Welfare of certain hospital patients.

F38Section 117

F38After-care of detained patients.

F38Section 130

F38Prosecutions.

F39Health 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)

F39Charges for local authority welfare services

F40Public Health (Control of Disease) Act 1984 (c. 22)

F40Section 46(2) and (5)

F40Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.

F41. . .

F41. . .

F42Housing Act 1996 Section 213(1)(b)

Co-operation in relation to homeless persons and persons threatened with homelessness.

F43Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

F43Sections 1 to 5, 7 and 8 except in so far as they assign functions to a local authority in their capacity as a local education authority.

F43Representation and assessment of disabled persons.

F44Housing (Scotland) Act 1987 (c. 26) section 38(b)

F44Co-operation in relation to homeless persons and persons threatened with homelessness.

F45Children Act 1989,The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.

F45Welfare reports.

F45Consent to application for residence order in respect of child in care.

F46Functions relating to special guardianship orders

F45Family assistance orders.

F45Functions under Part III of the Act (local authority support for children and families).

F45Care and supervision.

F45Protection of children.

F45Functions in relation to community homes, voluntary homes and voluntary organisations, F47private children’s homes, private arrangements for fostering children, child minding and day care for young children.

F45Inspection of children’s homes on behalf of Secretary of State.

F45Research and returns of information.

F45Functions in relation to children accommodated by health authorities F48, Primary Care Trusts,F49National Health Service trusts and local education authorities or in F47care homes, independent hospitals or schools.

F50National Health Service and Community Care Act 1990 (c. 19)

F50C1Section 46

F50Preparation of plans for community care services.

F50Section 47

F50Assessment of needs for community care services.

F51. . .

F51. . .

[F52Section 166.]

F53Carers (Recognition and Services) Act 1995 (c.12)

F53Section 1

Assessment of ability of carers to provide care.

F54Education Act 1996.

F54Section 322....................

F54Help for local education authority in exercising functions under Part IV of the Act.

F55Community 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 servicesF56 or services under the Carers and Disabled Children Act 2000.

F57Adoption (Intercountry Aspects) Act 1999 (c.18)

F58Sections 1 and 2(4)

Functions under F59regulations 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 F60and functions under Article 9(a) to (c) of the Convention .

F61Carers 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.

F61Assessment of carers’ needs.

Provision of services to carers.

Provision of vouchers.

F62Health 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.

F63Adoption and Children Act 2002

Maintenance of Adoption Service; functions of local authority as adoption agency.

F64Community 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.

F65Carers (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

F67Children Act 2004

Sections 13 to 16 and 31 to 34

Functions relating to Local Safeguarding Children Boards.