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Local Authority Social Services Act 1970

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Local Authority Social Services Act 1970, SCHEDULE 1 is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Section 2.

F1 SCHEDULE 1E+W[F2SOCIAL 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

F1Words 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)

F2Sch. 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.
F3 . . .
F3 . . . F3 . . .
National Assistance Act 1948 (c. 29)
Sections 21 to 27Provision of residential accommodation for the aged, infirm, needy, etc.
Sections 29 and 30Welfare 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.
F4. . .F4. . .
[F5Section ] 45Recovery of costs of providing certain services.
Section 48Temporary protection of property belonging to persons in hospital or accommodation provided under Part III of the Act, etc.
Section 49Defraying expenses of local authority officer applying for appointment as [F6deputy] for certain patients.
F7 . . . F7 . . .
Section 56(3) except so far as it relates to an offence under section 47(11).Prosecution of offences.
F8 . . . F8 . . .
F9 . . . F9 . . .
F10. . .F10. . .
Disabled Persons (Employment) Act 1958 (c. 33)
Section 3Provision of facilities for enabling disabled persons to be employed or work under special conditions.
F11 . . . F11 . . .
F12 . . . F12 . . .
Mental Health Act 1959 (c. 72) [F13section 8]. . . .[F14Welfare and accommodation of mentally disordered persons]
F15 . . .
F16 . . .
F16 . . .
[F17Mental 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), 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 IF18F18 . . . powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . .
F19 . . . F19 . . .
F20 . . . F20 . . .
F21 . . .
F21 . . . F21 . . .
Health Services and Public Health Act 1968 (c. 46)
F22 . . . F22 . . .
F22 . . . F22 . . .
Section 45Promotion 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.
F23. . .
F23. . . F23. . .
Children and Young Persons Act 1969 (c. 54)
F24F24F24 The whole Act ..........F25F26Care 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.
Section 2Provision of certain welfare services.
Section 18Provision of certain information required by Secretary of State.
[F27Sections 6 and 7B of this Act] [F27 Appointment of [F28 director of adult social services or ] director of social services, etc ; provision and conduct of complaints procedure. ]
[F29 . . .][F29 . . .]
[F30Children Act 1975 (c.72)]
F31 . . . F31 . . .
[F30Part II][F30Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.]
[F32Adoption Act 1976Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002.]
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F34Supplementary Benefits Act 1976, Schedule 5][F34Provision and maintenance of [F35resettlement units]for persons without a settled way of living.]
F36 . . . F36 . . .
[F37National Health Service Act 1977, Schedule 8][F37Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.]
[F38 . . .][F38 . . .]
[F39 . . .][F39 . . .]
[F40 . . .][F40 . . .]
F41 . . . F41 . . .
F42 . . . F42 . . .
[F43Mental Health Act 1983 (c. 20)]
[F43 Parts II, III and VI][F43Welfare 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.]
[F43Sections 66, 67, 69(1)][F43Exercise of functions of nearest relative in relation to applications and references to [F44the First-tier Tribunal or the Mental Health Review Tribunal for Wales] .]
[F43Section 114][F43Appointment of [F45approved mental health professionals] .]
[F43Section 115][F43Entry and inspection.]
[F43Section 116][F43Welfare of certain hospital patients.]
[F43Section 117][F43After-care of detained patients.]
[F43Section 130][F43Prosecutions.]
[F46Section 130AMaking arrangements to enable independent mental health advocates to be available to help qualifying patients]

[F47Health 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)]

[F47Charges for local authority welfare services]

[F48Public Health (Control of Disease) Act 1984 (c. 22)]
[F48Section 46(2) and (5)][F48Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.]
F49. . . F49. . .
[F50Housing Act 1996 Section 213(1)(b)Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F51Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)]
[F52Sections 1 to 4, 5(5), 7 and 8].[F51Representation and assessment of disabled persons.]
[F53Housing (Scotland) Act 1987 (c. 26) section 38(b)][F53Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F54Children Act 1989,The whole Act[F55except 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.][F54Welfare reports.]
[F54Consent to application for [F56child arrangements ] order in respect of child in care.]
[F57Functions relating to special guardianship orders]
[F54Family assistance orders.]
[F54Functions under Part III of the Act (local authority support for children and families).]
[F54Care and supervision.]
[F54Protection of children.]
[F54Functions in relation to community homes, voluntary homes and voluntary organisations, [F58private] children’s homes, private arrangements for fostering children, child minding and day care for young children.]
[F54Inspection of children’s homes on behalf of Secretary of State.]
[F54Research and returns of information.]
[F54Functions in relation to children accommodated [F59pursuant 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 [F60Local Health Boards][F61, F62...][F63National Health Service trusts] [F64and local authorities in the exercise of education functions] or in [F58care homes, independent hospitals or schools].]
[F65National Health Service and Community Care Act 1990 (c. 19)]
[F65 Section 46 ][F65Preparation of plans for community care services.]
[F65Section 47][F65Assessment of needs for community care services.]
F66. . .F66. . .
F67 [Section 166.]
[F68Carers (Recognition and Services) Act 1995 (c.12)]
[F68Section 1Assessment of ability of carers to provide care.]
[F69Education Act 1996.]
[F69Section 322....................][F69Help for [F70another local authority] in exercising functions under Part IV of the Act.]
[F71Community 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[F72 or services under the Carers and Disabled Children Act 2000].

[F73Adoption (Intercountry Aspects) Act 1999 (c.18)

[F74Sections 1 and] 2(4)

Functions under [F75regulations 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 [F76and functions under Article 9(a) to (c) of the Convention] .]

[F77Carers 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.]

[F77Assessment of carers’ needs.

Provision of services to carers.

Provision of vouchers.]

[F78Health 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.]
[F79Adoption and Children Act 2002Maintenance of Adoption Service; functions of local authority as adoption agency.]
[F80 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.]
[F81Carers (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]

[F82Children Act 2004

Sections[F839A,] 13 to 16 and 31 to 34

Functions relating to[F84targets for safeguarding and promoting the welfare of children, and to] Local Safeguarding Children Boards.]
[F85Mental Capacity Act 2005
Section 39 Instructing independent mental capacity advocate before providing accommodation for person lacking capacity
[F86Section 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]
[F86Schedule A1Any functions.]
[F87Children 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.]
[F88Social Care Charges (Wales) Measure 2010
Sections 1, 2 and 4 to 12Charges for local authority]
[F89Carers Strategies (Wales) Measure 2010Preparation and implementation of carers strategies]

[F1Mental 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.]
[F90Legal Aid, Sentencing and Punishment of Offenders Act 2012
Section 92Functions in relation to a child remanded to local authority accommodation.]

Textual Amendments

F3Entry 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

F4Sch. 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.

F5Word 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)

F6Sch. 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

F10Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII

F13Words 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)

F23Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F27Entry 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)

F28Sch. 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)

F30Entries added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 108(1)(a), Sch. 3 para. 74(b)

F32Entry in Sch. 1 inserted (11.7.2006) by Childcare Act 2006 (c. 21), s. 103(1), Sch. 2 para. 1

F44Sch. 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)}

F45Sch. 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

F47Sch. 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

F49Sch. 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)

F50Sch. 1: entry substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 1; S.I. 1996/2959, art. 2

F51Sch. 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)

F54Words 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)

F56Words 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)

F58Sch. 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)

F60Sch. 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

F65Words 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.

F66Sch. 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)

F67Sch. 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

F68Sch. 1: entries inserted (1.4.1996) by 1995 c. 12, ss. 1(7), 5(2)

F69Sch. 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)

F71Sch. 1: entry added (1.4.1997) by 1996 c. 30, s. 3(3); S.I. 1997/756, art. 2

F72Sch. 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

F77Sch. 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

F78Sch. 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)

F80Sch. 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)

F81Entry 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

F82Entry 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)

F87Words 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)

Modifications etc. (not altering text)

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