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Local Authority Social Services Act 1970

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Point in time view as at 01/02/1991.

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Local Authority Social Services Act 1970 is up to date with all changes known to be in force on or before 23 December 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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SCHEDULES

Section 2.

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

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.
. . . F1
. . . F1 . . . F1
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.
[F2Section 41][F2Charities for disabled.]
Sections 43 to 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 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
Nurseries and Child-Minders Regulation Act 1948 (c. 53)Regulation of nurseries and child-minders.
Disabled Persons (Employment) Act 1958 (c. 33)
Section 3Provision of facilities for enabling disabled persons to be employed or work under special conditions.
. . . F6 . . . F6
. . . F7 . . . F7
Mental Health Act 1959 (c. 72) [F8[F9sections 8 and 9]][F8section 8][F10and the [F11Registered Homes Act 1984]so far as its provisions relate to mental nursing homes.][F12Welfare and accommodation of mentally disordered persons]
. . . F13
. . . F14
. . . F14
[F15Mental 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.
[F16Section 5(1)(c)][F16Research into matters relating to functions of local authorites.]
Children and Young Persons Act 1963 (c. 37)
Part I . . . F17powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . F17.
. . . F18 . . . F18
. . . F19 . . . F19
. . . F20
. . . F20 . . . F20
Health Services and Public Health Act 1968 (c. 46)
. . . F21 . . . F21
. . . F21 . . . F21
Section 45Promotion of welfare of old people.
[F22Section 65][F22Financial and other assistance to voluntary organisations.]
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 [F23sections 1, 2 and 9][F23section 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; . . . F24[F25welfare, etc. of foster children.]
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.
[F26Section 6 of this Act][F26Appointment of director of social service s, etc.]
[F26Sections 6 and 7B of this Act][F26Appointment of director of social services, etc; provision and conduct of complaints procedure.]
[F27[F28Matrimonial Causes Act 1973 Sect ion 44]][F27[F28Supervision of child subject to court order in matrimonial proceedings.]]
[F29Children Act 1975 (c.72)]
. . . F30 . . . F30
[F29Part II][F29Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.]
[F31Adoption Act 1976 (c.36)][F31Maintenance 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.]
[F32Supplementary Benefits Act 1976, Schedul e 5][F32Provision and maintenance of [F33resettlement units]for persons without a settled way of living.]
. . . F34 . . . F34
[F35National Health Service Act 1977, Schedul e 8][F35Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.]
[F36the Domestic Proceedings and Magistrates’ Courts Act 1978, Section 9][F36Supervision of child subject to court order in matrimonial proceedings.]
[F37Child Care Act 1980 (c. 5)][F37Promotion of welfare of children; provision for orphans, deserted children, children suffering from mental disorder etc.; assumption by local authority of parental rights; children in care; financing of children’s maintenance and education etc.; assistance of persons formerly in care; accommodation for children in care; registration of voluntary children’s homes and use of voluntary organisations, research into matters connected with functions under enactments relating to children and young persons.]
[F38Foster Children Act 1980 (c. 6)][F38Protection of children living away from their parents; prosecution of offences.]
. . . F39 . . . F39
[F40Children’s Homes Act 1982][F40Registration of children’s homes; supervision of registered homes.]
. . . F41 . . . F41
[F42Mental Health Act 1983 (c. 20)]
[F42Parts II, III and VI][F42Welfare 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.]
[F42Sections 66, 67, 69(1)][F42Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals.]
[F42Section 114][F42Appointment of approved social workers.]
[F42Section 115][F42Entry and inspection.]
[F42Section 116][F42Welfare of certain hospital patients.]
[F42Section 117][F42After-care of detained patients.]
[F42Section 130][F42Prosecutions.]
[F43Public Health (Control of Disease) Act 1984 (c. 22)]
[F43Section 46(2) and (5)][F43Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.]
[F44Registered Homes Act 1984 (c. 23) Part I.][F44Registration of Residential Care Homes.]
[F45Housing Act 1985, Section 72(b)][F45Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F46Housing (Scotland) Act 1987 (c. 26) section 38(b)][F46Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F47Children Act 1989,The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.][F47Welfare reports.]
[F47Consent to application for residence order in respect of child in care.]
[F47Family assistance orders.]
[F47Functions under Part III of the Act (local authority support for children and families).]
[F47Care and supervision.]
[F47Protection of children.]
[F47Functions 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.]
[F47Inspection of children’s homes on behalf of Secretary of State.]
[F47Research and returns of information.]
[F47Functions in relation to children accommodated by health authorities [F48National Health Service trusts]and local education authorities or in residential care, nursing or mental nursing homes or in independent schools.]
[F49National Health Service and Community Care Act 1990 (c. 19)]
[F49Section 46][F49Preparation of plans for community care services.]
[F49Section 47][F49Assessment of needs for community care services.]

Textual Amendments

F1Entry 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

F8Words “section 8” substituted (prosp.) for words “sections 8 and 9” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 26(1)(a)

F16Words inserted (prosp.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 131(1) (which Sch. 4 para. 131(1) was repealed (with saving) by 1977 c. 49, s. 129, Sch. 14 para. 13(1), Sch. 16)

F22Words inserted (prosp.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 131(2) (which Sch. 4 para. 131(2) was repealed (with saving) by 1977 c. 49, s. 129, Sch. 14 para. 13(1), Sch. 16)

F23Words “section 9” substituted (prosp.) for words “sections 1, 2 and 9” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 26(1)(b)

F26Entry commencing “Sections 6 and 7B” substituted (1.4.1991) for entry commencing “Section 6” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 11(b)

F29Entries added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 108(1)(a), Sch. 3 para. 74(b)

F47Words added (prosp.) at the end of Sch. 1 by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 26(2)

F49Words inserted (prosp. except so far as they relate to s. 46 of the 1990 Act which comes 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), ss. 66(1), 67(2), Sch. 9 para. 11(c)

Section 14.

SCHEDULE 2E+W Minor and Consequential Amendments of Enactments

The Children and Young Persons Act 1933 (c. 12)E+W

1E+WIn section 96(7) of the Children and Young Persons Act 1933 (which provides that subject to the provisions of section 39 of the M1Children 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)

C1The 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

2—4E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

6In section 49(1) of the said Act of 1948 (which requires county borough councils to keep separate accounts of sums received and expended by them in the exercise of their functions under any of the enactments mentioned in section 39(1) of that Act) for the words “subsection (1) of section thirty-nine of this Act” there shall be substituted the words “subsection (IA) of this section” and after subsection (1) of the said section 49 there shall be inserted—

“(1A)The enactments referred to in subsection (1) of this section are—

(a)the enactments specified in section 45(IA) of this Act;

(b)section 9 of the Mental Health Act 1959 and section 10 of that Act so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section ; and

(c)section 10 of the Mental Health (Scotland) Act 1960 so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section.”

Modifications etc. (not altering text)

C2The 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.

7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

8E+WIn 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 M2Children 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)

C3The 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

9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

The Children and Young Persons Act 1963 (c. 37)E+W

10E+WIn 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)

C4The 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.

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Textual Amendments

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)

C5The 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 3E+W Repeals

Modifications etc. (not altering text)

C6The 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.

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