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- Original (As enacted)
Version Superseded: 01/09/1992
Point in time view as at 14/10/1991.
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.
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Section 2.
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. |
[F2Section 41] | [F2Charities for disabled.] |
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 |
Nurseries and Child-Minders Regulation Act 1948 (c. 53) | Regulation of nurseries and child-minders. |
Disabled Persons (Employment) Act 1958 (c. 33) | |
Section 3 | Provision of facilities for enabling disabled persons to be employed or work under special conditions. |
. . . F6 | . . . F6 |
. . . F7 | . . . F7 |
Mental Health Act 1959 (c. 72) [F8section 8][F9and the [F10Registered Homes Act 1984]so far as its provisions relate to mental nursing homes.] | [F11Welfare and accommodation of mentally disordered persons] |
. . . F12 | |
. . . F13 | |
. . . F13 | |
[F14Mental 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 | . . . F15powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . F15 |
. . . F16 | . . . F16 |
. . . F17 | . . . F17 |
. . . F18 | |
. . . F18 | . . . F18 |
Health Services and Public Health Act 1968 (c. 46) | |
. . . F19 | . . . F19 |
. . . F19 | . . . F19 |
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. |
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 [F20section 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; . . . 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 director of social services, etc; provision and conduct of complaints procedure.] |
[F24 . . .] | [F24 . . .] |
[F25Children Act 1975 (c.72)] | |
. . . F26 | . . . F26 |
[F25Part II] | [F25Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.] |
[F27Adoption Act 1976 (c.36)] | [F27Maintenance 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.] |
[F28Supplementary Benefits Act 1976, Schedul e 5] | [F28Provision and maintenance of [F29resettlement units]for persons without a settled way of living.] |
. . . F30 | . . . F30 |
[F31National Health Service Act 1977, Schedul e 8] | [F31Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.] |
[F32 . . .] | [F32 . . .] |
[F33 . . .] | [F33 . . .] |
[F34 . . .] | [F34 . . .] |
. . . F35 | . . . F35 |
. . . F36 | . . . F36 |
[F37Mental Health Act 1983 (c. 20)] | |
[F37Parts II, III and VI] | [F37Welfare 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.] |
[F37Sections 66, 67, 69(1)] | [F37Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals.] |
[F37Section 114] | [F37Appointment of approved social workers.] |
[F37Section 115] | [F37Entry and inspection.] |
[F37Section 116] | [F37Welfare of certain hospital patients.] |
[F37Section 117] | [F37After-care of detained patients.] |
[F37Section 130] | [F37Prosecutions.] |
[F38Public Health (Control of Disease) Act 1984 (c. 22)] | |
[F38Section 46(2) and (5)] | [F38Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.] |
[F39Registered Homes Act 1984 (c. 23) Part I.] | [F39Registration of Residential Care Homes.] |
[F40Housing Act 1985, Section 72(b)] | [F40Co-operation in relation to homeless persons and persons threatened with homelessness.] |
[F41Housing (Scotland) Act 1987 (c. 26) section 38(b)] | [F41Co-operation in relation to homeless persons and persons threatened with homelessness.] |
[F42Children Act 1989,The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.] | [F42Welfare reports.] |
[F42Consent to application for residence order in respect of child in care.] | |
[F42Family assistance orders.] | |
[F42Functions under Part III of the Act (local authority support for children and families).] | |
[F42Care and supervision.] | |
[F42Protection of children.] | |
[F42Functions 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.] | |
[F42Inspection of children’s homes on behalf of Secretary of State.] | |
[F42Research and returns of information.] | |
[F42Functions in relation to children accommodated by health authoritiesand local education authorities or in residential care, nursing or mental nursing homes or in independent schools.] | |
[F43National Health Service and Community Care Act 1990 (c. 19)] | |
[F43Section 46] | [F43Preparation of plans for community care services.] |
[F43Section 47] | [F43Assessment 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
F2Entry substituted by virtue of Residential Homes Act 1980 (c. 7), Sch. 1 para. 4 and Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30(3)(b)
F3Words repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
F4Entry repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII
F5Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
F6Entry repealed by Foster Children Act 1980 (c. 6), s. 23(3), Sch. 3
F7Entry repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Schs. 2, 4
F8Words 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)
F9Words substituted by Nursing Homes Act 1975 (c. 37, SIF 113:3), s. 22(1), Sch. 1 para. 8
F10Words substituted by Registered Homes Act 1984 (c. 23, SIF 113:3), Sch. 1 para. 4(a)
F11Entry substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(a)
F12Words repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch. and National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5
F13Entry 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)
F14Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 3 para. 18
F15Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
F16Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
F17Words repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 11, Sch. 3
F18Entry repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2)(3), Sch. 7 para. 18, Sch. 8 Pt. I
F19Words repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16
F20Words 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)
F21Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
F22Words 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)
F23Entry 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)
F24Entry 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)
F25Entries added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 108(1)(a), Sch. 3 para. 74(b)
F26Paragraph 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
F27Paragraph added by Adoption Act 1976 (c. 36, SIF 49:11), Sch. 3 para. 15
F28Entry added by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), Sch. 7 para. 18
F29Words substituted by Social Security Act 1980 (c. 39, SIF 113:1), Sch. 4 para. 6
F30Entry 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
F31Entry added by virtue of a substitution by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 51
F32Entry 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)
F33Entry 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)
F34Entry 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)
F35Entry 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
F36Entry 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
F37Entry inserted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(b)
F38Words inserted by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 2 para. 6
F39Words inserted by virtue of Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29, Sch. 9 para. 9 and Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 1 para. 4(b)
F40Words added by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 19
F41Words inserted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 339(2), Sch. 23 para. 16
F42Words 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)
F43Words 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.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
Textual Amendments
F44Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30
5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
Textual Amendments
F45Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
Textual Amendments
F46Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47
Textual Amendments
F47Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
Textual Amendments
F48Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6
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.
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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