SCHEDULES

SCHEDULE 1 Enactments Conferring Functions Assigned to Social Services Committee

Section 2.

Annotations:
Amendments (Textual)
F7

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

F8

Sch. 1: entry repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2, Sch. 1, Appendix.

F11

Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F12

Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.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

F15

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)

F20

Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F21

Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F25

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)

F26

Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F28

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)

F30

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

F36

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

F45

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

F46

Sch. 1: entry added (26.10.2000 for E. andprosp. otherwise) by 2000 c. 22, ss. 107, 108(5)-(7), Sch. 5 para. 7; S.I. 2000/2849, art. 2(f)

F48

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)

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.

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 andprosp. otherwise) by 2000 c. 16, s. 9(a); S.I. 2001/510, art. 2, Sch.

F57

Sch. 1: entry inserted (1.4.2001 for E. for certain purposes andprosp. otherwise) by 2000 c. 16, s. 9(b): S.I. 2001/510, art. 2, Sch.

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.

. . . F7

. . . F7

. . . F7

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.

. . .F8

. . .F8

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.

. . . F9

. . . F9

Section 56(3) except so far as it relates to an offence under section 47(11).

Prosecution of offences.

. . . F10

. . . F10

. . . F11

. . . F11

F12. . .

F12. . .

Disabled Persons (Employment) Act 1958 (c. 33)

Section 3

Provision of facilities for enabling disabled persons to be employed or work under special conditions.

. . . F13

. . . F13

. . . F14

. . . F14

Mental Health Act 1959 (c. 72) F15section 8and the Registered Homes Act 1984 so far as its provisions relate to mental nursing homes.

F16Welfare and accommodation of mentally disordered persons

. . . F17

. . . F18

. . . F18

F19Mental 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

. . . F20powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . F20.

. . . F21

. . . F21

. . . F22

. . . F22

. . . F23

. . . F23

. . . F23

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

. . . F24

. . . F24

. . . F24

. . . F24

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 F25section 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; . . . F26F27 . . .

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.

F28Sections 6 and 7B of this Act

F28Appointment of 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 1976 (c.36)

F32Maintenance 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.

F33Supplementary Benefits Act 1976, Schedule 5

F33Provision and maintenance of F34resettlement unitsfor persons without a settled way of living.

. . . F35

. . . F35

F36National Health Service Act 1977, Schedule 8

F36Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.

F37 . . .

F37 . . .

F38 . . .

F38 . . .

F39 . . .

F39 . . .

. . . F40

. . . F40

. . . 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 1996 Section 213(1)(b)

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

F46“ Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) ”

F46Sections 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.

F46Representation and assessment of disabled persons.

F47Housing (Scotland) Act 1987 (c. 26) section 38(b)

F47Co-operation in relation to homeless persons and persons threatened with homelessness.

F48Children Act 1989,The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.

F48Welfare reports.

F48Consent to application for residence order in respect of child in care.

F48Family assistance orders.

F48Functions under Part III of the Act (local authority support for children and families).

F48Care and supervision.

F48Protection of children.

F48Functions 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.

F48Inspection of children’s homes on behalf of Secretary of State.

F48Research and returns of information.

F48Functions in relation to children accommodated by health authorities F49National Health Service trustsand local education authorities or in residential care, nursing or mental nursing homesor in independent schools .

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

F50Section 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....................

Help 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 services F56 or services under the Carers and Disabled Children Act 2000.

F57Carers 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.

Assessment of carers’ needs.

Provision of services to carers.

Provision of vouchers.

SCHEDULE 2 Minor and Consequential Amendments of Enactments

Section 14.

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

C11

In 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).”

Annotations:
Modifications etc. (not altering text)
C1

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.

Marginal Citations

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

C28

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 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”.

Annotations:
Modifications etc. (not altering text)
C2

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.

Marginal Citations

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

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

C310

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”.

Annotations:
Modifications etc. (not altering text)
C3

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.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

12

C41

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)”.

C42

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)”.

Annotations:
Modifications etc. (not altering text)
C4

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.

C5SCHEDULE 3 Repeals

Section 14.

Annotations:
Modifications etc. (not altering text)
C5

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.

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