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Local Authority Social Services Act 1970

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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[F1SOCIAL 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

F1Sch. 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)

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.
. . . F2
. . . F2 . . . F2
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.
. . .F3. . .F3
[F4Section ] 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 [F5deputy] for certain patients.
. . . F6 . . . F6
Section 56(3) except so far as it relates to an offence under section 47(11).Prosecution of offences.
. . . F7 . . . F7
. . . F8 . . . F8
F9. . .F9. . .
Disabled Persons (Employment) Act 1958 (c. 33)
Section 3Provision of facilities for enabling disabled persons to be employed or work under special conditions.
. . . F10 . . . F10
. . . F11 . . . F11
Mental Health Act 1959 (c. 72) [F12section 8]. . . .[F13Welfare and accommodation of mentally disordered persons]
. . . F14
. . . F15
. . . F15
[F16Mental 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 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.
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.
F22. . .
F22. . . F22. . .
Children and Young Persons Act 1969 (c. 54)
The whole Act F23...F23...F23....Care and other treatment of children and young persons through court proceedings; . . . F24F25 . . .
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.
[F26Sections 6 and 7B of this Act] [F26 Appointment of [F27 director of adult social services or ] director of social services, etc ; provision and conduct of complaints procedure. ]
[F28 . . .][F28 . . .]
[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 1976Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002.]
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F33Supplementary Benefits Act 1976, Schedule 5][F33Provision and maintenance of [F34resettlement units]for 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)]
[F42 Parts 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 [F43the First-tier Tribunal or the Mental Health Review Tribunal for Wales] .]
[F42Section 114][F42Appointment of [F44approved mental health professionals] .]
[F42Section 115][F42Entry and inspection.]
[F42Section 116][F42Welfare of certain hospital patients.]
[F42Section 117][F42After-care of detained patients.]
[F42Section 130][F42Prosecutions.]

[F45Health 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)]

[F45Charges for local authority welfare services]

[F46Public Health (Control of Disease) Act 1984 (c. 22)]
[F46Section 46(2) and (5)][F46Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.]
F47. . . F47. . .
[F48Housing Act 1996 Section 213(1)(b)Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F49Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)]
[F50Sections 1 to 4, 5(5), 7 and 8].[F49Representation and assessment of disabled persons.]
[F51Housing (Scotland) Act 1987 (c. 26) section 38(b)][F51Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F52Children Act 1989,The whole Act[F53except 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.][F52Welfare reports.]
[F52Consent to application for residence order in respect of child in care.]
[F54Functions relating to special guardianship orders]
[F52Family assistance orders.]
[F52Functions under Part III of the Act (local authority support for children and families).]
[F52Care and supervision.]
[F52Protection of children.]
[F52Functions in relation to community homes, voluntary homes and voluntary organisations, [F55private] children’s homes, private arrangements for fostering children, child minding and day care for young children.]
[F52Inspection of children’s homes on behalf of Secretary of State.]
[F52Research and returns of information.]
[F52Functions in relation to children accommodated by [F56Local Health Boards][F57, Primary Care Trusts,][F58National Health Service trusts] [F59and local authorities in the exercise of education functions] or in [F55care homes, independent hospitals or schools].]
[F60National Health Service and Community Care Act 1990 (c. 19)]
[F60 Section 46 ][F60Preparation of plans for community care services.]
[F60Section 47][F60Assessment of needs for community care services.]
F61. . .F61. . .
[F62Section 166.]
[F63Carers (Recognition and Services) Act 1995 (c.12)]
[F63Section 1Assessment of ability of carers to provide care.]
[F64Education Act 1996.]
[F64Section 322....................][F64Help for [F65another local authority] in exercising functions under Part IV of the Act.]
[F66Community 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[F67 or services under the Carers and Disabled Children Act 2000].

[F68Adoption (Intercountry Aspects) Act 1999 (c.18)

[F69Sections 1 and] 2(4)

Functions under [F70regulations 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 [F71and functions under Article 9(a) to (c) of the Convention] .]

[F72Carers 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.]

[F72Assessment of carers’ needs.

Provision of services to carers.

Provision of vouchers.]

[F73Health 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.]
[F74Adoption and Children Act 2002Maintenance of Adoption Service; functions of local authority as adoption agency.]
[F75 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.]
[F76Carers (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]

[F77Children Act 2004

Sections[F789A,] 13 to 16 and 31 to 34

Functions relating to[F79targets for safeguarding and promoting the welfare of children, and to] Local Safeguarding Children Boards.]
[F80Mental Capacity Act 2005
Section 39 Instructing independent mental capacity advocate before providing accommodation for person lacking capacity
[F81Section 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]
[F81Schedule A1Any functions.]
[F82Children 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.]

Textual Amendments

F2Entry 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

F3Sch. 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.

F4Word 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)

F5Sch. 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

F9Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII

F12Words 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)

F22Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F26Entry 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)

F27Sch. 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)

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

F31Entry in Sch. 1 inserted (11.7.2006) by Childcare Act 2006 (c. 21), s. 103(1), Sch. 2 para. 1

F43Sch. 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)}

F44Sch. 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

F45Sch. 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

F47Sch. 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)

F48Sch. 1: entry substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 1; S.I. 1996/2959, art. 2

F49Sch. 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)

F52Words 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)

F55Sch. 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)

F56Sch. 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

F60Words 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.

F61Sch. 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)

F62Sch. 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

F63Sch. 1: entries inserted (1.4.1996) by 1995 c. 12, ss. 1(7), 5(2)

F64Sch. 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)

F66Sch. 1: entry added (1.4.1997) by 1996 c. 30, s. 3(3); S.I. 1997/756, art. 2

F67Sch. 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

F72Sch. 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

F73Sch. 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)

F75Sch. 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)

F76Entry 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

F77Entry 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)

F82Words 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)

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)

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.

Marginal Citations

2—4E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

Textual Amendments

F856E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

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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