F1 SCHEDULE 1F2SOCIAL SERVICES FUNCTIONS
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. |
F3 . . . | |
F3 . . . | F3 . . . |
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. |
F4. . . | F4. . . |
F5Section 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 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 3 | Provision 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 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 | F18F18 . . . 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 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. |
F23. . . | |
F23. . . | F23. . . |
Children and Young Persons Act 1969 (c. 54) | |
F25F26Care and other treatment of children and young persons through court proceedings; . . . . . . | |
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. |
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 1976 | Functions 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 unitsfor 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 | |
F43Section 115 | F43Entry and inspection. |
F43Section 116 | F43Welfare of certain hospital patients. |
F43Section 117 | F43After-care of detained patients. |
F43Section 130 | F43Prosecutions. |
F46Section 130A | Making 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 ActF55except 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 residence order in respect of child in care. | |
F56Functions 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, F57private 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 F58pursuant 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 orby F59Local Health BoardsF60, F61...F62National Health Service trustsF63and local authorities in the exercise of education functions or in F57care homes, independent hospitals or schools. | |
F64National Health Service and Community Care Act 1990 (c. 19) | |
F64 Section 46 | F64Preparation of plans for community care services. |
F64Section 47 | F64Assessment of needs for community care services. |
F65. . . | F65. . . |
F66 [Section 166.] | |
F67Carers (Recognition and Services) Act 1995 (c.12) | |
F67Section 1 | Assessment of ability of carers to provide care. |
F68Education Act 1996. | |
F68Section 322.................... | F68Help for F69another local authority in exercising functions under Part IV of the Act. |
F70Community 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 servicesF71 or services under the Carers and Disabled Children Act 2000. |
F72Adoption (Intercountry Aspects) Act 1999 (c.18) F73Sections 1 and 2(4) | Functions under F74regulations 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 F75and functions under Article 9(a) to (c) of the Convention . |
F76Carers 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. | F76Assessment of carers’ needs. Provision of services to carers. Provision of vouchers. |
F77Health 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. | |
F78Adoption and Children Act 2002 | Maintenance of Adoption Service; functions of local authority as adoption agency. |
F79 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. |
F80Carers (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 |
F81Children Act 2004 SectionsF829A, 13 to 16 and 31 to 34 | Functions relating toF83targets for safeguarding and promoting the welfare of children, and to Local Safeguarding Children Boards. |
F84Mental Capacity Act 2005 | |
Section 39 | Instructing independent mental capacity advocate before providing accommodation for person lacking capacity |
F85Section 39A | Instructing independent mental capacity advocate when giving an urgent authorisation, or making a request for a standard authorisation, under Schedule A1 to the Act. |
Section 39C | Instructing independent mental capacity advocate when no representative for relevant person under Part 10 of Schedule A1 to the Act. |
Section 39D | Instructing independent mental capacity advocate when representative for relevant person under Part 10 of Schedule A1 to the Act is not being paid. |
Section 49 | Reports in proceedings |
F85Schedule A1 | Any functions. |
F86Children 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. |
F87Social Care Charges (Wales) Measure 2010 | |
Sections 1, 2 and 4 to 12 | Charges for local authority |
F88Carers Strategies (Wales) Measure 2010 | Preparation 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. |
F89Legal Aid, Sentencing and Punishment of Offenders Act 2012 | |
Section 92 | Functions in relation to a child remanded to local authority accommodation. |
SCHEDULE 2 Minor and Consequential Amendments of Enactments
The Children and Young Persons Act 1933 (c. 12)
1
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).”
2—4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91
F926
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93
8
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”.
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94
The Children and Young Persons Act 1963 (c. 37)
10
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”.
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95
The Chronically Sick and Disabled Persons Act 1970 (c. 44)
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)”.
(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)”.
