SCHEDULE 1F1SOCIAL 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. |
F2 . . . | |
F2 . . . | F2 . . . |
National Assistance Act 1948 (c. 29) | |
F3. . . | F3. . . |
F3. . . | F3. . . |
F4. . . | F4. . . |
F3. . . | F3. . . |
F3. . . | F3. . . |
Section 49 | Defraying 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 3 | Provision 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 10 | Welfare of certain persons while in hospital in Scotland. |
Health Visiting and Social Work (Training) Act 1962 (c. 33) | |
Section 5(1)(b) F17.... | Research into matters relating to local authority welfare services. |
Children and Young Persons Act 1963 (c. 37) | |
Part I | F18 . . . 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 . . . |
F23. . . | F23. . . |
F24. . . | |
F24. . . | F24. . . |
F25. . . | |
F25. . . | F25. . . |
Children and Young Persons Act 1969 (c. 54) | |
The whole Act .F26 . . . | Care and other treatment of children and young persons through court proceedings; F27 . . . F28 . . . |
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 servicesF29; providing information about certain welfare services. |
Section 2 | Provision of certain welfare services. |
F30Section 2A | Welfare services: transition for children to adult care and support in England. |
Section 18 | Provision of certain information required by Secretary of State. |
F31Sections 6 and 7B of this Act | F31 Appointment of F32 director of adult social services or director of social services, etc ; provision and conduct of complaints procedure. |
F33 . . . | F33 . . . |
F34. . . | |
F35 . . . | F35 . . . |
F34. . . | F34. . . |
F36Adoption 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. |
F37 . . . | F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F38. . . | F38. . . |
F39 . . . | F39 . . . |
F40. . . | F40. . . |
F41. . . | F41. . . |
F42. . . | F42. . . |
F43. . . | F43. . . |
F44. . . | F44. . . |
F45. . . | F45. . . |
F46Mental Health Act 1983 (c. 20) | |
F46 Parts II, III and VI | F46Welfare 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. |
F46Sections 66, 67, 69(1) | F46Exercise of functions of nearest relative in relation to applications and references to F47the First-tier Tribunal or the Mental Health Review Tribunal for Wales . |
F46Section 114 | |
F46Section 115 | F46Entry and inspection. |
F46Section 116 | F46Welfare of certain hospital patients. |
F46Section 117 | F46After-care of detained patients. |
F49Section 117A | Functions under regulations about provision of preferred accommodation under section 117. |
F46Section 130 | F46Prosecutions. |
F50Section 130A | Making arrangements to enable independent mental health advocates to be available to help qualifying patients |
F51. . . | F51. . . |
F52Public Health (Control of Disease) Act 1984 (c. 22) | |
F52Section 46(2) and (5) | F52Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate. |
F53. . . | F53. . . |
F54Housing Act 1996 Section 213(1)(b) | Co-operation in relation to homeless persons and persons threatened with homelessness. |
F55Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) | |
F55Representation and assessment of disabled persons. | |
F59Housing (Scotland) Act 1987 (c. 26) section 38(b) | F59Co-operation in relation to homeless persons and persons threatened with homelessness. |
F60Children Act 1989,The whole Act F61except 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. | F60Welfare reports. |
F60Consent to application for F62child arrangements order in respect of child in care. | |
F63Functions relating to special guardianship orders | |
F60Family assistance orders. | |
F60Functions under Part III of the Act (local authority support for children and families). | |
F60Care and supervision. | |
F60Protection of children. | |
F60Functions in relation to community homes, voluntary homes and voluntary organisations, F64private children’s homes, private arrangements for fostering children, child minding and day care for young children. | |
F60Inspection of children’s homes on behalf of Secretary of State. | |
F60Research and returns of information. | |
F60Functions in relation to children accommodated F65pursuant 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 or by F66Local Health Boards, F67. . . F68National Health Service trustsF69and local authorities in the exercise of education functions or in F64care homes, independent hospitals or schools. | |
F70National Health Service and Community Care Act 1990 (c. 19) | |
F71. . . | F71. . . |
F70Section 47 | F70Assessment of needs for community care services. |
F72. . . | F72. . . |
F73 Section 166. | |
F74Carers (Recognition and Services) Act 1995 (c.12) | |
F74Section 1 | Assessment of ability of carers to provide care. |
F75Education Act 1996. | |
F75Section 322.................... | F75Help for F76another local authority in exercising functions under Part IV of the Act. |
F77Community 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 servicesF78 or services under the Carers and Disabled Children Act 2000. |
F79Adoption (Intercountry Aspects) Act 1999 (c.18) | |
F80Sections 1 and 2(4) | Functions under F81regulations 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 F82and functions under Article 9(a) to (c) of the Convention. |
F83. . . | F83. . . |
F84Health and Social Care Act 2001 | |
Part 4 in so far as it confers functions on a local authority in F85 ... 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. | |
F86Adoption and Children Act 2002 | Maintenance of Adoption Service; functions of local authority as adoption agency. |
F87 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. |
F88. . . | |
F88. . . | F88. . . |
F89Children Act 2004 | Functions relating to F93F94...safeguarding and promoting the welfare of childrenF95... |
F96Mental Capacity Act 2005 | |
Section 39 | Instructing independent mental capacity advocate before providing accommodation for person lacking capacity |
F97Section 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 |
F97Schedule A1 | Any functions. |
F98. . . | |
F98. . . | F98. . . |
F99Children 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. |
F100. . . | |
F100. . . | F100. . . |
F101. . . | F101. . . |
F102. . . | F102. . . |
F103Legal Aid, Sentencing and Punishment of Offenders Act 2012 | |
Section 92 | Functions in relation to a child remanded to local authority accommodation. |
F104Care Act 2014 Part 1, except section 78, so far as that Part and regulations under it give functions to local authorities in England | General responsibilities in relation to care and support services. Assessing and meeting needs for care and support, and carers’ needs. Direct payments, deferred payment agreements and loans. Continuity of care and ordinary residence. Safeguarding adults. Provider failure. Children in transition to adult care and support. Independent advocacy support. Recovery of charges. Appeals against local authority decisions. Discharge of hospital patients. Registers. Delegation of functions. |
F105Children and Social Work Act 2017 | |
Section 2 | Local offer for care leavers. |
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107
F1086
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111
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)”.
