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)

Modifications etc. (not altering text)

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)
F3. . .F3. . .
F3. . .F3. . .
F4. . .F4. . .
F3. . .F3. . .
F3. . .F3. . .
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)
F17 Section 5(1)(b) ....Research into matters relating to local authority welfare services.
Children and Young Persons Act 1963 (c. 37)
Part IF18 . . . 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)
F26 The whole Act . . . .F27F28Care and other treatment of children and young persons through court proceedings; . . . . . .
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[F29; providing information about certain welfare services].
Section 2Provision of certain welfare services.
[F30Section 2AWelfare services: transition for children to adult care and support in England.]
Section 18Provision 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 1976Functions 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][F46Appointment of [F48approved mental health professionals] .]
[F46Section 115][F46Entry and inspection.]
[F46Section 116][F46Welfare of certain hospital patients.]
[F46Section 117][F46After-care of detained patients.]
[F49Section 117AFunctions under regulations about provision of preferred accommodation under section 117.]
[F46Section 130][F46Prosecutions.]
[F50Section 130AMaking 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)]
[F56Sections [F571, 2 and 4], 5(5), [F58and 7]].[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.]
F65[F60Functions in relation to children accommodated [F66pursuant to arrangements made by the Secretary of State, [F67NHS England] or [F68an integrated care board] under the National Health Service Act 2006 or] by [F69Local Health Boards], . . . [F70National Health Service trusts] [F71and local authorities in the exercise of education functions] or in [F64care homes, independent hospitals or schools].]
[F72National Health Service and Community Care Act 1990 (c. 19)]
F73. . .F73. . .
[F72Section 47][F72Assessment of needs for community care services.]
F74. . .F74. . .
[F75 Section 166.]
[F76Carers (Recognition and Services) Act 1995 (c.12)]
[F76Section 1Assessment of ability of carers to provide care.]
[F77Education Act 1996.]
F78. . .F78. . .
[F79Community 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[F80 or services under the Carers and Disabled Children Act 2000].
[F81Adoption (Intercountry Aspects) Act 1999 (c.18)
[F82Sections 1 and] 2(4)Functions under [F83regulations 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 [F84and functions under Article 9(a) to (c) of the Convention].]
F85. . .F85. . .
[F86Health and Social Care Act 2001
F87 Part 4 in so far as it confers functions on a local authority in ... 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.]
[F88Adoption and Children Act 2002Maintenance of Adoption Service; functions of local authority as adoption agency.]
F89. . . 
F89. . .F89. . .
F90. . .
F90. . .F90. . .

[F91Children Act 2004

Sections[F929A,] [F93and [F9416A to 16Q]]

F95F96Functions relating to [F97...safeguarding and promoting the welfare of children...]]
[F98Mental Capacity Act 2005
Section 39 Instructing independent mental capacity advocate before providing accommodation for person lacking capacity
[F99Section 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]
[F99Schedule A1Any functions.]
F100. . .
F100. . .F100. . .
[F101Children 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.]
F102. . .
F102. . .F102. . .
F103. . .F103. . .
F104. . .F104. . .
[F105Legal Aid, Sentencing and Punishment of Offenders Act 2012
Section 92Functions in relation to a child remanded to local authority accommodation.]

[F106Care 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.]

[F107Children and Social Work Act 2017
Section 2 Local offer for care leavers.]

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

F4Sch. 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.

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)

F25Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F31Entry 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)

F32Sch. 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)

F36Entry in Sch. 1 inserted (11.7.2006) by Childcare Act 2006 (c. 21), s. 103(1), Sch. 2 para. 1

F47Sch. 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)}

F48Sch. 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

F53Sch. 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)

F54Sch. 1: entry substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 1; S.I. 1996/2959, art. 2

F55Sch. 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)

F60Words 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)

F62Words in Sch. 1 substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 44; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F64Sch. 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)

F69Sch. 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

F72Words 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.

F74Sch. 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)

F75Sch. 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

F76Sch. 1: entries inserted (1.4.1996) by 1995 c. 12, ss. 1(7), 5(2)

F77Sch. 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)

F78Words in Sch. 1 omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 1; S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F79Sch. 1: entry added (1.4.1997) by 1996 c. 30, s. 3(3); S.I. 1997/756, art. 2

F80Sch. 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

F86Sch. 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)

F91Entry 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)

F101Words 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)

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)

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.

Marginal Citations

2—4E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

Textual Amendments

5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109

Textual Amendments

F1106E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

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)

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.

Marginal Citations

9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

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)

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.

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

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)

C7The 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)

C8The 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.