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The Contracting Out (Local Authorities Social Services Functions) (England) Order 2011

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EXPLANATORY NOTE

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This Order makes provision to enable a local authority in England to authorise another person, or that person’s employees, to exercise social services functions for the purposes of, or in connection with, that person’s participation in an adult social work practice pilot (article 3) or a right to control pilot (article 4). A right to control pilot scheme is a pilot scheme provided for under section 44 (pilot schemes) of the Welfare Reform Act 2009(1).

The exercise of functions contracted out by virtue of this Order must be by, or under the supervision, of a registered social worker or by a person who has the requisite qualifications or competencies. Functions must also be exercised in accordance with relevant directions and guidance given to local authorities by the Secretary of State about the exercise of social services functions (articles 3(2) and 4(3)).

Article 5 modifies Schedule 1 to the Local Authority Social Services Act 1970. This will enable the Secretary of State to give guidance or directions to local authorities about the exercise of their functions under this Order.

An impact assessment has not been prepared for this instrument as there is no significant impact on the private and voluntary sectors.

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