The Health and Social Care Act 2008 (Regulated Care Functions) Regulations 2023

Prescribed “regulated care functions” under Part 1 of the Care Act 2014

2.—(1) For the purpose of section 46A(2) of the Health and Social Care Act 2008, the functions of English local authorities under the provisions in Part 1 of the Care Act 2014 (functions relating to adult social care in England)(1) listed in paragraph (2), including any functions in regulations made under those provisions, are prescribed as “regulated care functions”.

(2) The provisions referred to in paragraph (1) are—

(a) sections 1 to 7 (General responsibilities of local authorities)(2);

(b) sections 9 to 13 (Assessing needs);

(c) sections 14(1) and (3) to (8) and 17(1) and (3) to (13) (Charging and assessing financial resources);

(d) sections 18(1)(a) and (c), (2) to (4), (6), (7) and 19 and 20 (Duties and powers to meet needs);

(e) sections 24(1) and (2), 25, 26(1) and (3), 27 and 30 (Next steps after assessments);

(f) sections 31 to 33 (Direct payments);

(g) sections 37(1), (3), (4), (5)(a), (e), (f), (6) to (15) and 38(1)(a) and (2) to (8) (Continuity of care and support when adult moves);

(h) sections 42 and 43 (Safeguarding adults at risk of abuse or neglect);

(i) section 48 (Provider failure);

(j) sections 58 to 65 (Transition for children to adult care and support, etc)(3);

(k) sections 67 and 68 (Independent advocacy support)(4); and

(l) sections 77 to 79 (Miscellaneous).

(1)

2014 c. 23.

(2)

Section 6 was amended by the Health and Care Act 2022, section 1 and Schedule 1, paragraph 1(1) and (2) and section 32 and Schedule 4, paragraphs 193 and 194.

(3)

Section 62 was amended by regulation 293 of S.I. 2016/413.

(4)

Section 67 was amended by the Data Protection Act 2018 (c. 12), section 211(1)(a) and Schedule 19, paragraph 187 and by S.I. 2018/195, regulations 47 and 50.