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Local Authority Social Services Act 1970

1970 CHAPTER 42

An Act to make further provision with respect to the organisation, management and administration of local authority social services; to amend the Health Visiting and Social Work (Training) Act 1962; and for connected purposes.

[29th May 1970]

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Modifications etc. (not altering text)

C1 Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1 Act not in force at Royal Assent see s. 15(4); Act wholly in force at 26.5.1971

1 Local authorities. E+W

The local authorities for the purposes of this Act shall be the councils of [F1 non-metropolitan counties, metropolitan districts] and London boroughs and the Common Council of the City of London [F2 but, in relation to Wales, shall be the councils of counties and county boroughs].

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Amendments (Textual)

F1 Words substituted by Local Government Act 1972 (c. 70), s. 195(1)

F2 Words in s. 1 added (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 7 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 3

Modifications etc. (not altering text)

C3 S. 1 amended by Local Government Act 1972 (c. 70), s. 195(3)

[F3 1A Meaning of “social services functions”. E+W

For the purposes of this Act the social services functions of a local authority are—

(a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and

(b) such other of their functions as the Secretary of State may designate by an order made under this section.]

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Amendments (Textual)

F3 S. 1A inserted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 102(3), 108(4)-(7); S.I. 2000/2849, art. 2(a)

2 Local authority to establish social services committee. E+W

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F4 S. 2 repealed (1.4.2005 for E. and 1.4. 2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I. 2006/885, art. 2(2)(f)(h)

Modifications etc. (not altering text)

C4 S. 2 saved by Local Government Act 1972 (c. 70), s. 101(8)(9); amended by Guardianship Act 1973 (c. 29), s. 2(8)

[F5 3 Business of Social Services Committee. E+W

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F5 S. 3 substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 183(1)

F6 S. 3 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I. 2006/885, art. 2(2)(f)(h)

3A Power of local authority to refer or delegate to social services committee. E+W

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7 S. 3A inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), s. 183(2)

F8 S. 3A repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/ 394, {art. 2(2)(f)(g)}; S.I. 2006/885, art. 2(2)(f)(h)

4 Joint committees and sub-committees. E+W

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F9 S. 4 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I. 2006/885, art. 2(2)(f)(h)

5 Membership of committees and sub-committees. E+W

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F10 S. 5 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I. 2006/885, art. 2(2)(f)(h)

6 The director of social services. E+W

(1) A local authority shall appoint an officer, to be known as the director of social services, for the purposes of their social services functions.

(2) Two or more local authorities may, if they consider that the same person can efficiently discharge, for both or all of them, the functions of director of social services, concur in the appointment of a person as director of social services for both or all of those authorities.

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

F12 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A local authority which have appointed, or concurred in the appointment of, a director of social services, shall secure the provision of adequate staff for assisting him in the exercise of his functions.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(8) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F11 S. 6(3)(4) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

F12 S. 6(5) repealed (E.) (26.10.2000) (W.) and (28.7.2001) by 2000 c. 22, ss. 102(2), 107, 108(4)-(7), Sch. 6; S.I. 2000/2849, art. 2(g)(iii)

F13 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

F14 S. 6(8) repealed (22.7.2004) by Statute Law Repeals Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

Modifications etc. (not altering text)

C5 S. 6 saved by Local Government Act 1972 (c. 70), s. 112(3)(4)

7 Local authorities to exercise social services functions under guidance of Secretary of State. E+W

(1) Local authorities shall, in the exercise of their social services functions, including the exercise of any discretion conferred by any relevant enactment, act under the general guidance of the Secretary of State.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

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Amendments (Textual)

F15 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C6 S. 7 applied (19.12.2001 for E. otherwise 1.3.2007) by 2001 c. 15, ss. 45(10)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/4149, art. 2; S.I. 2006/1407, art. 2, {Sch. 1Pt. 2 para. 8(a)}

C7 S. 7 applied (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 77(11)(a), 277

S. 7 applied (1.3.2007) by National Health Service (Wales) 2006 (c. 42), ss. 35(11)(a), 208 (with s. 19(3))

7A Directions by the Secretary of State as to exercise of social services functions. E+W

(1) Without prejudice to section 7 of this Act, every local authority shall exercise their social services functions in accordance with such directions as may be given to them under this section by the Secretary of State.

(2) Directions under this section—

(a) shall be given in writing; and

(b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally.

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Amendments (Textual)

F16 Ss. 7A–7E inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 50

Modifications etc. (not altering text)

C8 S. 7A applied (19.12.2001 for E. otherwise 1.3.2007) by 2001 c. 15, ss. 45(10)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/4149, art. 2; S.I. 2006/1407, art. 2, Sch. 1 Pt. 2 para. 8(a)

C9 S. 7A applied (1.3.2006) by National Health Service Act 2006 (c. 41), ss. 77(11)(b), 277

S. 7A applied (1.3.2006) by National Health Service (Wales) Act 2006 (c. 42), ss. 35(11)(b), 208 (with s. 19(3))

7B Complaints procedure E+W

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F17 S. 7B repealed (1.9.2006 for E. and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199(1), {Sch.14 Pt. 2 }; S.I. 2006/1680, art. 3(d)

7C F18 Inquiries E+W

(1) The Secretary of State may cause an inquiry to be held in any case where, whether on representations made to him or otherwise, he considers it advisable to do so in connection with the exercise by any local authority of any of their social services functions (except in so far as those functions relate to persons under the age of eighteen).

(2) Subsections (2) to (5) of section 250 of the M1 Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to an inquiry under that section.

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Amendments (Textual)

F18 Ss. 7A-7E inserted by National Health Service and Community Care Act 1990 (c.19,SIF 113:2), s. 50

Marginal Citations

M1 1972 c.70 (81:1).

7D F19 Default powers of Secretary of State as respects social services functions of local authorities. E+W

(1) If the Secretary of State is satisfied that any local authority have failed, without reasonable excuse to comply with any of their duties which are social services functions (other than a duty imposed by or under the Children Act M2 1989 [F20 section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002]), he may make an order declaring that authority to be in default with respect to the duty in question.

(2) An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with within such period as may be specified in the order as appear to the Secretary of State to be necessary.

(3) Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.

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Amendments (Textual)

F19 Ss. 7A-7E inserted by National Health Service and Community Care Act 1990 (c. 19,SIF 113:2), s. 50

F20 Words in s. 7D inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 13 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 3(l); S.I. 2005/3112, art. 2(g)

Marginal Citations

M2 1989 c.41 (20).

7E F21 Grants to local authorities in respect of social services for the mentally ill. E+W

The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities incurred in connection with the exercise of their social services functions in relation to persons suffering from mental illness.]

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Amendments (Textual)

F21 Ss. 7A-7E inserted by National Health Service and Community Care Act 1990 (c. 19,SIF 113:2), s. 50

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W

Annotations:

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Amendments (Textual)

F22 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

9 Protection of interests, etc. of local authority staffs. E+W

(1) The Secretary of State shall by order make provision for the protection of the interests of any existing staff affected by the provisions of section 2 or 6 of this Act, and that order may contain provisions applying, amending or repealing any provision made by or under any enactment and relating to the conditions of service of, or the payment of superannuation or other benefits to or in respect of, existing staff.

(2) Regulations under section 60(2) of the M3 Local Government Act 1958 (provision to be made by regulations for the payment of compensation in certain cases) may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to the provisions of section 2 or 6 of this Act.

(3) Regulations made by virtue of subsection (2) above may be so framed as to have effect from a date earlier than that on which they are made, so however that so much of any regulations as provides that any provision thereof is to have effect from a date earlier than that on which they are made shall not place any person (other than the person required by the regulations to pay compensation) in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made.

(4) In this section “existing staff” means—

(a) persons who both immediately before and immediately after the coming into force in the area of a local authority of section 2 or 6 of this Act are employed by the authority in connection with the discharge by the authority of any function which immediately after the coming into force in that area of the said section 2 or 6, as the case may be, is a social services function of the authority; and

(b) persons who both immediately before and immediately after the coming into force in the area of a local authority of—

(i) an order under section 2(2) of this Act, or

(ii) a direction under section 2(4) thereof, not being a direction which comes into force in that area on the same date as that on which that section comes into force therein,

are employed by the authority in connection with the discharge by the authority of any function to which the order or direction, as the case may be, relates.

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Marginal Citations

M3 1958 c. 55.

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

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Amendments (Textual)

F23 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 E+W

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Amendments (Textual)

F24 S. 11 repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I

12 Isles of Scilly. E+W

(1) The Secretary of State may by order direct that this Act shall have effect as if the Council of the Isles of Scilly were a local authority for the purposes of this Act.

(2) In its application to the Isles of Scilly by virtue of an order made under this section, this Act shall have effect with such modifications as may be specified in the order.

13 Orders and regulations. E+W

(1) Orders . . . F25 of the Secretary of State under this Act shall be made by statutory instrument.

(2) Any order made under any provision of this Act, except an order under section 14(3), may be varied or revoked by a subsequent order so made.

(3) In the case of a statutory instrument containing an order under section [F26 1A] or 14(3) of this Act . . . , a draft of the instrument shall be laid before Parliament, and an instrument containing an order under the said section [F26 1A] shall not be made unless the draft has been approved by a resolution of each House of Parliament.

(4) A statutory instrument containing an order under section 9(1) or 12 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Any order . . . under this Act may be made so as to apply to England only or to Wales only.

For the purposes of this subsection, Monmouthshire shall be deemed to be part of Wales and not of England.

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Amendments (Textual)

F25 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

F26 Words in s. 13(3) substituted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 107, 108(4)-(7), Sch. 5 para. 5; S.I. 2000/2849, art. 2

14 Minor and consequential amendments, repeals and saving for certain schemes. E+W

(1) The enactments specified in Schedule to this Act shall have effect subject to the ammendments specified in relation thereto in that Schedule, being minor ammendments and ammendments consequential on the provisions of this Act.

(2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

(3) The Secretary of State may by order repeal or amend any provision in any local Act, including an Act confirming a provisional order, or in an instrument in the nature of a local enactment under any Act, where it appears to him that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.

(4) F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F27 S. 14(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

Modifications etc. (not altering text)

C10 The 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.

15 Citation, interpretation, commencement and extent. E+W+N.I.

(1) This Act may be cited as the Local Authority Social Services Act 1970.

(2) In this Act “functions” includes powers and duties and “social services functions” has the meaning given by section [F28 1A] . . . F29 of this Act. Any reference in this Act to an enactment shall be construed as including a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(3) Any reference in this Act to an enactment shall be construed as including a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(4) F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This Act, . . . F32 , shall not extend to Scotland.

(7) This Act, except . . . this subsection, shall not extend to Northern Ireland; . . . F33 ]]

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Amendments (Textual)

F28 Words in s. 15(2) substituted (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 107, 108(4)-(7), Sch. 5 para. 6; S.I. 2000/2849, art. 2(a)

F29 Word “(3)” repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

F30 S. 15(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

F31 S. 15(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

F32 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I

F33 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

SCHEDULES

Section 2.

SCHEDULE 1 E+W [F34 SOCIAL SERVICES FUNCTIONS]

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Subordinate Legislation Made

P1 Sch. 1: power to amend conferred (15.1.2004) by Children Act 2004 (c. 31), {ss. 45(14)(b), 46,47}

Amendments (Textual)

F34 Sch. 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(2)(f)

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.
. . . F35
. . .	. . .
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.
. . .F36	. . .
Sections 43 to 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 [F37 deputy] for certain patients.
. . . F38	. . .
Section 56(3) except so far as it relates to an offence under section 47(11).	Prosecution of offences.
. . . F39	. . .
. . . F40	. . .
F41 . . .	. . .
Disabled Persons (Employment) Act 1958 (c. 33)
Section 3	Provision of facilities for enabling disabled persons to be employed or work under special conditions.
. . . F42	. . .
. . . F43	. . .
Mental Health Act 1959 (c. 72) [F44 section 8]... .	[F45 Welfare and accommodation of mentally disordered persons]
. . . F46
. . . F47
. . .
[F48 Mental 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	. . . F49 powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . .
. . . F50	. . .
. . . F51	. . .
. . . F52
. . .	. . .
Health Services and Public Health Act 1968 (c. 46)
. . . F53	. . .
. . .	. . .
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.
F54 ...
...	...
Children and Young Persons Act 1969 (c. 54)
The whole Act except [F55 section 9]in so far as they assign functions to a local authority in their capacity of a local education authority.	Care and other treatment of children and young persons through court proceedings; . . . F56 F57 . . .
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.
[F58 Sections 6 and 7B of this Act]	[F58 Appointment of [F59 director of adult social services or] director of social services, etc; provision and conduct of complaints procedure.]
[F60 . . .]	[F60 . . .]
[F61 Children Act 1975 (c.72)]
. . . F62	. . .
[F61 Part II]	[F61 Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.]
[F63 Adoption 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.]
F64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F65 Supplementary Benefits Act 1976, Schedule 5]	[F65 Provision and maintenance of [F66 resettlement units]for persons without a settled way of living.]
. . . F67	. . .
[F68 National Health Service Act 1977, Schedule 8]	[F68 Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.]
[F69 . . .]	[F69 . . .]
[F70 . . .]	[F70 . . .]
[F71 . . .]	[F71 . . .]
. . . F72	. . .
. . . F73	. . .
[F74 Mental Health Act 1983 (c. 20)]
[F74 Parts II, III and VI]	[F74 Welfare 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.]
[F74 Sections 66, 67, 69(1)]	[F74 Exercise of functions of nearest relative in relation to applications and references to [F75 the First-tier Tribunal or the Mental Health Review Tribunal for Wales] .]
[F74 Section 114]	[F74 Appointment of [F76 approved mental health professionals] .]
[F74 Section 115]	[F74 Entry and inspection.]
[F74 Section 116]	[F74 Welfare of certain hospital patients.]
[F74 Section 117]	[F74 After-care of detained patients.]
[F74 Section 130]	[F74 Prosecutions.]
[F77 Health 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)]	[F77 Charges for local authority welfare services]
[F78 Public Health (Control of Disease) Act 1984 (c. 22)]
[F78 Section 46(2) and (5)]	[F78 Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.]
F79 ...	...
[F80 Housing Act 1996 Section 213(1)(b)	Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F81 Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)]
[F81 Sections 1 to 5, 7 and 8 except in so far as they assign functions to a local authority in their capacity as a local education authority.]	[F81 Representation and assessment of disabled persons.]
[F82 Housing (Scotland) Act 1987 (c. 26) section 38(b)]	[F82 Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F83 Children Act 1989,The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.]	[F83 Welfare reports.]
	[F83 Consent to application for residence order in respect of child in care.]
	[F84 Functions relating to special guardianship orders]
	[F83 Family assistance orders.]
	[F83 Functions under Part III of the Act (local authority support for children and families).]
	[F83 Care and supervision.]
	[F83 Protection of children.]
	[F83 Functions in relation to community homes, voluntary homes and voluntary organisations, [F85 private] children’s homes, private arrangements for fostering children, child minding and day care for young children.]
	[F83 Inspection of children’s homes on behalf of Secretary of State.]
	[F83 Research and returns of information.]
	[F83 Functions in relation to children accommodated by [F86 Local Health Boards][F87 , Primary Care Trusts,][F88 National Health Service trusts] and local education authorities or in [F85 care homes, independent hospitals or schools].]
[F89 National Health Service and Community Care Act 1990 (c. 19)]
[F89 Section 46]	[F89 Preparation of plans for community care services.]
[F89 Section 47]	[F89 Assessment of needs for community care services.]
F90 . . .	. . .
[F91 Section 166.]
[F92 Carers (Recognition and Services) Act 1995 (c.12)]
[F92 Section 1	Assessment of ability of carers to provide care.]
[F93 Education Act 1996.]
[F93 Section 322....................]	[F93 Help for local education authority in exercising functions under Part IV of the Act.]
[F94 Community 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[F95 or services under the Carers and Disabled Children Act 2000].
[F96 Adoption (Intercountry Aspects) Act 1999 (c.18) [F97 Sections 1 and] 2(4)	Functions under [F98 regulations 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 [F99 and functions under Article 9(a) to (c) of the Convention] .]
[F100 Carers 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.]	[F100 Assessment of carers’ needs. Provision of services to carers. Provision of vouchers.]
[F101 Health 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.]
[F102 Adoption and Children Act 2002	Maintenance of Adoption Service; functions of local authority as adoption agency.]
[F103 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.]
[F104 Carers (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]
[F105 Children Act 2004 Sections 13 to 16 and 31 to 34	Functions relating to Local Safeguarding Children Boards.]
[F106 Mental Capacity Act 2005
Section 39	Instructing independent mental capacity advocate before providing accommodation for person lacking capacity
Section 49	Reports in proceedings]

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Amendments (Textual)

F35 Entry 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

F36 Sch. 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.

F38 Words repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F39 Entry repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

F40 Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F41 Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII

F42 Entry repealed by Foster Children Act 1980 (c. 6), s. 23(3), Sch. 3

F43 Entry repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Schs. 2, 4

F46 Words repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch. and National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F47 Entry repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), Sch. 2 para. 27, Sch. 3 (subject to savings in Sch. 1)

F49 Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F50 Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F51 Words repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 11, Sch. 3

F52 Entry repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2)(3), Sch. 7 para. 18, Sch. 8 Pt. I

F53 Words repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16

F54 Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F56 Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F57 Words in Sch. 1 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F62 Paragraph relating to Pt. I of Children Act 1975 (c. 72, SIF 49: 9, 10) repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2) Schs. 2, 4

F64 Entry in Sch. 1 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139(2)(3), 148, Sch. 3 para. 14(a), Sch. 5 (with Sch. 4 para. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)

F67 Entry added by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(2) and repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61),s. 3, Sch. 1 Pt. I

F72 Entry added by Residential Homes Act 1980 (c. 7), Sch. 1 para. 4, and fell by virtue of the repeal of that 1980 Act by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30(1), Sch. 10 Pt. I

F73 Entry added by Mental Health Amendment Act 1982 (c. 51, SIF 20), Sch. 3 para. 45 and repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(c), Sch. 6

F79 Sch. 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)

F90 Sch. 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)

F91 Sch. 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

Modifications etc. (not altering text)

C11 Sch. 1: entry excluded (9.7.2003) by The Community Care Plans (Disapplication) (England) Order 2003 (S.I. 2003/1716), art. 2(b)

Section 14.

SCHEDULE 2 E+W Minor and Consequential Amendments of Enactments

The Children and Young Persons Act 1933 (c. 12) E+W

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 M4 Children 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).” E+W

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Modifications etc. (not altering text)

C12 The 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

M4 1948 c. 43.

2—4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107 E+W

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Amendments (Textual)

F107 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108 E+W

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Amendments (Textual)

F108 Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F109 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

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Amendments (Textual)

F109 Sch. 2 para. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110 E+W

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Amendments (Textual)

F110 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

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 M5 Children 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”. E+W

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Modifications etc. (not altering text)

C13 The 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

M5 1969 c. 54.

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111 E+W

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Amendments (Textual)

F111 Ss. 6(7), 7(2)(3), 8, 10, Sch. 2 paras. 2–4, 7, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

The Children and Young Persons Act 1963 (c. 37) E+W

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”. E+W

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Modifications etc. (not altering text)

C14 The 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.

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112 E+W

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Amendments (Textual)

F112 Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

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)”.

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Modifications etc. (not altering text)

C15 The 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 3 E+W Repeals

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Modifications etc. (not altering text)

C16 The 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.