Children and Young Persons Act 2008

2 Restrictions on arrangements under section 1

(1) A local authority must not enter into arrangements under section 1 for the discharge of an excluded function.

(2) The excluded functions are—

(a) the local authority’s functions in relation to independent reviewing officers; and

(b) its functions as an adoption agency (unless the other party to the arrangements is a registered adoption society).

(3) The functions referred to in subsection (2)(a) are the local authority’s functions under—

(a) regulations made under section 26 of the 1989 Act by virtue of subsection (2)(k) of that section (provision for appointment by local authority of a person to carry out certain functions in review of case of child looked after by the authority);

(b) section 25A of the 1989 Act (appointment of independent reviewing officer).

(4) A restriction imposed on a local authority by reference to its area applies to a provider of social work services as if the provider has the same area as the authority.

(5) A local authority must not enter into arrangements under section 1 unless it is satisfied that the functions to which the arrangements relate will be discharged by, or under the supervision of, registered social workers.

(6) “Registered social worker” means a person registered as a social worker—

(a) in a register maintained under section 56 of the 2000 Act;

(b) in the register maintained by the Scottish Social Services Council under section 44 of the Regulation of Care (Scotland) Act 2001 (2001 asp 8); or

(c) in the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3).

(7) “Registered adoption society” has the meaning given by section 2(2) of the Adoption and Children Act 2002 (c. 38).