SCHEDULES

SCHEDULE 1Civil legal services

Part 1Services

Community care

6

(1)

Civil legal services provided in relation to community care services.

(2)Exclusions

Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

(3)Definitions

In this paragraph—

“community care services” means services which a relevant person may provide or arrange to be provided under—

(a)

Part 3 of the National Assistance Act 1948 (“the 1948 Act”) (local authority support for children and families);

(b)

section 47 of the 1948 Act (removal to suitable premises of persons in need of care and attention);

(c)

section 48 of the 1948 Act (temporary protection for property of persons admitted to hospital);

(d)

section 45 of the Health Services and Public Health Act 1968 (arrangements for promoting welfare of old people);

(e)

section 117 of the Mental Health Act 1983 (after-care);

(f)

section 17 of the Children Act 1989 (“the 1989 Act”) (provision of services for children in need);

(g)

section 20 of the 1989 Act (provision of accommodation for children);

(h)

sections 22A, 22B, 22C and 23 of the 1989 Act (accommodation and maintenance for children in care and looked after children);

(i)

sections 23B and 23C of the 1989 Act (local authority functions in respect of relevant children);

(j)

sections 24, 24A and 24B of the 1989 Act (provision of services for persons qualifying for advice and assistance);

(k)

section 2 of the Carers and Disabled Children Act 2000 (services for carers);

(l)

section 254 of, and Schedule 20 to, the National Health Service Act 2006 (functions of local social service authorities);

(m)

section 192 of, and Schedule 15 to, the National Health Service (Wales) Act 2006 (functions of local social service authorities);

“relevant person” means—

(a)

a district council;

(b)

a county council;

(c)

a county borough council;

(d)

a London borough council;

(e)

the Common Council of the City of London;

(f)

a Primary Care Trust established under section 18 of the National Health Service Act 2006;

(g)

a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

(h)

any other person prescribed for the purposes of this paragraph.