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

Contracting out: right to control pilot scheme

4.—(1) Subject to paragraph (3), a function under section 47(1) to (3) of the 1990 Act (assessment of needs for community care services)(1) in relation to review cases may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by a local authority falling within paragraph (2) and whose function it is.

(2) A local authority falls within this paragraph if it is a local authority that is included in the Schedule to the Community Care Services: Disabled People’s Choice and Control (Pilot Scheme) (England) Directions 2010(2) (“the 2010 Directions”).

(3) An authorisation given to a person by virtue of paragraph (1) may authorise the exercise of a function under section 47(1) to (3) of the 1990 Act in relation to review cases, and a person (or the employees of a person) to whom such an authorisation is given may exercise such a function, only where—

(a) the exercise of the function is to take place at a time when the 2010 Directions have effect in relation to the authority;

(b) the function is to be exercised only in relation to a disabled person who is aged 18 or over;

(c) the function is to be exercised by a person who has the qualifications or competencies which the local authority considers to be requisite for the exercise of the function; and

(d) the function is to be exercised in accordance with relevant directions and guidance given to local authorities by the Secretary of State about the exercise of functions under section 47(1) to (3) of the 1990 Act.

(4) In this article—

“disabled person” has the meaning given in section 47(8) of the 1990 Act; and

“review cases” are assessments carried out under section 47(1)(a) of the 1990 Act in respect of persons who are in receipt of community care services (within the meaning of section 46(3) of that Act (local authority plans for community care services)(3)) at the time that the assessment is carried out.

(1)

1990 c.19. Section 47 has been amended by the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 81; the National Health Service Reform and Health Care Professions Act 2002 (c.17), Schedule 2, paragraphs 53 and 56; and the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraphs 128 and 130.

(2)

A copy of these Directions may be found at http://odi.dwp.gov.uk/docs/wor/rtc/rtc-directions.pdf or can be obtained from the Department of Health, Social Care Vision, Room 116, Wellington House, 133-155 Waterloo Road, London SE1 8UG.

(3)

1990 c.19. Section 46 has been amended by the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 90 and Schedule 3; and the National Health Service (Consequential Provisions) Act 2005 (c.43), Schedule 1, paragraphs 128 and 129.