“SCHEDULE 5LOCAL AUTHORITY SERVICES PRESCRIBED FOR JOINT WORKING UNDER SECTION 15 OF THE ACT

Regulation 4

1.

(1)

The functions of local authorities under the enactments specified in sub-paragraph (2) are prescribed for the purposes of—

(a)

delegation to an NHS body; and

(b)

use in conjunction with functions which have been delegated to an authority by an NHS body.

(2)

Those enactments are—

(a)

section 48 of the National Assistance Act 19483;

(b)

section 3 of the Disabled Persons (Employment) Act 19584;

(c)

sections 4, 5A, 5B, 12, 12A, 12AA, 12AB, 12B, 12C, 13, 13ZA, 13A, 13B, 14, 27, 27ZA, 28, 29 and 59 of the 1968 Act5;

(d)

sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 19706;

(e)

sections 22 and 23 of the Health and Social Services and Social Security Adjudications Act 19837;

(f)

sections 3, 4, 7 and 8 of the Disabled Persons (Services, Consultation and Representation) Act 19868;

(g)

sections 1 to 8 of Part I, Part II and Part XIII of the Housing (Scotland) Act 19879;

(h)

Part II of the Children (Scotland) Act 199510;

(i)

Part 1 of the Housing (Scotland) Act 200111;

(j)

section 6 of the Act;

(k)

sections 25, 26, 27 and 33 of the Mental Health (Care and Treatment) (Scotland) Act 200312;

(l)

Part 1 of the Adult Support and Protection (Scotland) Act 200713.

2.

Section 87 of the 1968 Act is prescribed for the purpose of delegation to an NHS body but only for the purpose of recovering a charge for any function which has been delegated to an NHS body by a local authority.

3.

The functions of local authorities under the following enactments are prescribed only for the purpose of use in conjunction with functions which have been delegated to an authority by an NHS body—

(a)

section 11 of the Matrimonial Proceedings (Children) Act 195814;

(b)

sections 1 and 6B of the 1968 Act15;

(c)

section 50 of the Children Act 197516;

(d)

sections 1, 4 and 125A of the Education (Scotland) Act 198017;

(e)

the Foster Children (Scotland) Act 198418;

(f)

sections 203 and 245A(11A) of the Criminal Procedure (Scotland) Act 199519;

(g)

sections 2A and 34 of the Standards in Scotland’s Schools etc. Act 200020;

(h)

the Antisocial Behaviour etc. (Scotland) Act 200421;

(i)

the Education (Additional Support for Learning) (Scotland) Act 200422;

(j)

the Adoption and Children (Scotland) Act 200723.

SCHEDULE 6NHS FUNCTIONS PRESCRIBED FOR JOINT WORKING UNDER SECTION 15 OF THE ACT

Regulation 5(1)

1.

(1)

The functions of NHS bodies under the enactments specified in sub-paragraph (2) are prescribed for the purposes of—

(a)

delegation to a local authority; and

(b)

being used in conjunction with functions which have been delegated to an NHS body by a local authority.

(2)

Those enactments are—

(a)

sections 2A, 13, 16, 16A, 16B, 25(1), 26(1), 27(1), 36, 37, 38, 38A, 38B, 39, 40, 41, 42 and 45 of the 1978 Act24;

(b)

sections 21 and 36 of the Children (Scotland) Act 1995;

(c)

sections 23 and 24 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

2.

Section 98 of the 1978 Act is prescribed for the purpose of delegation to a local authority but only for the purpose of recovering a charge for any function which has been delegated to a local authority by a NHS body.

3.

The functions of NHS bodies under the following enactments are prescribed only for the purpose of being used in conjunction with functions which have been delegated to an NHS body by a local authority—

(a)

section 2C, 17I, 43, and 64 of the 1978 Act25;

(b)

section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986;

(c)

sections 40, 42 and 45 of the Adults with Incapacity (Scotland) Act 200026;

(d)

the Public Health etc. (Scotland) Act 200827.”