Local Authority Social Services Act 1970

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].

Textual Amendments

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)

C1 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.]

Textual Amendments

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 2 repealed (1.4.2005 for E. and 1.4. 2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I.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

C2 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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F6 S. 3 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/394, art. 2(2)(f)(g); S.I.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

[F7 3A Power of local authority to refer or delegate to social services committee. E+W

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

Textual Amendments

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F8 S. 3A repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(1), 64, 67(7)(e), {Sch. 5 Pt. 4 Note}; S.I. 2005/ 394, {art. 2(2)(f)(g)}; S.I.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

F9 4 Joint committees and sub-committees. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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)

F10 5 Membership of committees and sub-committees. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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)

C3 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 ]]

Textual Amendments

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

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

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)

C4 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)}

C5 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))

[F16 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.

Textual Amendments

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)

C6 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)

C7 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 F17 Complaints procedure E+W

(1) The Secretary of State may by order require local authorities to establish a procedure for considering any representations (including any complaints) which are made to them by a qualifying individual, or anyone acting on his behalf, in relation to the discharge of, or any failure to discharge, any of their social services functions in respect of that individual.

(2) In relation to a particular local authority, an individual is a qualifying individual for the purposes of subsection (1) above if—

(a) the authority have a power or a duty to provide, or to secure the provision of, a service for him; and

(b) his need or possible need for such a service has (by whatever means) come to the attention of the authority [F18 or if he is in receipt of direct payments within the meaning of section 57 of the Health and Social Care Act 2001.].

(3) A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) above and as to the taking of such action as may be necessary in consquence of such representations.

(4) Local authorities shall give such publicity to any procedure established pursuant to this section as they consider appropriate.

Textual Amendments

F17 Ss. 7A-7E inserted by National Health Service and Community Care Act 1990 (c. 19,SIF 113:2), s. 50

F18 Words in s. 7B(2) substituted (8.4.2003 for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 67, 70(2), Sch. 5 Pt. 2 para. 15(2) (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(2);S.I. 2004/1754, art. 2(2)(d)(i)

7C 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.

Textual Amendments

F16 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 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 [F19 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.

Textual Amendments

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

F19 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 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.]

Textual Amendments

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

F20 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 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.

Marginal Citations

M3 1958 c. 55.

F21 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 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

F22 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 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 . . . F23 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 [F24 1A] or 14(3) of this Act . . . F23 , a draft of the instrument shall be laid before Parliament, and an instrument containing an order under the said section [F24 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 . . . F23 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.

Textual Amendments

F23 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

F24 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.

X1 (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.

F25 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 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.

Textual Amendments

F25 S. 14(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

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 [F26 1A] . . . F27 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) F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This Act, . . . F30 , shall not extend to Scotland.

(7) This Act, except . . . F30 this subsection, shall not extend to Northern Ireland; . . . F31

Textual Amendments

F26 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)

F27 Word “(3)” repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI

F28 S. 15(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

F29 S. 15(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 Group 3}

F30 Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I

F31 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I