SCHEDULES

P1C1F70C2C3 SCHEDULE 1F1SOCIAL SERVICES FUNCTIONS

Section 2.

Annotations:
Amendments (Textual)
F70

Words in Sch. 1 inserted (8.5.2012 for specified purposes, 6.6.2012 for further purposes otherwise 1.10.2012) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 43(2), 55(3); S.I. 2011/3046, art. 4(f) (with art. 5); S.I. 2012/1397, art. 2(v); S.I. 2012/2411, art. 2(k)

F1

Sch. 1 heading substituted (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(2), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(f)

F2

Entry relating to National Health Service Act 1977 substituted in the appropriate chronological order for entry relating to National Health Service Act 1946 by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 51

F3

Sch. 1: entry repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2, Sch. 1, Appendix.

F4

Sch. 1: word in entry substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1), Sch. 6 para. 16(2); S.I. 2007/1897, art. 2

F8

Sch. 1: entry repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII

F11

Words in Schedule 1 in entry relating to the Mental Health Act 1959 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 26(1)(a); S.I. 1991/828, art. 3(2)

F16

Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F17

Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F21

Sch. 1: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c.14), s. 1(1), {Sch. 1Pt. 10 Group 3}

F22

Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F23

Words in Sch. 1 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F24

Entry in Sch. 1 commencing “Sections 6 and 7B” substituted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 11(b)

F25

Sch. 1: words in entry inserted (1.4.2005 for E.) by Children Act 2004 (c. 31), ss. 18, 67(2), Sch. 2 para. 2(3); S.I. 2005/394, art. 2(2)(b)

F28

Entry in Sch. 1 inserted (11.7.2006) by Childcare Act 2006 (c. 21), s. 103(1), Sch. 2 para. 1

F32

Sch. 1: words in entry relating to the Mental Health Act 1983 substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, {Sch. 3 para. 27)}

F33

Sch. 1: words in entry relating to s. 114 of the Mental Health Act 1983 substituted (3.11.2008) by The Mental Health Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/2828), art. 3

F74

Words in Sch. 1 inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F35

Sch. 1: entry repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(g) (with savings in art. 3(5)-(10) and subject to transitional provisions in Schs. 1-3)

F36

Sch. 1: entry substituted (20.1.1997) by 1996 c. 52, s. 216(3), Sch. 17 para. 1; S.I. 1996/2959, art. 2

F37

Sch. 1: entry added (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107, 108(5)-(7), Sch. 5 para. 7; S.I. 2000/2849, art. 2(f)

F39

Words in Sch. 1 added (14.10.1991) at the end of Sch. 1 by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 26(2); S.I. 1991/828, art. 3(2)

F75

Words in Sch. 1 substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 44; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F41

Sch. 1: words in entry substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 4; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with savings in art. 3(4)-(10) and subject to transitional provisions in Schs. 1-3)

F73

Words in Sch. 1 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 15(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F42

Sch. 1: words in entry substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 7

F45

Words inserted (1.4.1993 except so far as they relate to s. 46 of the 1990 Act which came into force on 1.4.1991 by S.I. 1990/2218, art. 2, Sch.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 11(c); S.I. 1992/2975, art. 2(2), Sch.

F46

Sch. 1: entry repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583(2), Sch. 37 Pt. I, para. 18, Sch. 38 Pt. I (with s. 1(4), Sch. 39)

F47

Sch. 1: entry added (1.9.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 44; S.I. 1994/2038, art. 3, Sch. 2

F48

Sch. 1: entries inserted (1.4.1996) by 1995 c. 12, ss. 1(7), 5(2)

F49

Sch. 1: entries added (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 18 (with s. 1(4), Sch. 39)

F50

Sch. 1: entry added (1.4.1997) by 1996 c. 30, s. 3(3); S.I. 1997/756, art. 2

F51

Sch. 1: words inserted in entry (1.4.2001 for E. for certain purposes and 1.7.2001 for W. for certain purposes and 30.4.2003 for E. in so far as not already in force and otherwise prosp.) by 2000 c. 16, ss. 9(a), 12; S.I. 2001/510, art. 2, Sch.; S.I. 2001/2196, art. 2, Sch.; S.I. 2003/1183, art. 2

F56

Sch. 1: entry inserted (22.10.2001 for certain purposes for E. and 8.4.2003 in so far as not already in force for E. and 1.11.2004 for certain purposes for W. and otherwise prosp.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt. 2 para. 15(3) (with ss. 64(9), 65(4)); S.I. 2001/3619, art. 3(1); S.I. 2003/850, art. 3(2)(c); S.I. 2004/1754, art. 2(2)(d)(ii)

F58

Sch. 1: entry inserted (1.10.2003 for E. and otherwise prosp.) by Community Care (Delayed Discharges etc.) Act 2003 (c. 5), ss. 13, 20(2); S.I. 2003/2280, art. 2(2)(b)

F59

Entry in Sch. 1 inserted (1.4.2006 for certain purposes for E. and 1.10.2006 for W. and otherwise prosp.) by Children Act 2004 (c. 31), ss. 56, 67(7)(e); S.I. 2006/927, art. 2(h); S.I. 2006/885, art. 2(4)(g)

F61

Words in Sch. 1 inserted (16.2.2009 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 5, 44(4) (with s. 6); S.I. 2009/323, art. 2(b)

Subordinate Legislation Made
P1

Sch. 1: power to amend conferred (15.1.2004) by Children Act 2004 (c. 31), ss. 45(14)(b), 46, 47

Enactment

Nature of functions

Children and Young Persons Act 1933 (c. 12)

Part III

Protection of the young in relation to criminal and summary proceedings; children appearing before court as in need of care, protection or control; committal of children to approved school or care of fit person, etc.

Part IV

Remand homes, approved schools and children in care of fit persons.

F2 . . .

F2 . . .

F2 . . .

National Assistance Act 1948 (c. 29)

F87. . .

F87. . .

F87. . .

F87. . .

F3. . .

F3. . .

F87. . .

F87. . .

F87. . .

F87. . .

Section 49

Defraying expenses of local authority officer applying for appointment as F4deputy for certain patients.

F5 . . .

F5 . . .

Section 56(3) except so far as it relates to an offence under section 47(11).

Prosecution of offences.

F6 . . .

F6 . . .

F7 . . .

F7 . . .

F8. . .

F8. . .

Disabled Persons (Employment) Act 1958 (c. 33)

Section 3

Provision of facilities for enabling disabled persons to be employed or work under special conditions.

F9 . . .

F9 . . .

F10 . . .

F10 . . .

Mental Health Act 1959 (c. 72) F11section 8. . . .

F12Welfare and accommodation of mentally disordered persons

F13 . . .

F14 . . .

F14 . . .

F15Mental Health (Scotland) Act 1984

Section 10

Welfare of certain persons while in hospital in Scotland.

Health Visiting and Social Work (Training) Act 1962 (c. 33)

Section 5(1)(b)F88....

Research into matters relating to local authority welfare services.

Children and Young Persons Act 1963 (c. 37)

Part I

F16F16 . . . powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . .

F17 . . .

F17 . . .

F18 . . .

F18 . . .

F19 . . .

F19 . . .

F19 . . .

Health Services and Public Health Act 1968 (c. 46)

F20 . . .

F20 . . .

F20 . . .

F20 . . .

F89. . .

F89. . .

F90. . .

F90. . .

F90. . .

F21. . .

F21. . .

F21. . .

Children and Young Persons Act 1969 (c. 54)

F65F65F65 The whole Act ..........

F22F23Care and other treatment of children and young persons through court proceedings; . . . . . .

Chronically Sick and Disabled Persons Act 1970 (c. 44)

Section 1

Obtaining information as to need for, and publishing information as to existence of, certain welfare servicesF76; providing information about certain welfare services.

Section 2

Provision of certain welfare services.

F77Section 2A

Welfare services: transition for children to adult care and support in England.

Section 18

Provision of certain information required by Secretary of State.

F24Sections 6 and 7B of this Act

F24 Appointment of F25 director of adult social services or director of social services, etc ; provision and conduct of complaints procedure.

F26 . . .

F26 . . .

F91. . .

F27 . . .

F27 . . .

F91. . .

F91. . .

F28Adoption Act 1976

Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002.

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92. . .

F92. . .

F30 . . .

F30 . . .

F78. . .

F78. . .

F82. . .

F82. . .

F83. . .

F83. . .

F84. . .

F84. . .

F85. . .

F85. . .

F86. . .

F86. . .

F31Mental Health Act 1983 (c. 20)

F31 Parts II, III and VI

F31Welfare of the mentally disordered; guardianship of persons suffering from mental disorder including such persons removed to England and Wales from Scotland or Northern Ireland; exercise of functions of nearest relative of person so suffering.

F31Sections 66, 67, 69(1)

F31Exercise of functions of nearest relative in relation to applications and references to F32the First-tier Tribunal or the Mental Health Review Tribunal for Wales .

F31Section 114

F31Appointment of F33approved mental health professionals .

F31Section 115

F31Entry and inspection.

F31Section 116

F31Welfare of certain hospital patients.

F31Section 117

F31After-care of detained patients.

F79Section 117A

Functions under regulations about provision of preferred accommodation under section 117.

F31Section 130

F31Prosecutions.

F74Section 130A

Making arrangements to enable independent mental health advocates to be available to help qualifying patients

F93. . .

F93. . .

F34Public Health (Control of Disease) Act 1984 (c. 22)

F34Section 46(2) and (5)

F34Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.

F35. . .

F35. . .

F36Housing Act 1996 Section 213(1)(b)

Co-operation in relation to homeless persons and persons threatened with homelessness.

F37Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

F66Sections F941, 2 and 4, 5(5), F95and 7.

F37Representation and assessment of disabled persons.

F38Housing (Scotland) Act 1987 (c. 26) section 38(b)

F38Co-operation in relation to homeless persons and persons threatened with homelessness.

F39Children Act 1989,The whole ActF67except section 36 and paragraphs 12 to 19(1) of Schedule 3 (education supervision orders), in so far as it confers functions on a local authority within the meaning of that Act.

F39Welfare reports.

F39Consent to application for F75child arrangements order in respect of child in care.

F40Functions relating to special guardianship orders

F39Family assistance orders.

F39Functions under Part III of the Act (local authority support for children and families).

F39Care and supervision.

F39Protection of children.

F39Functions in relation to community homes, voluntary homes and voluntary organisations, F41private children’s homes, private arrangements for fostering children, child minding and day care for young children.

F39Inspection of children’s homes on behalf of Secretary of State.

F39Research and returns of information.

F73F39Functions in relation to children accommodated F72pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 orby F42Local Health BoardsF43, ...F44National Health Service trustsF68and local authorities in the exercise of education functions or in F41care homes, independent hospitals or schools.

F45National Health Service and Community Care Act 1990 (c. 19)

F96. . .

F96. . .

F45Section 47

F45Assessment of needs for community care services.

F46. . .

F46. . .

F47 [Section 166.]

F48Carers (Recognition and Services) Act 1995 (c.12)

F48Section 1

Assessment of ability of carers to provide care.

F49Education Act 1996.

F49Section 322....................

F49Help for F69another local authority in exercising functions under Part IV of the Act.

F50Community Care (Direct Payments) Act 1996.

Functions in connection with the making of payments to persons in respect of their securing the provision of community care servicesF51 or services under the Carers and Disabled Children Act 2000.

F52Adoption (Intercountry Aspects) Act 1999 (c.18)

F53Sections 1 and 2(4)

Functions under F54regulations made under section 1 giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993 F55and functions under Article 9(a) to (c) of the Convention .

F97. . .

F97. . .

F56Health and Social Care Act 2001

Part 4 in so far as it confers functions on a local authority in F80 ... Wales within the meaning of that Part.

Functions in relation to the provision of residential accommodation.

Making of direct payments to person in respect of his securing provision of community care services or services to carers.

F57Adoption and Children Act 2002

Maintenance of Adoption Service; functions of local authority as adoption agency.

F58 Community Care (Delayed Discharges etc. ) Act 2003

Part 1....................

Functions relating to hospital patients likely to need community care services to be made available in order to be discharged safely.

F98. . .

F98. . .

F98. . .

F59Children Act 2004

SectionsF639A,F99and 13 to 16

Functions relating toF64targets for safeguarding and promoting the welfare of children, and to Local Safeguarding Children Boards.

F60Mental Capacity Act 2005

Section 39

Instructing independent mental capacity advocate before providing accommodation for person lacking capacity

F62Section 39A

Instructing independent mental capacity advocate when giving an urgent authorisation, or making a request for a standard authorisation, under Schedule A1 to the Act.

Section 39C

Instructing independent mental capacity advocate when no representative for relevant person under Part 10 of Schedule A1 to the Act.

Section 39D

Instructing independent mental capacity advocate when representative for relevant person under Part 10 of Schedule A1 to the Act is not being paid.

Section 49

Reports in proceedings

F62Schedule A1

Any functions.

F100. . .

F100. . .

F100. . .

F61Children and Young Persons Act 2008

Part 1, in so far as it confers functions on a local authority in England or Wales within the meaning of that Part......

Making arrangements for the discharge of relevant care functions in relation to certain children and young persons.

F101. . .

F101. . .

F101. . .

F102. . .

F102. . .

F103. . .

F103. . .

F71Legal Aid, Sentencing and Punishment of Offenders Act 2012

Section 92

Functions in relation to a child remanded to local authority accommodation.

F81Care Act 2014

Part 1, except section 78, so far as that Part and regulations under it give functions to local authorities in England

General responsibilities in relation to care and support services.

Assessing and meeting needs for care and support, and carers’ needs.

Direct payments, deferred payment agreements and loans.

Continuity of care and ordinary residence.

Safeguarding adults.

Provider failure.

Children in transition to adult care and support.

Independent advocacy support.

Recovery of charges.

Appeals against local authority decisions.

Discharge of hospital patients.

Registers.

Delegation of functions.