Local Authority Social Services Act 1970

SCHEDULES

Section 2.

SCHEDULE 1 E+W Enactments Conferring Functions Assigned to Social Services Committee

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.
. . . F1
. . . F1	. . . F1
National Assistance Act 1948 (c. 29)
Sections 21 to 27	Provision of residential accommodation for the aged, infirm, needy, etc.
Sections 29 and 30	Welfare of persons who are blind, deaf, dumb or otherwise handicapped or are suffering from mental disorder; use of voluntary organisations for administration of welfare schemes.
. . .F2	. . .F2
Sections 43 to 45	Recovery of costs of providing certain services.
Section 48	Temporary protection of property belonging to persons in hospital or accommodation provided under Part III of the Act, etc.
Section 49	Defraying expenses of local authority officer applying for appointment as receiver for certain patients.
. . . F3	. . . F3
Section 56(3) except so far as it relates to an offence under section 47(11).	Prosecution of offences.
. . . F4	. . . F4
. . . F5	. . . F5
Nurseries and Child-Minders Regulation Act 1948 (c. 53)	Regulation of nurseries and child-minders.
Disabled Persons (Employment) Act 1958 (c. 33)
Section 3	Provision of facilities for enabling disabled persons to be employed or work under special conditions.
. . . F6	. . . F6
. . . F7	. . . F7
Mental Health Act 1959 (c. 72) [F8 section 8][F9 and the [F10 Registered Homes Act 1984]so far as its provisions relate to mental nursing homes.]	[F11 Welfare and accommodation of mentally disordered persons]
. . . F12
. . . F13
. . . F13
[F14 Mental 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), and as extended by section 45(9) of the Health Services and Public Health Act 1968 (c. 46).	Research into matters relating to local authority welfare services.
Children and Young Persons Act 1963 (c. 37)
Part I	. . . F15 powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . F15 .
. . . F16	. . . F16
. . . F17	. . . F17
. . . F18
. . . F18	. . . F18
Health Services and Public Health Act 1968 (c. 46)
. . . F19	. . . F19
. . . F19	. . . F19
Section 45	Promotion of welfare of old people.
Social Work (Scotland) Act 1968 (c. 49)
Sections 75(2) and 76(4)	Reference for consideration, etc. of case of child in care whose parent moves to Scotland and transfer of child.
Family Law Reform Act 1969 (c. 46)
Section 7(4)	Supervision of ward of court.
Children and Young Persons Act 1969 (c. 54)
The whole Act except [F20 section 9]in so far as they assign functions to a local authority in their capacity of a local education authority.	Care and other treatment of children and young persons through court proceedings; . . . F21 F22 . . .
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 services.
Section 2	Provision of certain welfare services.
Section 18	Provision of certain information required by Secretary of State.
[F23 Sections 6 and 7B of this Act]	[F23 Appointment of director of social services, etc; provision and conduct of complaints procedure.]
[F24 . . .]	[F24 . . .]
[F25 Children Act 1975 (c.72)]
. . . F26	. . . F26
[F25 Part II]	[F25 Application by local authority for revocation of custodianship order; inquiries carried out by local authority in custodianship cases.]
[F27 Adoption Act 1976 (c.36)]	[F27 Maintenance of Adoption Service; functions of local authority as adoption agency; applications for orders freeing children for adoption; inquiries carried out by local authorities in adoption cases; care, possession and supervision of children awaiting adoption.]
[F28 Supplementary Benefits Act 1976, Schedul e 5]	[F28 Provision and maintenance of [F29 resettlement units]for persons without a settled way of living.]
. . . F30	. . . F30
[F31 National Health Service Act 1977, Schedul e 8]	[F31 Care of mothers and young children, prevention, care and after-care: home help and laundry facilities.]
[F32 . . .]	[F32 . . .]
[F33 . . .]	[F33 . . .]
[F34 . . .]	[F34 . . .]
. . . F35	. . . F35
. . . F36	. . . F36
[F37 Mental Health Act 1983 (c. 20)]
[F37 Parts II, III and VI]	[F37 Welfare 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.]
[F37 Sections 66, 67, 69(1)]	[F37 Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals.]
[F37 Section 114]	[F37 Appointment of approved social workers.]
[F37 Section 115]	[F37 Entry and inspection.]
[F37 Section 116]	[F37 Welfare of certain hospital patients.]
[F37 Section 117]	[F37 After-care of detained patients.]
[F37 Section 130]	[F37 Prosecutions.]
[F38 Public Health (Control of Disease) Act 1984 (c. 22)]
[F38 Section 46(2) and (5)]	[F38 Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate.]
[F39 Registered Homes Act 1984 (c. 23) Part I.]	[F39 Registration of Residential Care Homes.]
[F40 Housing Act 1985, Section 72(b)]	[F40 Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F41 Housing (Scotland) Act 1987 (c. 26) section 38(b)]	[F41 Co-operation in relation to homeless persons and persons threatened with homelessness.]
[F42 Children Act 1989,The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.]	[F42 Welfare reports.]
	[F42 Consent to application for residence order in respect of child in care.]
	[F42 Family assistance orders.]
	[F42 Functions under Part III of the Act (local authority support for children and families).]
	[F42 Care and supervision.]
	[F42 Protection of children.]
	[F42 Functions in relation to community homes, voluntary homes and voluntary organisations, registered children’s homes, private arrangements for fostering children, child minding and day care for young children.]
	[F42 Inspection of children’s homes on behalf of Secretary of State.]
	[F42 Research and returns of information.]
	[F42 Functions in relation to children accommodated by health authorities and local education authorities or in residential care, nursing or mental nursing homes or in independent schools.]
[F43 National Health Service and Community Care Act 1990 (c. 19)]
[F43 Section 46]	[F43 Preparation of plans for community care services.]
[F43 Section 47]	[F43 Assessment of needs for community care services.]

Textual Amendments

F1 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

F2 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

F3 Words repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F4 Entry repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

F5 Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F6 Entry repealed by Foster Children Act 1980 (c. 6), s. 23(3), Sch. 3

F7 Entry repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2), Schs. 2, 4

F8 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)

F9 Words substituted by Nursing Homes Act 1975 (c. 37, SIF 113:3), s. 22(1), Sch. 1 para. 8

F10 Words substituted by Registered Homes Act 1984 (c. 23, SIF 113:3), Sch. 1 para. 4(a)

F11 Entry substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(a)

F12 Words repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch. and National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F13 Entry repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), Sch. 2 para. 27, Sch. 3 (subject to savings in Sch. 1)

F14 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127, Sch. 3 para. 18

F15 Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F16 Entry repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F17 Words repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 11, Sch. 3

F18 Entry repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2)(3), Sch. 7 para. 18, Sch. 8 Pt. I

F19 Words repealed by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 16

F20 Words in Schedule 1 in entry relating to the Children and Young Persons Act 1969 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 26(1)(b); S.I. 1991/828, art. 3(2)

F21 Words repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F22 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)

F23 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)

F24 Entry in Sch. 1 which was added by Matrimonial Causes Act 1973 (c. 18, Sch. 2 para. 11 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F25 Entries added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 108(1)(a), Sch. 3 para. 74(b)

F26 Paragraph relating to Pt. I of Children Act 1975 (c. 72, SIF 49: 9, 10) repealed by Adoption Act 1976 (c. 36, SIF 49:11), s. 74(2) Schs. 2, 4

F27 Paragraph added by Adoption Act 1976 (c. 36, SIF 49:11), Sch. 3 para. 15

F28 Entry added by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), Sch. 7 para. 18

F29 Words substituted by Social Security Act 1980 (c. 39, SIF 113:1), Sch. 4 para. 6

F30 Entry added by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(2) and repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61),s. 3, Sch. 1 Pt. I

F31 Entry added by virtue of a substitution by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 51

F32 Entry in Sch. 1 added by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49: 3), Sch. 2 para. 27 (subject to savings 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)

F33 Entry in Sch. 1 added by Child Care Act 1980 (c. 5, SIF 20), Sch. 5 para. 29 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F34 Entry in Sch. 1 added by Foster Children Act 1980 (c. 6, SIF 20), Sch. 2 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2)

F35 Entry added by Residential Homes Act 1980 (c. 7), Sch. 1 para. 4, and fell by virtue of the repeal of that 1980 Act by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30(1), Sch. 10 Pt. I

F36 Entry added by Mental Health Amendment Act 1982 (c. 51, SIF 20), Sch. 3 para. 45 and repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(c), Sch. 6

F37 Entry inserted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 27(b)

F38 Words inserted by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 2 para. 6

F39 Words inserted by virtue of Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29, Sch. 9 para. 9 and Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 1 para. 4(b)

F40 Words added by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 19

F41 Words inserted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 339(2), Sch. 23 para. 16

F42 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)

F43 Words inserted (prosp. except so far as they relate to s. 46 of the 1990 Act which comes 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.

Section 14.

SCHEDULE 2 E+W Minor and Consequential Amendments of Enactments

The Children and Young Persons Act 1933 (c. 12) E+W

1 E+W In section 96(7) of the Children and Young Persons Act 1933 (which provides that subject to the provisions of section 39 of the M1 Children Act 1948 a local authority may refer certain matters to committees) for the words from “section thirty-nine” to “that committee)” there shall be substituted the words “sections 2 and 3 of the Local Authority Social Services Act 1970 (which require certain matters to be referred to the social services committee and restrict the reference of other matters to that committee).”

Modifications etc. (not altering text)

C1 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.

Marginal Citations

M1 1948 c. 43.

2—4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F44 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

5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45 Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

6 In section 49(1) of the said Act of 1948 (which requires county borough councils to keep separate accounts of sums received and expended by them in the exercise of their functions under any of the enactments mentioned in section 39(1) of that Act) for the words “subsection (1) of section thirty-nine of this Act” there shall be substituted the words “subsection (IA) of this section” and after subsection (1) of the said section 49 there shall be inserted—

“(1A) The enactments referred to in subsection (1) of this section are—

(a) the enactments specified in section 45(IA) of this Act;

(b) section 9 of the Mental Health Act 1959 and section 10 of that Act so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section ; and

(c) section 10 of the Mental Health (Scotland) Act 1960 so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section.”

Modifications etc. (not altering text)

C2 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.

7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

Textual Amendments

F46 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

8 E+W In section 60(2) of the said Act of 1958 (provision to be made by regulations for the payment of compensation in certain cases) after the words “section 46 of the M2 Children and Young Persons Act 1969” there shall be inserted the words “or of section 2 or 6 of the Local Authority Social Services Act 1970”.

Modifications etc. (not altering text)

C3 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.

Marginal Citations

M2 1969 c. 54.

9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Textual Amendments

F47 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

The Children and Young Persons Act 1963 (c. 37) E+W

10 E+W In section 56(2) of the Children and Young Persons Act 1963 (prosecution of certain Offences) for the words “subsection (2) of section 39 of the Children Act 1948” there shall be substituted the words “subsection (1) of section 3 of the Local Authority Social Services Act 1970” and for the words “those sections” there shall be substituted the words “the said section 85 and section 2 of the said Act of 1970”.

Modifications etc. (not altering text)

C4 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.

11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F48 Sch. 2 paras. 5, 11 repealed by Child Care Act 1980 (c. 5), s. 89, Sch. 6

The Chronically Sick and Disabled Persons Act 1970 (c. 44) E+W

12 (1) In section 2(1) of the Chronically Sick and Disabled Persons Act 1970 (which imposes a duty on local authorities to make arrangements for certain matters in exercise of their functions under section 29 of the National Assistance Act 1948) the words “under the general guidance of the Secretary of State and” shall be omitted, and after the words “the purpose)” there shall be inserted the words “and to the provisions of section 7(1) of the Local Authority Social Services Act 1970 (which requires local authorities in the exercise of certain functions, including functions under the said section 29, to act under the general guidance of the Secretary of State)”. E+W

(2) In section 2(2) of the said Act of 1970 (which makes provision in connection with the carrying into effect of the said arrangements) after the words “section 35(2)” there shall be inserted the words “and to the said section 7(1)”.

Modifications etc. (not altering text)

C5 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.

Section 14.

SCHEDULE 3 E+W Repeals

Modifications etc. (not altering text)

C6 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.