Local Authority Social Services Act 1970

Local authorities

1

The local authorities for the purposes of this Act shall be the councils of non-metropolitan counties and metropolitan districts in England, the councils of London boroughs and the Common Council of the City of London ....

Local authority to establish social services committee

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Business of social services committee

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Joint committees and sub-committees

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Membership of committees and sub-committees

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The director of social services

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• (A1) A local authority ... shall appoint an officer, to be known as the director of adult social services, for the purposes of their social services functions, other than those for which the authority’s director of children’s services is responsible under section 18 of the Children Act 2004.

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 adult social services ..., concur in the appointment of a person as director of adult social services ...for both or all of those authorities.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A local authority which have appointed, or concurred in the appointment of, a person under this section, shall secure the provision of adequate staff for assisting him in the exercise of his functions.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authorities to exercise social services functions under guidance of Secretary of State

7

• (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.

• (1A) Section 78 of the Care Act 2014 applies instead of this section in relation to functions given by Part 1 of that Act or by regulations under that Part.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts of certain local authorities

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Protection of interests, etc. of local authority staffs

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• (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 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.

Delegation schemes to be revoked, so far as they relate to social services functions

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Amendment of Health Visiting and Social Work (Training) Act 1962

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Isles of Scilly

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• (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.

Orders and regulations

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

Minor and consequential amendments, repeals and saving for certain schemes

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• (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.

• (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.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation, interpretation, commencement and extent

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• (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 1A . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

SCHEDULE 1

SCHEDULE 2

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

1

In section 96(7) of the Children and Young Persons Act 1933 (which provides that subject to the provisions of section 39 of the 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).”

The National Health Service Act 1946 (c. 81)

2

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3

In paragraph 1 of Part II of Schedule 4 to the said Act of 1946 (which provides that certain matters shall stand referred to a local authority's health committee) after the words " a local health authority" there shall be inserted the words " other than matters which by virtue of section 2 or 3(2)(a) of the Local Authority Social Services Act 1970 stand referred to the authority's social services committee ".

4

In paragraph 3 of the said Part II (which empowers a local health authority to authorise their health committee to exercise on their behalf certain functions) after the word " except " there shall be inserted the words " any such functions which are for the time being social services functions within the meaning of the Local Authority Social Services Act 1970 and except ".

The Children Act 1948 (c. 43)

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6

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The Local Government Act 1958 (c. 55)

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8

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 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”.

The London Government Act 1963 (c. 33)

9

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

10

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”.

The Children and Young Persons Act 1969 (c. 54)

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

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• (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)”.

• (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)”.

SCHEDULE 3

Local authorities.

1A

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.

Power of local authority to refer or delegate to social services committee.

3A

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7A

• (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.

7B

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7C

• (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 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.

7D

• (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 referred to in subsection (4)), 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.

• (4) Subsection (1) does not apply in relation to a duty imposed by or under—

• (a) the Children Act 1989,

• (b) section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999,

• (c) the Adoption and Children Act 2002, or

• (d) Part 1 of the Care Act 2014.

7E

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.

Editorial notes

[^c2730241]: Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c2730251]: Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

[^c2730261]: Act not in force at Royal Assent see s. 15(4); Act wholly in force at 26.5.1971

[^c2730461]: S. 1 amended by Local Government Act 1972 (c. 70), s. 195(3)

[^c10572601]: 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)

[^c2730641]: S. 2 saved by Local Government Act 1972 (c. 70), s. 101(8)(9); amended by Guardianship Act 1973 (c. 29), s. 2(8)

[^c19280061]: 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)