The Local Government Changes for England (Finance—Social Services Grants) Regulations 1996

Made: 11th March 1996

Laid before Parliament: 11th March 1996

Coming into force: 1st April 1996

The Secretary of State for Health, in exercise of the powers conferred by section 19(1) and (2) of the Local Government Act 1992[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Regulations—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Local Government Changes for England (Finance—Social Services Grants) Regulations 1996 and shall come into force on 1st April 1996.

• (2) In these Regulations—

• “the Act” means the Local Government Act 1992[^f00001];

• “abolished authority” means a local authority which is wound up and dissolved by a section 17 order;

• “designated authority”, in relation to an abolished authority, means— where there is one successor authority, that authority; and where there are two or more successor authorities, the successor authority specified in a section 17 order as the designated authority for the purposes of the Local Government Changes for England (Finance) Regulations 1994[^f00002];

• “preceding year” means any financial year ending before the reorganisation date;

• “the reorganisation date” means the date (being 1st April in any year) which is specified as such in a section 17 order;

• “section 17 order”, in relation to an authority, means an order under section 17 of the Act affecting that authority; and

• “successor authority”, in relation to an abolished authority, means a local authority which is to have from the reorganisation date all the functions (or would have all the functions but for an order under section 21 or 22 of the Act) in relation to an area which, before that date, were the functions of the abolished authority in relation to that area.

Social Services Grants

2

• (1) Where the Secretary of State has made a grant or other payment under any of the enactments specified in paragraph (2) to an abolished authority in respect of a preceding year, any functions or liabilities of the abolished authority in relation to that grant or payment shall on or after the reorganisation date be the functions or liabilities of the designated authority.

• (2) The following enactments are specified for the purposes of paragraph (1)—

• (a) section 63(6) of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc. employed, or contemplating employment, in certain activities connected with health or welfare[^f00003];

• (b) section 1 of the Local Government Grants (Social Need) Act 1969 (special needs in urban areas)[^f00004];

• (c) section 7E of the Local Authority Social Services Act 1970 (grants to local authorities in respect of certain mental illness or alcohol or drug abuse)[^f00005]; and

• (d) section 41(12) (guardian ad litem panels) and section 82(1) and (2) (child care training and provision of secure accommodation) of the Children Act 1989[^f00006] and section 81 (grants in respect of secure accommodation) of the Child Care Act 1980[^f00007].

Signed

John Bowis — Parliamentary Under Secretary of State, — Department of Health — 11th March 1996

Explanatory note

(This note is not part of the Regulations)

Part II of the Local Government Act 1992 makes provision for Local Government changes in England. The Local Government Commission for England makes recommendations to the Secretary of State for the Environment about such changes and where recommendations for change are made the Secretary of State may make an order giving effect to those recommendations.

These Regulations provide for the transfer of functions and liabilities concerning certain social services grants or other payments, upon the dissolution of a local authority by such an order. The grants or other payments concerned are those payable under the Health Services and Public Health Act 1969, the Local Government Grants (Social Need) Act 1969, the Local Authority Social Services Act 1970, the Children Act 1989 and the Child Care Act 1980.

Footnotes

[^f00001]: 1992 c. 19.

[^f00002]: S.I. 1994/2825.

[^f00003]: 1968 c. 46; section 63(6) was amended by the Health and Medicines Act 1988 (c. 49), section 20(a).

[^f00004]: 1969 c. 2.

[^f00005]: 1970 c. 42; section 7E was added by section 50 of the National Health Service and Community Care Act 1990 (c. 19).

[^f00006]: 1989 c. 41; section 41(12) was added by the Courts and Legal Services Act 1990 (c. 41), paragraph 17 of Schedule 16.

[^f00007]: 1980 c. 5; section 81 was the predecessor provision to section 82(2) of the Children Act 1989 and was revoked by that Act, section 108(7) and Schedule 15.