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 [F1non-metropolitan counties, metropolitan districts] and London boroughs and the Common Council of the City of London [F2but, in relation to Wales, shall be the councils of counties and county boroughs].

2 Local authority to establish social services committee. E+W

(1)Every local authority shall establish a social services committee and, subject to subsection (3) below, there shall stand referred to that committee all matters relating to the discharge by the authority of—

(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, by virtue of the following subsection, fall within the responsibility of the committee.

(2)The Secretary of State may by order designate functions of local authorities under any other enactment for the time being in force as being appropriate for discharge through a local authority’s social services committee other than functions which by virtue of that or any other enactment are required to be discharged through some other committee of a local authority; and any functions designated by an order under this section which is for the time being in force shall accordingly fall within the responsibility of the social services committee.

(3)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(7)Section 33(2)of the M1 National Assistance Act 1948 andSchedule 3 to that Act (establishment of committees or joint boardsfor the purposes of the functions of local authorities under Part IIIof that Act) and section 39 of the M2 Children Act 1948(establishment of children’s committees of local authorities shall cease to have effect.

3 Business of Social Services Committee.E+W

(1)A local authority may delegate to their social services committee any of their functions matters relating to which stand referred to the committee by virtue of section 2 of this Act (hereafter in this Act referred to as “social services functions”) and, before exercising any of those functions themselves, the authority shall (unless the matter is urgent) consider a report of the committee with respect to the matter in question.

(2)Nothing in section 2 of this Act prevents a local authority from referring to a committee other than their social services committee a matter which by virtue of that section stands referred to the social services committee and which in the authority’s opinion ought to be referred to the other committee on the ground that it relates to a general service of the authority; but before referring any such matter the authority shall receive and consider a report of the social services committee with respect to the subject matter of the proposed reference.

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

A local authority may refer to their social services committee any matter which in their view may appropriately be referred to that committee, but which would not otherwise stand referred to that committee by virtue of this Act, and may delegate to that committee any of their functions relating to a matter so referred.

4 Joint committees and sub-committees.E+W

(1)Two or more local authorities may, instead of establishing social services committees for themselves, concur in establishing a joint social services committee; and references in this Act to a local authority’s social services committee shall, in relation to an authority which has so concurred with another or others, be construed as references to the joint committee, except where the context otherwise requires.

[F5(1A)A local authority may establish sub-committees of their social services committee and may delegate to any such sub-committee any of the functions of the committee.]

(2)A social services committee may, subject to any restrictions imposed by the local authority or, as the case may be, the local authorities concurring in the establishment of the committee, establish sub-committees and delegate to them any of the functions of the committee.

(3)The social services committees of two or more local authorities may concur in the establishment of joint sub-committees and may, subject to any restrictions imposed by the local authorities concerned, delegate to them any of the functions of either or any of the committees.

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

(1)Subject to subsection (3) below, the members of a local authority’s social services committee may include persons who are not members of the authority or, as the case may be, of any authority concurring in the establishment of the committee, provided that they are not disqualified from being members of that authority or any such authority.

(2)Subject to subsection (3) below, a social services committee may, if authorised to do so by the local authority or, as the case may be, the local authorities concurring in the establishment of the committee and subject to any restrictions imposed by that authority or those authorities, co-opt persons to serve as members of the committee, provided that they are not disqualified from being members of that authority or any of the said authorities.

(3)At least a majority of the members of a local authority’s social services committee shall be members of that authority or, as the case may be, of the authorities concurring in the establishment of the committee.

(4)The members of a sub-committee established under [F6section 4(2)][F6subsection (1A) or subsection (2) of section 4]of this Act—

(a)shall include at least one member of the local authority or, as the case may be, of each of the local authorities concerned; and

(b)may include persons who are not members of the social services committee, provided that they are not disqualified from being members of the local authority or, as the case may be, of any of the said authorities.

(5)The members of a joint sub-committee established under section 4(3) of this Act—

(a)shall include at least one member of each of the local authorities concerned; and

(b)may include persons who are not members of any social services committee concurring in the establishment of the sub-committee, provided that they are not disqualified from being members of any of the said authorities.

(6)In this section “disqualified” means disqualified under [F7section 80 of the M3Local Government Act 1972] (which relates to office-holders under local authorities, bankrupts, persons who have been convicted, etc.) [F8or under section 74 of the Transport Act 1985 (disabilities of directors of public transport companies)].

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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(5)The director of social services of a local authority shall not, without the approval of the Secretary of State (which may be given either generally or in relation to a particular authority), be employed by that authority in connection with the discharge of any of the authority’s functions other than their social services functions.

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(8)Section 41 of the M4 Children Act 1948 (appointment ofchildren’s officer) shall cease to have effect.

[F11[F127 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13]]

7BF15Complaints procedureE+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.

(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.

7CInquiriesE+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 M5Local 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.

7DF16Default 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 M61989), 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.

7EGrants 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.]

F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

9Protection 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 M7Local 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.

F1810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F1911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

12Isles 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 . . . F20of 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 2(2) or 14(3) of this Act . . . F20, a draft of the instrument shall be laid before Parliament, and an instrument containing an order under the said section 2(2) 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 . . . F20under 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.

14 Minor and consequential amendments, repeals and saving for certain schemes.E+W

X1(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.

(4)Nothing in paragraph 7 of Schedule 2 to this Act or in any provision of Schedule 3 thereto shall affect any delegation scheme made under section 46 of the M8Local Government Act 1958 and in force immediately before the coming into force of section 10 of this Act until the date on which a scheme made in pursuance of subsection (2) of the said section 10 and varying that delegation scheme comes into operation, and until that date the delegation scheme shall have effect, and the functions to which it relates shall be exercisable in accordance with it, as if this Act had not passed.

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 3 . . . F21of 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)This Act shall come into force on a day appointed by the Secretary of State by order; and different days may be so appointed for different provisions of this Act.

(5)If it appears to the Secretary of State desirable in the interest of the efficient discharge of the functions of a particular local authority to postpone the coming into force of any provision of this Act in the area of that authority, the Secretary of State may by an order under subsection (4) above relating to that provision either appoint a different day later in date for the coming into force of that provision in the area of that authority or except that area from the operation of the order and make a subsequent order under that subsection appointing a day for the coming into force of that provision in that area.

(6)This Act, . . . F22, shall not extend to Scotland.

(7)This Act, except . . . F22this subsection, shall not extend to Northern Ireland; . . . F23