Article 3 Contracting out: adult social work practice pilot scheme
Subject to paragraph (2), a social services function may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by a local authorityf1 whose function it is.
An authorisation given to a person by virtue of paragraph (1) may authorise the exercise of a social services function, and a person (or the employees of a person) to whom such an authorisation is given may exercise such a function, only where—
the exercise of the function is required for the purposes of the participation of the person authorised in an adult social work practice pilot scheme;
the function is to be exercised only in relation to persons who are aged 18 or over;
the function is to be exercised by, or under the supervision of, a registered social worker;
where the function is not exercised by a registered social worker, the function is to be exercised by a person who has the qualifications or competencies which the local authority considers to be requisite for the exercise of the function;
in relation to a function under the Mental Capacity Act 2005f2, the function is to be exercised only to instruct as an independent mental capacity advocate a person provided by an approved provider; and
the function is to be exercised in accordance with relevant directions and guidance given to local authorities by the Secretary of State about the exercise of social services functions.
In paragraph (2)(e), “an approved provider” is a person who has entered into arrangements—
with the local authority whose functions are to be exercised under the authorisation; and
under which that person agrees to provide independent mental capacity advocates in connection with the exercise of those functions.
Annotations
Footnotes
- f1
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“Local authority” is defined in relation to England by section 79A of the Deregulation and Contracting Out Act 1994. Section 79A was inserted by the Local Government and Public Involvement in Health Act 2007 (c.28), section 239(3) and amended by the Local Democracy, Economic Development and Construction Act 2009 (c.20), Schedule 6, paragraph 87.
- f2