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The Contracting Out (Local Authorities Social Services Functions) (England) Order 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111109632

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 77(2) of the Deregulation and Contracting Out Act 1994, for approval by resolution of each House of Parliament.

Contracting Out, England

Made ***

Coming into force 1st April 2014

The Secretary of State, in exercise of the powers conferred by sections 70(2) and (4) and 77(1) of the Deregulation and Contracting Out Act 1994f1, makes the following Order.

In accordance with section 70(3)(a) of the Deregulation and Contracting Out Act 1994, the Secretary of State for Health has consulted with such representatives of local government as the Secretary of State considers appropriate.

A draft of this Order was laid before Parliament in accordance with section 77(2) of the Deregulation and Contracting Out Act 1994 and approved by a resolution of each House.

Annotations to the whole text

Footnotes

f1

1994 c.40.

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Contracting Out
  4. 4Modification to Schedule 1 to the Local Authority Social Services Act 1970
  5. 5Revocation of the Contracting Out (Local Authorities Social Services Functions) (England) Order 2011
  6. Signature
  7. Schedule: Social Services Functions
  8. 1National Assistance Act 1948
  9. 2National Assistance Act 1948
  10. 3National Assistance Act 1948
  11. 4National Assistance Act 1948
  12. 5National Assistance Act 1948
  13. 6Mental Health Act 1959
  14. 7Health Services and Public Health Act 1968
  15. 8Chronically Sick and Disabled Persons Act 1970
  16. 9Chronically Sick and Disabled Persons Act 1970
  17. 10Mental Health Act 1983
  18. 11Disabled Persons (Services, Consultation and Representation) Act 1986
  19. 12Disabled Persons (Services, Consultation and Representation) Act 1986
  20. 13National Health Service and Community Care Act 1990
  21. 14Carers (Recognition and Services) Act 1995
  22. 15Carers and Disabled Children Act 2000
  23. 16Carers and Disabled Children Act 2000
  24. 17Carers and Disabled Children Act 2000
  25. 18Carers and Disabled Children Act 2000
  26. 19Community Care (Delayed Discharges etc.) Act 2003
  27. 20Carers (Equal Opportunities) Act 2004
  28. 21The National Health Service Act 2006
  29. 22The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
  30. 23The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
  31. 24The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
  32. 25The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
  33. 26The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
  34. 27The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
  35. 28The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
  36. 29The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
  37. Explanatory note

1Citation, commencement and application

(1)

This Order may be cited as the Contracting Out (Local Authorities Social Services Functions) (England) Order 2014 and shall come into force on 1st April 2014.

(2)

This Order shall apply in relation to England only.

2Interpretation

In this Order—

  • “registered social worker” means a person registered as a social worker—

    1. (a)

      in Part 16f1 of the register established and maintained under article 5 of the Health and Social Work Professions Order 2001f2,

    2. (b)

      in a register maintained by the Care Council for Wales under section 56 (the register) of the Care Standards Act 2000f3,

    3. (c)

      in a register maintained by the Scottish Social Services Council under section 44 (register of social workers and of other social service workers) of the Regulation of Care (Scotland) Act 2001f4, or

    4. (d)

      in a register maintained by the Northern Ireland Social Care Council under section 3 (the register) of the Health and Personal Social Services Act (Northern Ireland) 2001f5; and

  • “social services function” means any of the functions conferred by or under any of the provisions listed in the Schedule to this Order.

3Contracting Out

(1)

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.

(2)

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—

(a)

the function is to be exercised only in relation to persons who are aged 18 or over;

(b)

the function is to be exercised by, or under the supervision of, a registered social worker;

(c)

when 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; and

(d)

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.

4Modification to Schedule 1 to the Local Authority Social Services Act 1970

Schedule 1 to the Local Authority Social Services Act 1970 (Social Services Functions)f1 shall be read as if at the end (after the entry relating to the Legal Aid Sentencing and Punishment of Offenders Act 2012) there were added—

“

The Contracting Out (Local Authorities Social Services Functions) (England) Order 2014 Article 3Contracting Out

”.

5Revocation of the Contracting Out (Local Authorities Social Services Functions) (England) Order 2011

The Contracting Out (Local Authorities Social Services Functions) (England) Order 2011f1 is hereby revoked.

Signature

Signed by the authority of the Secretary of State for Health.

Name

Minister of State,

Department of Health

Date

1National Assistance Act 1948

Section 21 (duty of local authorities to provide accommodation)f1.

2National Assistance Act 1948

Section 22 (charges to be made for accommodation)f1.

3National Assistance Act 1948

Section 24 (authority liable for the provision of accommodation)f1.

4National Assistance Act 1948

Section 26(1) to (4A) (provision of accommodation in premises maintained by voluntary organisations)f1.

5National Assistance Act 1948

Section 29 (welfare arrangements for blind, deaf, dumb and crippled persons, etc.)f1.

6Mental Health Act 1959

Section 8(2) (functions of welfare authorities)f1.

7Health Services and Public Health Act 1968

Section 45 (promotion, by local authorities of the welfare of old people)f1.

8Chronically Sick and Disabled Persons Act 1970

Section 1 (information as to need for and existence of welfare services)f1.

9Chronically Sick and Disabled Persons Act 1970

Section 2 (provision of welfare services)f1.

10Mental Health Act 1983

Section 117 (after-care)f1.

11Disabled Persons (Services, Consultation and Representation) Act 1986

Section 4 (services under s.2 of the Chronically Sick and Disabled Persons Act 1970; duty to consider needs of disabled persons)f1.

12Disabled Persons (Services, Consultation and Representation) Act 1986

Section 8 (duty of local authority to take into account abilities of carer).

13National Health Service and Community Care Act 1990

Section 47 (assessment of needs for community care services)f1.

14Carers (Recognition and Services) Act 1995

Section 1 (assessment of ability of carers to provide care: England and Walesf1.

15Carers and Disabled Children Act 2000

Section 1 (right of carers to assessment)f1.

16Carers and Disabled Children Act 2000

Section 2 (services for carers).

17Carers and Disabled Children Act 2000

Section 4 (assessments and services for both carer and person cared for).

18Carers and Disabled Children Act 2000

Section 6A (duty to inform carers of right to assessment)f1.

19Community Care (Delayed Discharges etc.) Act 2003

Section 4 (duties of responsible authority following notice under section 2)f1.

20Carers (Equal Opportunities) Act 2004

Section 3 (co-operation between authorities)f1.

21The National Health Service Act 2006

Section 254 (local social services authorities) and Schedule 20 (further provision about local social services authorities)f1.

22The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Regulation 7 (direct payments under section 57(1) of the Health and Social Care Act 2001 or section 17A(1) of the Children Act 1989).

23The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Regulation 8 (direct payments under section 57(1A) of the Health and Social Care Act 2001).

24The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Regulation 9 (amount and payment under section 57(1) of the Health and Social Care Act 2001 or section 17A(1) of the Children Act 1989)f1.

25The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Regulation 10 (amount and payment under section 57(1A) of the Health and Social Care Act 2001)f1.

26The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Regulation 11 (conditions in respect of direct payments under section 57(1) of the Health and Social Care Act 2001 or section 17A of the Children Act 1989).

27The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Regulation 12 (conditions in respect of direct payments under section 57(1A) of the Health and Social Care Act 2001).

28The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Regulation 17 (termination of direct payments under section 57(1) of the Health and Social Care Act 2001 or section 17A of the Children Act 1989).

29The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Regulation 18 (termination of direct payments under section 57(1A) of the Health and Social Care Act 2001).

Explanatory note

(This note is not part of the Order)

This Order makes provision to enable a local authority in England to authorise another person, or that person’s employees, to exercise social services functions (as listed in the Schedule).

The exercise of functions contracted out by virtue of this Order must be by, or under the supervision, of a registered social worker or by a person who has the requisite qualifications or competencies. Functions must also 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 (article 3(2)).

Article 4 amends Schedule 1 to the Local Authority Social Services Act 1970. This will enable the Secretary of State to give guidance or directions to local authorities about the exercise of their functions under this Order.

Article 5 revokes S.I. 2011/1568 because the pilot schemes referred to in the Order have come to an end.

An impact assessment has not been prepared for this instrument as there is no significant impact on the private and voluntary sectors.