# The Contracting Out (Local Authorities Social Services Functions) (England) Order 2014 Draft 2014, ISBN 9780111109632 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). Made under: Deregulation and Contracting Out Act 1994 (Section 70, Section 77) PDFs: Printed copy https://openlegislation.uk/draft-contracting-out-local-authorities-social-services-functions-england-order-2014/pdf/ukdsi_9780111109632_en.pdf; UK Draft Explanatory Memorandum https://openlegislation.uk/draft-contracting-out-local-authorities-social-services-functions-england-order-2014/pdf/ukdsiem_9780111109632_en.pdf ## Introductory text 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 1994, 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. ## 1 Citation, 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. ## 2 Interpretation In this Order— “registered social worker” means a person registered as a social worker— (a) in Part 16 of the register established and maintained under article 5 of the Health and Social Work Professions Order 2001, (b) in a register maintained by the Care Council for Wales under section 56 (the register) of the Care Standards Act 2000, (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 2001, or (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) 2001; and “social services function” means any of the functions conferred by or under any of the provisions listed in the Schedule to this Order. ## 3 Contracting 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 authority 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. ## 4 Modification to Schedule 1 to the Local Authority Social Services Act 1970 Schedule 1 to the Local Authority Social Services Act 1970 (Social Services Functions) 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 3 Contracting Out ”. ## 5 Revocation of the Contracting Out (Local Authorities Social Services Functions) (England) Order 2011 The Contracting Out (Local Authorities Social Services Functions) (England) Order 2011 is hereby revoked. ## Signature Signed by the authority of the Secretary of State for Health. Name Minister of State, Department of Health Date ## Schedule: Social Services Functions ## 1 National Assistance Act 1948 Section 21 (duty of local authorities to provide accommodation). ## 2 National Assistance Act 1948 Section 22 (charges to be made for accommodation). ## 3 National Assistance Act 1948 Section 24 (authority liable for the provision of accommodation). ## 4 National Assistance Act 1948 Section 26(1) to (4A) (provision of accommodation in premises maintained by voluntary organisations). ## 5 National Assistance Act 1948 Section 29 (welfare arrangements for blind, deaf, dumb and crippled persons, etc.). ## 6 Mental Health Act 1959 Section 8(2) (functions of welfare authorities). ## 7 Health Services and Public Health Act 1968 Section 45 (promotion, by local authorities of the welfare of old people). ## 8 Chronically Sick and Disabled Persons Act 1970 Section 1 (information as to need for and existence of welfare services). ## 9 Chronically Sick and Disabled Persons Act 1970 Section 2 (provision of welfare services). ## 10 Mental Health Act 1983 Section 117 (after-care). ## 11 Disabled 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). ## 12 Disabled Persons (Services, Consultation and Representation) Act 1986 Section 8 (duty of local authority to take into account abilities of carer). ## 13 National Health Service and Community Care Act 1990 Section 47 (assessment of needs for community care services). ## 14 Carers (Recognition and Services) Act 1995 Section 1 (assessment of ability of carers to provide care: England and Wales. ## 15 Carers and Disabled Children Act 2000 Section 1 (right of carers to assessment). ## 16 Carers and Disabled Children Act 2000 Section 2 (services for carers). ## 17 Carers and Disabled Children Act 2000 Section 4 (assessments and services for both carer and person cared for). ## 18 Carers and Disabled Children Act 2000 Section 6A (duty to inform carers of right to assessment). ## 19 Community Care (Delayed Discharges etc.) Act 2003 Section 4 (duties of responsible authority following notice under section 2). ## 20 Carers (Equal Opportunities) Act 2004 Section 3 (co-operation between authorities). ## 21 The National Health Service Act 2006 Section 254 (local social services authorities) and Schedule 20 (further provision about local social services authorities). ## 22 The 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). ## 23 The 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). ## 24 The 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). ## 25 The 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). ## 26 The 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). ## 27 The 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). ## 28 The 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). ## 29 The 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. --- Source: https://www.legislation.gov.uk/ukdsi/2014/9780111109632 (the official version) Page: https://openlegislation.uk/draft-contracting-out-local-authorities-social-services-functions-england-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.