Article 3 Contracting Out
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 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;
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
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.
Annotations
Footnotes
- f1
-
“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 and the Police Reform and Social Responsibility Act 2011 (c.13), section 99 and Sch 16, Pt 3, paras 214 and 215.