{
  "url": "https://openlegislation.uk/draft-public-bodies-joint-working-prescribed-local-authority-functions-etc-scotland-regulations-2014/schedule/part-1",
  "json_url": "https://openlegislation.uk/draft-public-bodies-joint-working-prescribed-local-authority-functions-etc-scotland-regulations-2014/schedule/part-1.json",
  "legislation": "sdsi/2014/9780111024645",
  "legislation_title": "The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014",
  "legislation_url": "https://openlegislation.uk/draft-public-bodies-joint-working-prescribed-local-authority-functions-etc-scotland-regulations-2014",
  "path": "schedule/part/1",
  "kind": "part",
  "number": "1",
  "heading": "Functions prescribed for the purposes of section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014",
  "text": "Column A\nEnactment conferring function\nColumn B\nLimitation\nNational Assistance Act 1948\nSection 48\n(duty of councils to provide temporary protection for property of persons admitted to hospitals etc.)\nThe Disabled Persons (Employment) Act 1958\nSection 3\n(provision of sheltered employment by local authorities)\nThe Social Work (Scotland) Act 1968\nSection 1\n(local authorities for the administration of the Act)\nSo far as it is exercisable in relation to another integration function.\nSection 4\n(provisions relating to performance of functions by local authorities)\nSo far as it is exercisable in relation to another integration function.\nSection 8\n(research)\nSo far as it is exercisable in relation to another integration function.\nSection 10\n(financial and other assistance to voluntary organisations etc. for social work)\nSo far as it is exercisable in relation to another integration function.\nSection 12\n(general social welfare services of local authorities)\nExcept in so far as it is exercisable in relation to the provision of housing support services.\nSection 12A\n(duty of local authorities to assess needs)\nSo far as it is exercisable in relation to another integration function.\nSection 12AZA\n(assessments under section 12A - assistance)\nSo far as it is exercisable in relation to another integration function.\nSection 12AA\n(assessment of ability to provide care)\nSection 12AB\n(duty of local authority to provide information to carer)\nSection 13\n(power of local authorities to assist persons in need in disposal of produce of their work)\nSection 13ZA\n(provision of services to incapable adults)\nSo far as it is exercisable in relation to another integration function.\nSection 13A\n(residential accommodation with nursing)\nSection 13B\n(provision of care or aftercare)\nSection 14\n(home help and laundry facilities)\nSection 28\n(burial or cremation of the dead)\nSo far as it is exercisable in relation to persons cared for or assisted under another integration function.\nSection 29\n(power of local authority to defray expenses of parent, etc., visiting persons or attending funerals)\nSection 59\n(provision of residential and other establishments by local authorities and maximum period for repayment of sums borrowed for such provision)\nSo far as it is exercisable in relation to another integration function.\nThe Local Government and Planning (Scotland) Act 1982\nSection 24(1)\n(The provision of gardening assistance for the disabled and the elderly)\nDisabled Persons (Services, Consultation and Representation) Act 1986\nSection 2\n(rights of authorised representatives of disabled persons)\nSection 3\n(assessment by local authorities of needs of disabled persons)\nSection 7\n(persons discharged from hospital)\nIn respect of the assessment of need for any services provided under functions contained in welfare enactments within the meaning of section 16 and which are integration functions.\nSection 8\n(duty of local authority to take into account abilities of carer)\nIn respect of the assessment of need for any services provided under functions contained in welfare enactments (within the meaning set out in section 16 of that Act) which are integration functions.\nThe Adults with Incapacity (Scotland) Act 2000\nSection 10\n(functions of local authorities)\nSection 12\n(investigations)\nSection 37\n(residents whose affairs may be managed)\nOnly in relation to residents of establishments which are managed under integration functions.\nSection 39\n(matters which may be managed)\nOnly in relation to residents of establishments which are managed under integration functions.\nSection 41\n(duties and functions of managers of authorised establishment)\nOnly in relation to residents of establishments which are managed under integration functions.\nSection 42\n(authorisation of named manager to withdraw from resident’s account)\nOnly in relation to residents of establishments which are managed under integration functions.\nSection 43\n(statement of resident’s affairs)\nOnly in relation to residents of establishments which are managed under integration functions.\nSection 44\n(resident ceasing to be resident of authorised establishment)\nOnly in relation to residents of establishments which are managed under integration functions.\nSection 45\n(appeal, revocation etc)\nOnly in relation to residents of establishments which are managed under integration functions.\nThe Housing (Scotland) Act 2001\nSection 92\n(assistance for housing purposes)\nOnly in so far as it relates to an aid or adaptation.\nThe Community Care and Health (Scotland) Act 2002\nSection 5\n(local authority arrangements for residential accommodation outwith Scotland)\nSection 14\n(payments by local authorities towards expenditure by NHS bodies on prescribed functions)\nThe Mental Health (Care and Treatment) (Scotland) Act 2003\nSection 17\n(duties of Scottish Ministers, local authorities and others as respects Commission)\nSection 25\n(care and support services etc)\nExcept in so far as it is exercisable in relation to the provision of housing support services.\nSection 26\n(services designed to promote well-being and social development)\nExcept in so far as it is exercisable in relation to the provision of housing support services.\nSection 27\n(assistance with travel)\nExcept in so far as it is exercisable in relation to the provision of housing support services.\nSection 33\n(duty to inquire)\nSection 34\n(inquiries under section 33: Co-operation)\nSection 228\n(request for assessment of needs: duty on local authorities and Health Boards)\nSection 259\n(advocacy)\nThe Housing (Scotland) Act 2006\nSection 71(1)(b)\n(assistance for housing purposes)\nOnly in so far as it relates to an aid or adaptation.\nThe Adult Support and Protection (Scotland) Act 2007\nSection 4\n(council’s duty to make inquiries)\nSection 5\n(co-operation)\nSection 6\n(duty to consider importance of providing advocacy and other services)\nSection 11\n(assessment Orders)\nSection 14\n(removal orders)\nSection 18\n(protection of moved persons property)\nSection 22\n(right to apply for a banning order)\nSection 40\n(urgent cases)\nSection 42\n(adult Protection Committees)\nSection 43\n(membership)\nSocial Care (Self-directed Support) (Scotland) Act 2013\nSection 3\n(support for adult carers)\nOnly in relation to assessments carried out under integration functions.\nSection 5\n(choice of options: adults)\nSection 6\n(choice of options under section 5: assistances)\nSection 7\n(choice of options: adult carers)\nSection 9\n(provision of information about self-directed support)\nSection 11\n(local authority functions)\nSection 12\n(eligibility for direct payment: review)\nSection 13\n(further choice of options on material change of circumstances)\nOnly in relation to a choice under section 5 or 7 of the Social Care (Self-directed Support) (Scotland) Act 2013.\nSection 16\n(misuse of direct payment: recovery)\nSection 19\n(promotion of options for self-directed support)",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1948 c.29; section 48 was amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 31(4) and the Adult Support and Protection (Scotland) Act 2007 (asp 10) schedule 2, paragraph 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1958 c.33; section 3 was amended by the Local Government Act 1972 (c.70), section 195(6); the Local Government (Scotland) Act 1973 (c.65), Schedule 27; the National Health Service (Scotland) Act 1978 (c.49), schedule 15; the Local Government Act 1985 (c.51), Schedule 17; the Local Government (Wales) Act 1994 (c.19), Schedules 10 and 18; the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13; and the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1968 c.49; section 1 was relevantly amended by the National Health Service (Scotland) Act 1972 (c.58), Schedule 7; the Children Act 1989 (c.41), Schedule 15; the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”), Schedule 10; S.S.I. 2005/465 and S.S.I. 2013/211. Section 4 was amended by the 1990 Act, Schedule 9, the Children (Scotland) Act 1995 (c.36) (“the 1995 Act”), Schedule 4; the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”), schedule 4; and S.S.I. 2013/211. Section 10 was relevantly amended by the Children Act 1975 (c.72), Schedule 2; the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13; the Regulation of Care (Scotland) Act 2001 (asp 8) (“the 2001 Act”) schedule 3; S.S.I. 2010/21 and S.S.I. 2011/211. Section 12 was relevantly amended by the 1990 Act, section 66 and Schedule 9; the 1995 Act, Schedule 4; and the Immigration and Asylum Act 1999 (c.33), section 120(2). Section 12A was inserted by the 1990 Act, section 55, and amended by the Carers (Recognition and Services) Act 1995 (c.12), section 2(3) and the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), sections 8 and 9(1). Section 12AZA was inserted by the Social Care (Self Directed Support) (Scotland) Act 2013 (asp 1), section 17. Section 12AA and 12AB were inserted by the 2002 Act, section 9(2). Section 13 was amended by the Community Care (Direct Payments) Act 1996 (c.30), section 5. Section 13ZA was inserted by the Adult Support and Protection (Scotland) Act 2007 (asp 10), section 64. Section 13A was inserted by the 1990 Act, section 56 and amended by the Immigration and Asylum Act 1999 (c.33), section 120(2); the 2001 Act, section 72 and schedule 3; the 2002 Act, schedule 2 and by S.S.I. 2011/211. Section 13B was inserted by the 1990 Act sections 56 and 67(2) and amended by the Immigration and Asylum Act 1999 (c.33), section 120(3). Section 14 was amended by the Health Services and Public Health Act 1968 (c.46), sections 13, 44 and 45; the National Health Service (Scotland) Act 1972 (c.58), Schedule 7; the Guardianship Act 1973 (c.29), section 11(5); the Health and Social Service and Social Security Adjudications Act 1983 (c.41), Schedule 10 and the 1990 Act, Schedule 9. Section 28 was amended by the Social Security Act 1986 (c.50), Schedule 11 and the 1995 Act, Schedule 4. Section 29 was amended by the 1995 Act, Schedule 4. Section 59 was amended by the 1990 Act, Schedule 9; the 2001 Act, section 72(c); the 2003 Act, section 25(4) and schedule 4 and by S.S.I. 2013/211."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1982 c.43; section 24(1) was amended by the Local Government etc. (Scotland) Act 1994 (c.39), schedule 13."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1986 c.33. There are amendments to sections 2 and 7 which are not relevant to the exercise of a local authority’s functions under those sections."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2000 asp 4; section 12 was amended by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), schedule 5(1). Section 37 was amended by S.S.I. 2005/465. Section 39 was amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10), schedule 1 and by S.S.I. 2013/137. Section 41 was amended by S.S.I. 2005/465; and the Adult Support and Protection (Scotland) Act 2007 (asp 10), schedule 1 and S.S.I. 2013/137. Section 45 was amended by the Regulation of Care (Scotland) Act 2001 (asp 8), Schedule 3."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "2001 asp 10; section 92 was amended by the Housing (Scotland) Act 2006 (asp 1), schedule 7."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "2002 asp 5."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "2003 asp 13; section 17 was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), section 111(14), and schedules 14 and 17, and by the Police and Fire Reform (Scotland) Act 2012 (asp 8), schedule 7. Section 25 was amended by S.S.I. 2011/211. Section 34 was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedules 14 and 17."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "2006 asp 1; section 71 was amended by the Housing (Scotland) Act 2010 (asp 17), section 151."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "2007 asp 10; section 5 and section 42 were amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedules 14 and 17 and by the Police and Fire Reform (Scotland) Act 2012 (asp 8), schedule 7. Section 43 was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 14."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "2013 asp 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2014/9780111024645/schedule/part/1",
    "retrieved_at": "2026-10-30T15:35:35.847265+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}