Regulation 2 Prescribed “regulated care functions” under Part 1 of the Care Act 2014

(1)

For the purpose of section 46A(2) of the Health and Social Care Act 2008, the functions of English local authorities under the provisions in Part 1 of the Care Act 2014 (functions relating to adult social care in England)^f1 listed in paragraph (2), including any functions in regulations made under those provisions, are prescribed as “regulated care functions”.

(2)

The provisions referred to in paragraph (1) are—

(a)

sections 1 to 7 (General responsibilities of local authorities)^f2;

(b)

sections 9 to 13 (Assessing needs);

(c)

sections 14(1) and (3) to (8) and 17(1) and (3) to (13) (Charging and assessing financial resources);

(d)

sections 18(1)(a) and (c), (2) to (4), (6), (7) and 19 and 20 (Duties and powers to meet needs);

(e)

sections 24(1) and (2), 25, 26(1) and (3), 27 and 30 (Next steps after assessments);

(f)

sections 31 to 33 (Direct payments);

(g)

sections 37(1), (3), (4), (5)(a), (e), (f), (6) to (15) and 38(1)(a) and (2) to (8) (Continuity of care and support when adult moves);

(h)

sections 42 and 43 (Safeguarding adults at risk of abuse or neglect);

(i)

section 48 (Provider failure);

(j)

sections 58 to 65 (Transition for children to adult care and support, etc)^f3;

(k)

sections 67 and 68 (Independent advocacy support)^f4; and

(l)

sections 77 to 79 (Miscellaneous).

Annotations

Footnotes

f1: 2014 c. 23.
f2: Section 6 was amended by the Health and Care Act 2022, section 1 and Schedule 1, paragraph 1(1) and (2) and section 32 and Schedule 4, paragraphs 193 and 194.
f3: Section 62 was amended by regulation 293 of S.I. 2016/413.
f4: Section 67 was amended by the Data Protection Act 2018 (c. 12), section 211(1)(a) and Schedule 19, paragraph 187 and by S.I. 2018/195, regulations 47 and 50.