SCHEDULES

SCHEDULE 1 E+WCivil legal services

Part 1 E+WServices

Community care E+W

6 (1) Civil legal services provided in relation to community care services. E+W

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(3) In this paragraph—

• “community care services” means services which a relevant person may provide or arrange to be provided under—

  (a)

  Part 3 of the National Assistance Act 1948 (“the 1948 Act”) (local authority support for children and families);

  (b)

  section 47 of the 1948 Act (removal to suitable premises of persons in need of care and attention);

  (c)

  section 48 of the 1948 Act (temporary protection for property of persons admitted to hospital);

  (d)

  section 45 of the Health Services and Public Health Act 1968 (arrangements for promoting welfare of old people);

  (e)

  section 117 of the Mental Health Act 1983 (after-care);

  (f)

  section 17 of the Children Act 1989 (“the 1989 Act”) (provision of services for children in need);

  (g)

  section 20 of the 1989 Act (provision of accommodation for children);

  (h)

  sections 22A, 22B, 22C and 23 of the 1989 Act (accommodation and maintenance for children in care and looked after children);

  (i)

  sections 23B and 23C of the 1989 Act (local authority functions in respect of relevant children);

  (j)

  sections 24, 24A and 24B of the 1989 Act (provision of services for persons qualifying for advice and assistance);

  (k)

  section 2 of the Carers and Disabled Children Act 2000 (services for carers);

  (l)

  F1 ...

  (m)

  section 192 of, and Schedule 15 to, the National Health Service (Wales) Act 2006 (functions of local social service authorities);

  (n)

  [F2 Part 1 of the Care Act 2014 (local authority’s functions of meeting adult’s needs for care and support);]

• “relevant person” means—

  (a)

  a district council;

  (b)

  a county council;

  (c)

  a county borough council;

  (d)

  a London borough council;

  (e)

  the Common Council of the City of London;

  (f)

  a Primary Care Trust established under section 18 of the National Health Service Act 2006;

  (g)

  a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

  (h)

  any other person prescribed for the purposes of this paragraph.

Textual Amendments

F1 Words in Sch. 1 Pt. 1 para. 6(3) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015, S.I.2015/914, art. 1(2), Sch. para 96(a) (with arts. 1(3), 3)

F2 Words in Sch. 1 Pt. 1 para. 6(3) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015, S.I.2015/914, art. 1(2), Sch. para 96(b) (with arts. 1(3), 3)