Children and Young Persons Act 2008 (c. 23)

(1) A local authority may enter into arrangements with a body corporate for the discharge by that body of some or all of the relevant care functions of that authority (but subject to section 2). (2) The relevant care functions of a local authority are— (a) its social services functions in relation to individual children who are looked after by it; and (b) its functions under sections 23B to 24D of the 1989 Act. (3) A party (other than the local authority concerned) to arrangements entered into under this section— (a) may not include any other local authority; and (b) is referred to in this Part as a provider of social work services. (4) Arrangements under this section may be framed by reference to— (a) individuals of a particular description; (b) particular localities within the area of the local authority concerned. (5) Where an individual child (A) ceases to be looked after by a local authority and a provider of social work services (P) was discharging under arrangements under this Part social services functions of the authority in relation to A at that time, the arrangements may also make provision for P to discharge all or any of the authority's social services functions in relation to A after A ceases to be looked after by the authority. (6) The appropriate national authority may by regulations specify— (a) functions not falling within subsection (2) which are to be treated as being relevant care functions for the purposes of this section; (b) functions otherwise falling within that subsection which are to be treated as not being relevant care functions for the purposes of this section. (7) The appropriate national authority may by regulations make provision about the bodies corporate which may, or may not, be parties to arrangements under this section. (8) The appropriate national authority may by regulations provide that arrangements under this section may not be entered into— (a) for a period shorter than the prescribed minimum period; or (b) for a period exceeding the prescribed maximum period. (9) References in this Part to a child looked after by a local authority have the same meaning as they have in the 1989 Act (by virtue of section 22 of that Act). (10) “ Social services functions ” has the meaning given by section 1A of the Local Authority Social Services Act 1970 (c. 42). (11) In this Part— “ appropriate national authority ” means— (a) in relation to England, the Secretary of State; and (b) in relation to Wales, the Welsh Ministers; “ function ” includes any power to do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of a function; “ local authority ” means— (a) in relation to England, the council of a county, a metropolitan district or a London Borough or the Common Council of the City of London; and (b) in relation to Wales, the council of a county or a county borough. Commencement Information I1 S. 1 in force at 16.2.2009 for specified purposes for E. by S.I. 2009/323 , art. 2(a) I2 S. 1 in force at 16.12.2010 for specified purposes for E. by S.I. 2010/2981 , art. 3 I3 S. 1 in force at 14.11.2011 for specified purposes for E. by S.I. 2011/2703 , art. 2 I4 S. 1 in force at 12.11.2013 for E. so far as not already in force by S.I. 2013/2606 , art. 2(a)

(1) A local authority must not enter into arrangements under section 1 for the discharge of an excluded function. (2) The excluded functions are— (a) the local authority's functions in relation to independent reviewing officers; and (b) its functions as an adoption agency (unless the other party to the arrangements is a registered adoption society). (3) The functions referred to in subsection (2)(a) are the local authority's functions under— (a) regulations made under section 26 of the 1989 Act by virtue of subsection (2)(k) of that section (provision for appointment by local authority of a person to carry out certain functions in review of case of child looked after by the authority); (b) section 25A of the 1989 Act (appointment of independent reviewing officer). (4) A restriction imposed on a local authority by reference to its area applies to a provider of social work services as if the provider has the same area as the authority. (5) A local authority must not enter into arrangements under section 1 unless it is satisfied that the functions to which the arrangements relate will be discharged by, or under the supervision of, registered social workers. (6) “ Registered social worker ” means a person registered as a social worker— [ F1 (a) in the register maintained by Social Work England under section 39(1) of the Children and Social Work Act 2017; ] (b) in the register maintained by the Scottish Social Services Council under section 44 of the Regulation of Care (Scotland) Act 2001 (2001 asp 8); or (c) in the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3). (7) “ Registered adoption society ” has the meaning given by section 2(2) of the Adoption and Children Act 2002 (c. 38). Textual Amendments F1 S. 2(6)(a) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 5 para. 37(1) (with Sch. 5 para. 37(2) ); S.I. 2019/1436 , reg. 2(s) Commencement Information I5 S. 2 in force at 16.2.2009 for E. by S.I. 2009/323 , art. 2(b)