164 Default powers of Secretary of State in relation to adult social care
Health and Care Act 2022 (2022 c 31) | Legislation

164  Default powers of Secretary of State in relation to adult social care

(1)     In section 7D of the Local Authority Social Services Act 1970 (default powers of Secretary of State as respects social services functions of local authorities)—

(a)     in subsection (1), for the words from “imposed” to “2002” substitute “referred to in subsection (4)”;

(b)     after subsection (3) insert—

“(4)     Subsection (1) does not apply in relation to a duty imposed by or under—

(a)     the Children Act 1989,

(b)     section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999,

(c)     the Adoption and Children Act 2002, or

(d)     Part 1 of the Care Act 2014.”

(2)     The Care Act 2014 is amended in accordance with subsections (3) and (4).

(3)     After section 72 insert—

“Default by local authority

72A Default power of Secretary of State

(1)     Where the Secretary of State is satisfied that a local authority is failing, or has failed, to discharge any of its functions under or by virtue of this Part to an acceptable standard,

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