Part 6: Miscellaneous Social Care: Regulation and Financial Assistance Section 164: Default powers of Secretary of State in relation to adult social care
Subsection (1) amends Section 7D of the Local Authority Social Services Act 1970.
	Under section 7D of the Local Authority Social Services Act 1970, where the Secretary of State is satisfied that any local authority has failed – without a reasonable excuse – to comply with any of their duties that are social service functions (other than certain specified functions), the Secretary of State may make an order containing directions to the local authority for the purpose of ensuring the duty is complied with. Subsection (1) takes duties imposed by or under Part 1 of the Care Act 2014 out of scope of the powers conferred by section 7D.
	Subsection (2) makes provision to amend the Care Act 2014. Subsection (3) inserts sections 72A and 72B into the Care Act 2014.
	Under section 72A(1), where the Secretary of State considers that a local authority is failing, or has failed, to discharge its duties under Part 1 of the Care Act 2014 to an acceptable standard, the Secretary of State may issue directions to the local authority for the purpose of addressing the failure.
	Under section 72A(2), directions may:
require the local authority to co-operate with advice given by the Secretary of State or their nominee;
require the local authority to collaborate with the Secretary of State or their nominee in taking steps specified in the directions; or
require the local authority to provide information required either by the Secretary of State or their nominee.
	Under section 72A(3), where necessary for addressing the failure, directions may provide for specified adult social care functions of the local authority to be carried out by the Secretary of State or their nominee.
	Under section 72A(7) the local authority may be required by the directions to financially remunerate the Secretary of State or their nominee for costs they have incurred as a consequence of the directions.
	In accordance with section 72A(4), where the Secretary of State or their nominee have taken over the running of adult social care functions under subsection (3), where appropriate a reference to a local authority in legislation or other documents is to be read as a reference to the Secretary of State or their nominee.
	In accordance with section 72A(5), where directions given under section 72A(3) expire or are revoked and not replaced, a reference in any instruments or other documents to the Secretary of State or their nominee is to be read as a reference to the local authority to whom the directions were issued.
	Under section 72A(6), where the Secretary of State has taken over the running of any adult social services following directions made under subsection (3), they may by regulations disapply or modify legislation which gives the Secretary of State a function in relation to a function of a local authority. For example, under section 40 of the Care Act 2014 the Secretary of State is responsible for resolving ordinary residence disputes. It may not be appropriate for the Secretary of State to perform this role if the Secretary of State is also exercising adult social care functions of one of the LAs involved.
	Section 72B makes supplementary provisions in relation to directions made under section 72A.
The Secretary of State must give the local authority an opportunity to make representations on draft directions, except where the Secretary of State considers that for reasons of urgency it is not practical to do so (section 72B(1)).
The Secretary of State may change or revoke the directions by issuing further directions (section 72B(2)). Where the Secretary of State considers variations not to be significant, the duty in subsection (1) to allow local authorities to make representations does not apply (section 72B(3)).
The Secretary of State must issue directions to the local authority in writing (section 72B(4)). The Secretary of State must publish their directions, and the reasons for issuing them (72B(5)).
The Secretary of State can seek to enforce directions by applying for a court order (section 72B(6)).
	Subsection (4) amends section 125(4) of the Care Act 2014 to provide for the procedure by which regulations made under section 72A(6) are made (draft affirmative).