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Changes over time for: Section 43
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 01/09/2006.
Changes to legislation:
National Health Service and Community Care Act 1990, Section 43 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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[43 Exclusion of powers to provide accommodation in certain cases.E+W
After section 26 of the National Assistance Act 1948 there shall be inserted—
26A“ Exclusion of powers to provide accommodation under this Part in certain cases.
(1)Subject to subsection (3) of this section, no accommodation may be provided under section 21 or 26 of this Act for any person who immediately before the date on which this section comes into force was ordinarily resident in relevant premises.
(2)In subsection (1) “relevant premises” means—
(a)premises in respect of which any person is registered under the Registered Homes Act 1984;
(b)premises in respect of which such registration is not required by virtue of their being managed or provided by an exempt body;
(c)premises which do not fall within the definition of a nursing home in section 21 of that Act by reason only of their being maintained or controlled by an exempt body; and
(d)such other premises as the Secretary of State may by regulations prescribe;
and in this subsection “exempt body” has the same meaning as in section 26 of this Act.
(3)The Secretary of State may by regulations provide that, in such cases and subject to such conditions as may be prescribed, subsection (1) of this section shall not apply in relation to such classes of persons as may be prescribed in the regulations.
(4)The Secretary of State shall by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in any premises for the purposes of subsection (1) of this section.
(5)This section does not affect the validity of any contract made before the date on which this section comes into force for the provision of accommodation on or after that date or anything done in pursuance of such a contract.”]
Textual Amendments
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