National Assistance Act 1948

Section 33.

THIRD SCHEDULE E+W+S Administrative Provisions as to Local Authorities

Part I E+W+S

F1 1—8. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 paras. 1–8 repealed (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(7), Sch. 3 and (S.) by Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), s. 22, Sch. 6 Pt. III

[F2 Part II] E+W+S

Textual Amendments

F2 Sch. 3 Pt. II repealed (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(7), Sch. 3 and (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

Joint Boards E+W+S

9 (1) Where it appears to the Minister to be expedient in the interests of the efficiency of any services provided under Part III of this Act that a joint board should be established for the purpose of performing all or any of the functions under the said Part III of two or more local authorities, the Minister may by order constitute a joint board consisting of members appointed by those authorities and provide for the exercise by the board in lieu of the authorities of such of the said functions as may be specified in the order.

(2) An order under this paragraph shall not be made except after a local inquiry, unless all the authorities concerned have consented to the making of the order.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

10 A joint board constituted for the purposes of Part III of this Act shall be a body corporate with a common seal . . . F4 .

11 An order constituting such a joint board—

(a) may, without prejudice to the provisions of section two hundred and ninety-three of the M1 Local Government Act, 1933, . . . F5 (which authorise the application of the provisions of those Acts to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent local authorities;

(b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and the apportionment of liabilities;

(c) may confer on the board the like powers for the compulsory purchase of land as are exercisable by local authorities;

(d) may provide for the application, with such adaptations as may be specified, of any enactments relating to functions transferred to the board;

(e) may contain such other provisions as appear to the Minister to be expedient for enabling the board to exercise their functions;

[(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F6

[F7 Part III] E+W+S

Textual Amendments

F7 Pt. III repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

Application to Scotland E+W+S

12 The foregoing provisions of this Schedule shall in their application to Scotland have effect subject to the following modifications:—

(a) for any reference to section two hundred and ninety-three of the M2 Local Government Act, 1933, there shall be substituted a reference to section three hundred and sixty-three of the M3 Local Government (Scotland) Act, 1947 . . . F8

(b)—(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

13 A combination of local authorities in Scotland for the purposes of Part III of this Act may, notwithstanding anything in subsection (5) of section one hundred and twenty of the M4 Local Government (Scotland) Act, 1947, be effected under that section.