- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (10/10/2002)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 12/12/2002
Point in time view as at 10/10/2002.
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(1)Subject to paragraphs (d) and (e) of section 3(1) above, the services described in Schedule 8 to this Act in relation to—
(a)care of mothers F1. . .,
(b)prevention, care and after-care,
(c)home help and laundry facilities,
are functions exercisable by local social services authorities, and that Schedule has effect accordingly.
(2)A local social services authority who provide premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment—
(a)by any other local social services authority, or
(b)by any of the bodies constituted under this Act, or
(c)by a local education authority.
This permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed.
(3)A local social services authority may provide (or improve or furnish) residential accommodation—
(a)for officers employed by them for the purposes of any of their functions as a local social services authority, or
(b)for officers employed by a voluntary organisation for the purposes of any services provided under this section and Schedule 8.
Textual Amendments
F1Words in s. 21(1)(a) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
C1S. 21 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 54, 162(2), Sch. 3; S.I. 2002/2811, art. 2, Sch.
[F2(1)In exercising their respective functions NHS bodies (on the one hand) and local authorities (on the other) shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.
(1A)In this section “NHS body” means—
[F3(za)a Strategic Health Authority;]
(a)a Health Authority;
(b)a Special Health Authority;
(c)a Primary Care Trust; F4. . .
[F5(cc)a Local Health Board; or]
(d)an NHS trust.]
[F6(2)There shall be committees, to be called joint consultative committees, who shall [F7advise][F8bodies represented on them] on the performance of their duties under subsection (1) above, and on the planning and operation of services of common concern to those authorities. F9. . .
[F10(3)Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).
(3ZA)For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.]
[F11(3A)It is the Secretary of State’s duty by order to secure as respects each joint consultative committee that it includes additional members appointed in a manner specified in the order by voluntary organisations.]
(4)The Secretary of State shall have power by order to provide for any matter relating to joint consultative committees, and such an order may in particular—
(a)provide for the way in which the provisions of subsections (2) and (3) above are to be carried out, or provide for varying the arrangements set out in those subsections;
(b)provide, where it appears to the Secretary of State appropriate, for [F12a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority;]
(c)afford a choice to any authorities as to the number of joint consultative committees on which they are to be represented, and provide for the case where the authorities cannot agree on the choice;
(d)authorise or require a joint consultative committee to appoint any sub-committee or to join with another joint consultative committee or other joint consultative committees in appointing a joint sub-committee;
(e)authorise or require the appointment to a joint consultative committee, or to any sub-committee, of persons who are [F13neither—
(i)members of the authorities represented by the joint consultative committee; nor
(ii)appointed by virtue of an order under subsection (3A) above];
(f)require the authorities represented on a joint consultative committee to defray the expenses of the committee, and of any sub-committee, in such shares as may be determined by or under the order, and provide for the way in which any dispute between those authorities concerning the expenses is to be resolved; and
(g)require those authorities to make reports to the Secretary of State on the work of the joint consultative committee and of any sub-committee.
(5)Before making an order under this section the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned, and with any local authority with whom consultation appears to him to be desirable.
[F14(6)Without prejudice to the generality of section 126(4) below, the power to make an order conferred by subsection (3A) above may be exercised so as to make different provision for England and Wales and different provision for different communities in either.]]
Textual Amendments
F2S. 22(1)(1A) substituted (1.4.2000 for E. and 1.12.2000 for W. for specified purposes and otherwise prosp.) for s. 22(1) by 1999 c. 8, ss. 27, 67(1); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/2991, art. 2(1), Sch. 1
F3S. 22(1A)(za) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 1(3), Sch. 1 Pt. 1 para. 10; S.I. 2002/2478, art. 3(1)(c)
F4Word in s. 22(1A)(c) repealed (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 8, Sch. 9 Pt. 1; S.I. 2002/2532, art. 2
F5S. 22(1A)(cc) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 8; S.I. 2002/2532, art. 2
F6S. 22(2)-(6) repealed (9.2.2001 for E.W.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 5; S.I. 2001/270, art. 2(c), Sch.
F7Word in s. 22(2) inserted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 12(b) (with Sch. 2 paras. 6, 16)
F8Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 5(4), Sch. 3 para. 3(b)
F9Table in s. 22(2) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 12(c), Sch. 3 (with Sch. 2 paras. 6, 16)
F10S. 22(3)(3ZA) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) for s. 22(3) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 12(d) (with Sch. 2 paras. 6, 16)
F11S. 22(3A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 12, Sch. 5 para. 2(a)
F12Words in s. 22(4)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 12(e) (with Sch. 2 paras. 6, 16)
F13Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41 SIF 113:3), s. 12, Sch. 5 para. 2(b)
(1)The Secretary of State may, where he considers it appropriate, arrange with any person or body (including a voluntary organisation) for that person or body to provide, or assist in providing, any service under this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
(2)The Secretary of State may make available—
(a)to any person or body (including a voluntary organisation) carrying out any arrangements under subsection (1) above, or
(b)to any voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968 (assistance made available by the Secretary of State or local authorities),
any facilities (including goods or materials, or the use of any premises and the use of any vehicle, plant or apparatus) provided by him for any service under this Act; and, where anything is so made available, the services of persons employed by the Secretary of State or by a [F16Strategic Health Authority,][F17Health Authority [F18, Special Health Authority [F19, Primary Care Trust or Local Health Board]]] in connection with it.
(3)The powers conferred by this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Secretary of State, and any goods or materials may be made available either temporarily or permanently.
(4)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of this section and is used in accordance with the terms on which it is so made available, [F20the Vehicle Excise and Registration Act 1994] and [F21Part VI of the Road Traffic Act 1988] shall have effect with such modifications as are specified in the order.
(5)Any power to supply goods or materials conferred by this section includes a power to purchase and store them and includes a power to arrange with third parties for the supply of goods or materials by those third parties.
Textual Amendments
F15Para. repealed by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 7
F16Words in s. 23(2) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 11; S.I. 2002/2478, art. 3(1)(c)
F17Words in s. 23(2) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 13 (with Sch. 2 paras. 6, 16)
F18Words in s. 23(2) substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 13(2) (with art. 2(5))
F19Words in s. 23(2) substituted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 9; S.I. 2002/2532, art. 2
F20Words in s. 23(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 10 (with s. 57(4))
F21Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 18(1)
Modifications etc. (not altering text)
C2S. 23(1)-(3): functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1
C3S. 23(1)-(3): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1
Textual Amendments
Where the Secretary of State has acquired—
(a)supplies of human blood for the purposes of any service under this Act, or
(b)any part of a human body for the purpose of, or in the course of providing, any such service, or
(c)supplies of any other substances or preparations not readily obtainable,
he may arrange to make such supplies or that part available (on such terms, including terms as to charges, as he thinks fit) to any person.
This section is subject to section 62 below (restriction of powers under [F23section 25]).
Textual Amendments
F23Words substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 2
(1)The Secretary of State may—
(a)supply to local authorities, and to such public bodies or classes of public bodies as he may determine, any goods or materials of a kind used in the health service;
(b)make available to local authorities, and to those bodies or classes of bodies, any facilities (including the use of any premises and the use of any vehicle, plant or apparatus) provided by him [F24or by a Primary Care Trust] for any service under this act, and the services of persons employed by the Secretary of State or by a [F25Strategic Health Authority,][F26Health Authority [F27Special Health Authority [F28, Primary Care Trust or Local Health Board]]];
(c)carry out maintenance work in connection with any land or building for the maintenance of which a local authority is responsible.
In this subsection—
“maintenance work” includes minor renewals, minor improvements and minor extensions; and
“public bodies” includes public bodies in Northern Ireland.
[F29(2)The Secretary of State may supply or make available to persons—
(a)providing general medical services, general dental services, general ophthalmic services or pharmaceutical services, or
(b)providing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part,
such goods, materials or other facilities as may be prescribed.]
(3)The Secretary of State shall make available to local authorities—
(a)any services or other facilities (excluding the services of any person but including goods or materials, the use of any premises and the use of any vehicle, plant or apparatus) provided under this Act,
(b)the services provided as part of the health service by any person employed by the Secretary of State or a [F30Strategic Health Authority,][F26Health Authority [F31Special Health Authority or Primary Care Trust]], and
(c)the services of any medical practitioner, dental practitioner or nurse employed by the Secretary of State or a [F32Strategic Health Authority,][F26Health Authority [F31Special Health Authority or Primary Care Trust]] otherwise than to provide services which are part of the health service,
so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
[F33(4)The Secretary of State may arrange to make available to local authorities the services of persons of the following descriptions, that is to say—
(a)persons providing general medical services, general dental services, general ophthalmic services or pharmaceutical services,
[F34(aa)persons performing, in accordance with section 28C arrangements, personal medical services, personal dental services or other services of a kind that may be provided under this Part,] and
(b)persons providing [F35Strategic Health Authorities,][F36Health Authorities [F37Special Health Authorities or Primary Care Trusts]] with services of a kind provided as part of the health service,
so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.]
Textual Amendments
F24Words in s. 26(1)(b) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 4 para. 11(a); S.I. 1999/2342, art. 2(3), Sch. 2
F25Words in s. 26(1)(b) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 12(a); S.I. 2002/2478, art. 3(1)(c)
F26Words in s. 26 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 14(a)
F27Words in s. 26(1)(b) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(2), 67(1), Sch. 4 para. 11(a); S.I. 1999/2342, art. 2(3), Sch. 2
F28Words in s. 26(1)(b) substituted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 10; S.I. 2002/2532, art. 2
F29S. 26(2) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 5(2); S.I. 1998/631, art. 2(b), Sch. 2 (subject to arts. 3-5) (as amended (13.8.1998) by S.I. 1998/1998, art. 3(3))
F30Words in s. 26(3)(b) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 12(b); S.I. 2002/2478, art. 3(1)(c)
F31Words in s. 26(3)(b)(c) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 11(b); S.I. 1999/2342, art. 2(3), Sch. 2
F32Words in s. 26(3)(c) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 12(b); S.I. 2002/2478, art. 3(1)(c)
F34S. 26(4)(aa) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 5(3); S.I. 1998/631, art. 2(b), Sch. 2 (subject to arts. 3-5) (as amended (13.8.1998) by S.I. 1998/1998, art. 3(3))
F35Words in s. 26(4)(b) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 12(c); S.I. 2002/2478, art. 3(1)(c)
F36Words in s. 26(4)(b) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 14(b)
F37Words in s. 26(4)(b) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 11(c); S.I. 1999/2342, art. 2(3), Sch. 2
Modifications etc. (not altering text)
C4S. 26: functions of local authority not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1
C5S. 26(1)-(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1
(1)It is the Secretary of State’s duty, before he makes the services of any officer of a [F38Strategic Health Authority,][F39Health Authority [F40Special Health Authority [F41, Primary Care Trust or Local Health Board]]] available in pursuance of subsection (1)(b) or subsection (3)(b) or (c) of section 26 above, to consult the officer or a body recognised by the Secretary of State as representing the officer about the matter, or to satisfy himself that the [F42Strategic Health Authority,][F39Health Authority [F40Special Health Authority [F43, Primary Care Trust or Local Health Board]]] has consulted the officer about the matter.
(2)The Secretary of State shall be entitled to disregard the provisions of subsection (1) above in a case where he considers it necessary to make the services of an officer available as mentioned in that subsection for the purpose of dealing temporarily with an emergency, and has previously consulted such a body about the making available of services in an emergency.
(3)For the purposes of subsection (1)(b) or subsection (3)(b) or (c) of section 26 the Secretary of State may give such directions to [F44Strategic Health Authorities,][F45Health Authorities [F46Special Health Authorities [F47, Primary Care Trusts and Local Health Boards]]] to make the services of their officers available as he considers appropriate; [F48. . .].
(4)The powers conferred by this section and section 26 may be exercised on such terms as may be agreed, including terms as to the making of payments to the Secretary of State, and such charges may be made by the Secretary of State in respect of services or facilities provided under subsection (3) of section 26 as may be agreed between the Secretary of State and the local authority or, in default of agreement, as may be determined by arbitration.
(5)The Secretary of State may by order provide that, in relation to a vehicle which is made available by him in pursuance of section 26 and is used in accordance with the terms on which it is so made available, [F49the Vehicle Excise and Registration Act 1994] and [F50Part VI of the M1Road Traffic Act 1988] shall have effect with such modifications as are specified in the order.
(6)Any power to supply goods or materials conferred by section 26 includes a power to purchase and store them, and a power to arrange with third parties for the supply of goods or materials by those third parties.
Textual Amendments
F38Words in s. 27(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 13(a)(i); S.I. 2002/2478, art. 3(1)(c)
F39Words in s. 27(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 15(a)
F40Words in s. 27(1) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 12(2); S.I. 1999/2342, art. 2(3), Sch. 2
F41Words in s. 27(1) substituted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3), 42(3), Sch. 5 para. 11(a); S.I. 2002/2532, art. 2
F42Words in s. 27(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 13(a)(ii); S.I. 2002/2478, art. 3(1)(c)
F43Words in s. 27(1) substituted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3), 42(3), Sch. 5 para. 11(a); S.I. 2002/2532, art. 2
F44Words in s. 27(3) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 13(b); S.I. 2002/2478, art. 3(1)(c)
F45Words in s. 27(3) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 15(b)(i)
F46Words in s. 27(3) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 12(3)(a); S.I. 1999/2342, art. 2(3), Sch. 2
F47Words in s. 27(3) substituted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3), 42(3), Sch. 5 para. 11(b); S.I. 2002/2532, art. 2
F48Words in s. 27(3) omitted (1.9.1999 for E. and 1.12.1999 for W.) by virtue of 1999 c. 8, ss. 65(1), Sch. 4 para. 12(3)(b); S.I. 1999/2342, art. 2(1), Sch. 1; S.I. 1999/3184, art. 2(2), Sch. 2 and repealed (1.4.2000) by 1999 c. 8, ss. 65(2), Sch. 5; S.I. 2000/1041, art. 2(d), Sch.
F49Words in s. 27(5) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 10 (with s. 57(4))
F50Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 18(2)
Modifications etc. (not altering text)
C6S. 27(1)(2)(4): functions of local authoriry not to be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(a), Sch. 1
C7S. 27(1)(2)(4): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1
Marginal Citations
M11988 c. 52(107:1).
(1)In the M2Local Authorities (Goods and Services) Act 1970 the expression “public body” includes any [F51Strategic Health Authority,][F52Health Authority [F53Special Health Authority [F54, Primary Care Trust or Local Health Board]]] and so far as relates to his functions under this Act includes the Secretary of State.
(2)The provisions of subsection (1) above have effect as if made by an order under section 1(5) of that Act of 1970, and accordingly may be varied or revoked by such an order.
(3)Every local authority shall make available to [F55Strategic Health Authorities,][F56Health Authorities, Special Health Authorities [F57Primary Care Trusts [F58, Local Health Boards]]][F59and NHS trusts] acting in the area of the local authority the services of persons employed by the local authority for the purposes of the local authority’s functions under the M3Local Authorities Social Services Act 1970 so far as is reasonably necessary and practicable to enable [F60Strategic Health Authorities,][F56Health Authorities, Special Health Authorities [F61Primary Care Trusts [F61, Local Health Boards]]][F59and NHS trusts] to discharge their functions under this Act [F62and the National Health Service and Community Care Act 1990].
F63(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Words in s. 28(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 14(a); S.I. 2002/2478, art. 3(1)(c)
F52Words in s. 28(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 16(a)
F53Words in s. 28(1) substituted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 13(a); S.I. 1999/2342, art. 2(3), Sch. 2
F54Words in s. 28(1) substituted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 12(a); S.I. 2002/2532, art. 2
F55Words in s. 28(3) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 14(b)(i); S.I. 2002/2478, art. 3(1)(c)
F56Words in s. 28(3) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 16(b)
F57Words in s. 28(3) inserted (4.1.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 65(1), 67(2), Sch. 4 para. 13(b); S.I. 1999/2342, art. 2(3), Sch. 2
F58Words in s. 28(3) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 12(b); S.I. 2002/2532, art. 2
F59Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 21
F60Words in s. 28(3) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 14(b)(ii); S.I. 2002/2478, art. 3(1)(c)
F61Words in s. 28(3) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 12(b); S.I. 2002/2532, art. 2
F62Words added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 5(8), Sch. 2 para. 21
F63S. 28(4) repealed (retrospectively) by Health and Medicines Act 1988 (c. 49, SIF 113:2), ss. 19, 25(2), Sch. 3
Marginal Citations
M21970 c. 39(81:4).
M31970 c. 42(81:3).
(1)This section applies to the following [F65[F66bodies]—
(a)a Health Authority;]. . .
[F67(b)a Primary Care Trust[F68; and]]
[F69(c)a Local Health Board.]
(2)[F70A body to which] this section applies may, if they think fit, make payments—
(a)to a local social services authority towards expenditure incurred or to be incurred by them in connection with [F71any social services functions (within the meaning of the Local Authority Social Services Act 1970)], other than functions under section 3 of the M4Disabled Persons (Employment) Act 1958;
(b)to a district council, [F72or to a Welsh county council or county borough council,]towards expenditure incurred or to be incurred by them in connection with their functions under section 8 of the M5Residential Homes Act 1980 or Part II of Schedule 9 to the M6Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people);
(c)to an authority who are a local education authority for the purposes of [F73the Education Act 1996], towards expenditure incurred or to be incurred by them in connection with their functions under [F74the Education Acts (within the meaning of that Act)], in so far as they perform those functions for the benefit of disabled persons;
[F75(d)to a local housing authority within the meaning of the M7Housing Act 1985, towards expenditure incurred or to be incurred by them in connection with their functions under Part II of that Act (provision of housing); and]
(e)to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation,—
[F76(i)a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);.]
(ii)the Commission for the New Towns;
(iii)a new town development corporation;
(iv)an urban development corporation established under the M8Local Government, Planning and Land Act 1980;
(v)the Housing Corporation; F77. . .
F77(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F79(2A)A body to which this section applies may, if they think fit, make payments to a local authority towards expenditure incurred or to be incurred by the authority in connection with the performance of any of the authority’s functions which, in the opinion of the body,—
(a)have an effect on the health of any individuals,
(b)have an effect on, or are affected by, any NHS functions, or
(c)are connected with any NHS functions.
(2B)In this section “NHS functions” means functions exercised by a [F80Strategic Health Authority,] Health Authority, Special Health Authority, Primary Care Trust [F81, Local Health Board] or NHS trust.]
(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.
[F82(4)No payment shall be made under this section in respect of any expenditure unless the expenditure has been recommended for a payment under this section by a joint consultative committee on which the authority proposing to make the payment are represented.]
(5)The Secretary of State may by directions prescribe conditions relating to payments under this section.
(6)The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.
(7)Without prejudice to the generality of subsection (5) above, the power may be exercised—
(a)so as to make different provision for England and Wales and different provision for different [F83areas] in either; and
(b)so as to require, in such circumstances as may be specified,—
(i)repayment of the whole or any part of a payment under this section;
(ii)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.
(8)No payment shall be made under this section in respect of any expenditure unless the conditions relating to it—
[F82(a)accord with the advice given by the joint consultative committee in making the recommendation for a payment under this section in respect of the expenditure in question; and]]
(b)conform with the conditions prescribed for payments of that description under subsection (5) above.
(9)Where [F84the expenditure in respect of which a payment under this section is proposed to be made] is expenditure in connection with services to be provided by a voluntary organisation—
(a)the [F85body] who are to make the payment may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under subsection (2) [F86or (2A)] above; and
(b)an authority of one of the descriptions specified in paragraph (a), (b), (c) or (d) of subsection (2) above [F87, or in subsection (2A) above,] and who have received payments under that subsection may make out of the sums paid to them payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services,
but no payment shall be made under this subsection except subject to conditions [F88which conform with the conditions prescribed for payments of that description under subsection (5) above.]
Textual Amendments
F64Ss. 28A, 28B substituted for s. 28A by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 1
F65Words in s. 28A(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 17(a)
F66Word in s. 28A(1) substituted (1.11.1999 for E., 1.12.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 29(2)(a), 67(2); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2000/2991, art. 2(1), Sch. 1
F67S. 28A(1)(b) substituted (1.4.2000 for E. and otherwise prosp.) by 1999 c. 8, ss. 29(2)(b), 67(2); S.I. 1999/2793, art. 2(3)(b)
F68Word in s. 28A(1)(b) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(3), 42(3), Sch. 5 para. 13(a)(ii); S.I. 2002/2532, art. 2
F69S. 28A(1)(c) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 13(a)(ii); S.I. 2002/2532, art. 2
F70Words in s. 28A(2) substituted (1.11.1999 for E. and 1.12.2000 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(2); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2000/2991, art. 2(1), Sch. 1
F71Words in s. 28A(2)(a) substituted (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 17; S.I. 2000/2849, art. 2(1)
F72Words in s. 28A(2)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(2) (with Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F73Words in s. 28A(2)(c) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 44(a) (with s. 1(4), Sch. 9 paras. 30, 39, Sch. 39)
F74Words in s. 28A(2)(c) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 44(b) (with s. 1(4), Sch. 9 paras. 30, 39, Sch. 39)
F75S. 28A(2)(d) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 38(2)(a)
F76S. 28A(2)(e)(i) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 9(2)
F77S. 28A(2)(e)(vi) and word “and” immediately preceding repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
F78S. 28A(2)(e)(vii) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F79S. 28A(2A)(2B) inserted (1.11.1999 for E., 1.12.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 29(3), 67(2); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2000/2991, art. 2(1), Sch. 1
F80Words in s. 28A(2B) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 15; S.I. 2002/2478, art. 3(1)(c)
F81Words in s. 28A(2B) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 13(b); S.I. 2002/2532, art. 2
F82S. 28A(4)(8)(a) omitted (1.11.1999 for E. for specified purposes, 1.4.2000 for specified other purposes, 1.12.2000 for W. for specified purposes, and 1.1.2001 for other specified purposes) by virtue of 1999 c. 8, ss. 65(1), Sch. 4 para. 14(3); S.I. 1999/2793, art. 2(1)(a)(3)(c)(i), Sch. 1; S.I. 2000/2991, art. 2(1)(2), Schs. 1, 2
F83Word in s. 28A(7)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 17(b)
F84Words in s. 28A(9) substituted (1.11.1999 for E., 1.4.2000 for W. for specified purposes and otherwise 1.1.2001) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(4)(a); S.I. 1999/2793, art. 2(1)(a)(3)(c)(i), Sch. 1; S.I. 2000/2991, art. 2(1)(2), Schs. 1, 2
F85Word in s. 28A(9)(a) substituted (1.11.1999 for E. and 1.12.2000 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(4)(b); S.I. 1999/2793, art. 2(1)(a), Sch. 1; S.I. 2000/2991, art. 2(1), Sch. 1
F86Words in s. 28A(9)(a) inserted (1.4.2000 for E. and 1.1.2001 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(4)(c); S.I. 1999/2793, art. 2(3)(c)(i); S.I. 2000/2991, art. 2(2), Sch. 2
F87Words in s. 28A(9)(b) inserted (1.4.2000 for E. and 1.1.2001 for W.) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(4)(d); S.I. 1999/2793, art. 2(3)(c)(i); S.I. 2000/2991, art. 2(2), Sch. 2
F88Words in s. 28A(9)(b) substituted (1.11.1999 for E. for specified purposes, 1.4.2000 for specified other purposes, 1.12.2000 for W. and for specified other purposes, 1.1.2001) for s. 28A(b)(i)(ii) by 1999 c. 8, ss. 65(1), Sch. 4 para. 14(4)(e); S.I. 1999/2793, art. 2(1)(a)(3)(c)(i), Sch. 1; S.I. 2000/2991, art. 2(1)(2), Schs. 1, 2
Marginal Citations
M41958 c. 33(43:1).
M61983 c. 41(113:3).
M71985 c. 68(61).
M81980 c. 65(81:1, 2) (103:1, 2) (123:1, 2, 3, 4).
(1)The Secretary of State may, if he thinks fit, make payments—
(a)to authorities in Wales of any of the descriptions mentioned in paragraphs (a), (b), (c) and (d) of sectopm 28A(2) above, for the purposes respectively mentioned in those paragraphs;
(b)to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation in Wales,— F90
[F91(i)a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act);.]]
(ii)the Commission for the New Towns;
(iii)a new town development corporation;
(iv)an urban development corporation established under the M9Local Government, Planning and Land Act 1980;
F92(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Secretary of State may, if he thinks fit, make payments to a voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of services for which he could make payments under subsection (1) above.
(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.
(4)Conditions may be attached to a payment under this section.
(5)Without prejudice to the generality of subsection (4) above, the conditions that may be attached include conditions requiring, in such circumstances as may be specified,—
(a)repayment of the whole or any part of a payment under this section;
(b)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.
Textual Amendments
F89Ss. 28A, 28B substituted for s. 28A by Health and Social Services and Social Security Adjudications Act 1983 (c. 41,SIF 113:3), s. 1
F90S. 28B(1)(b)(i) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 38(3)
F91S. 28B(1)(b)(i) substituted (E.W.) (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 9(3)
F92S. 28B(1)(b)(v) repealed (1.11.1998) by virtue of 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F93S. 28B(1)(b)(vi) and the word “and” immediately preceding repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4
Marginal Citations
M91980 c. 53(113:2).
(1)A local authority may, if they think fit, make payments to a relevant NHS body towards expenditure incurred or to be incurred by the body in connection with the performance by the body of prescribed functions of the NHS body.
(2)In this section—
“prescribed” means prescribed to any extent by regulations made by the Secretary of State;
“relevant NHS body” means a [F95Strategic Health Authority or] Health Authority or a Primary Care Trust [F96or Local Health Board].
(3)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.
(4)The Secretary of State may by directions prescribe conditions relating to payments under this section.
(5)The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.
(6)Without prejudice to the generality of subsection (4) above, the power may be exercised—
(a)so as to make different provision for England and Wales and different provision for different areas in either; and
(b)so as to require, in such circumstances as may be specified—
(i)repayment of the whole or any part of a payment under this section; or
(ii)payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.
(7)No payment shall be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (4) above.]
Textual Amendments
F94S. 28BB inserted (1.4.2000 for E. and 1.12.2000 for W. for specified purposes and otherwise prosp.) by 1999 c. 8, ss. 30, 67(2); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/2991, art. 2(1), Sch. 1
F95Words in s. 28BB(2) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 16; S.I. 2002/2478, art. 3(1)(c)
F96Words in s. 28BB(2) inserted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), {Sch. 5 para. (14)}; S.I. 2002/2532, art. 2
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