National Health Service Act 1977

SCHEDULE 8 E+W+S Local Social Services Authorities

Modifications etc. (not altering text)

C1 Sch. 8 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.

Care of mothers and young children E+W+S

1 (1) A local social services authority may, with the Secretary of State’s approval, and to such extent as he may direct shall, make arrangements for the care of expectant and nursing mothers [F1 (other than for the provision of residential accommodation for them)][F2 and of children who have not attained the age of 5 years and are not attending primary schools maintained by a local education authority [F3 or grant maintained schools].]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), 67(2), Sch. 9 para. 18(14)(a)

F2 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4))

F3 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 22

F4 S. 9, Sch. 5 Pt. I para. 4, Sch. 8 paras. 1(2), 2(5), 3(2), repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 13, 30, Sch. 10 Pt. I

Prevention, care and after-care E+W+S

2 (1) A local social services authority may, with the Secretary of State’s approval, and to such extent as he may direct shall, make arrangements for the purpose of the prevention of illness and for the care of persons suffering from illness and for the after-care of persons who have been so suffering and in particular for—

[F5 (a) the provision, equipment and maintenance of residential accommodation for the care of persons with a view to preventing them from becoming ill, the care of persons suffering from illness and the after-care of persons who have been so suffering;]

(b) the provision, for persons whose care is undertaken with a view to preventing them from becoming ill, persons suffering from illness, and persons who have been so suffering, of centres or other facilities for training them or keeping them suitably occupied and the equipment and maintenance of such centres;

(c) the provision, for the benefit of such persons as are mentioned in paragraph (b) above, of ancillary or supplemental services; and

[F6 (d) for the exercise of the functions of the authority in respect of persons suffering from mental disorder who are received into guardianship under Part II or III of the M1 Mental Health Act 1983 (whether the guardianship of the local social services authority or of other persons).]

Such an authority shall neither have the power nor be subject to a duty to make under this paragraph arrangements to provide facilities for any of the purposes mentioned in section 15(1) of the M2 Disabled Persons (Employment) Act 1944.

(2) No arrangements under this paragraph shall provide for the payment of money to persons for whose benefit they are made except—

(a) in so far as they may provide for the remuneration of such persons engaged in suitable work in accordance with the arrangements; [F7 or

(b) to persons who—

(i) are, or have been, suffering from mental disorder within the meaning of [F8 the M3 Mental Health Act 1983],

(ii) are under the age of 16 years, and

(iii) are resident in accommodation provided under the arrangements],

of such amounts as the local social services authority think fit in respect of their occasional personal expenses where it appears to that authority that no such payment would otherwise be made.

(3) The Secretary of State may make regulations as to the conduct of premises in which, in pursuance of arrangements made under this paragraph, are provided for persons whose care is undertaken with a view to preventing them from becoming sufferers from mental disorder within the meaning of [F9 that Act of 1983] or who are, or have been, so suffering, [F10 residential accommodation or] facilities for training them or keeping them suitably occupied.

[F11 (4) Any such regulations may in particular confer on the Secretary of State’s officers so authorised such powers of inspection as may be prescribed by the regulations.]

[F12 (4A) This paragraph does not apply in relation to persons under the age of 18.]

[F13 (4AA) No authority is authorised or may be required under this paragraph to provide residential accommodation for any person.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F5 Sch. 8 para. 2(1)(a) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1)(2), 67(2), Sch. 9 para. 18(14)(b), Sch. 10

F6 Para. 2(1)(d) substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(e)(i)

F7 Words repealed (prosp.) by Children Act 1989 (c.41, SIF 20), s. 108(2)(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4))

F8 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(e)(ii)

F9 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 47(e)(iii)

F10 Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

F11 Sch. 8 para. 2(4) repealed (prosp.) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), ss. 66(1)(2), 67(2), Sch. 9 para. 18(14)(b)(i), Sch. 10

F12 Sch. 8 para. 2(4A) added (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 34 (with s. 108(6), Sch. 14 para. 1(1))

F13 Sch. 8 para. 2(4AA) inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), 67(2), Sch. 9 para. 18(14)(b)(ii)

F14 S. 9, Sch. 5 Pt. I para. 4, Sch. 8 paras. 1(2), 2(5), 3(2), repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 13, 30, Sch. 10 Pt. I

Marginal Citations

M1 1983 c. 20(85).

M2 1944 c. 10(43:1).

M3 1983 c. 20(85).

Home help and laundry facilities E+W+S

3 (1) It is the duty of every local social services authority to provide on such a scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate, of home help for households where such help is required owing to the presence of—

[F15 (a)] a person who is suffering from illness, lying-in, an expectant mother, aged, handicapped as a result of having suffered from illness or by congenital deformity, [F15 or

(b) a child who has not attained the age which, for the purposes of the M4 Education Act 1944 is, in his case, the upper limit of the compulsory school age],

and every such authority has power to provide or arrange for the provision of laundry facilities for households for which home help is being, or can be, provided under this sub-paragraph.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F15 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4))

F16 S. 9, Sch. 5 Pt. I para. 4, Sch. 8 paras. 1(2), 2(5), 3(2), repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 13, 30, Sch. 10 Pt. I

Marginal Citations

M4 1944 c. 31(41:1).

[F17 Research E+W+S

Textual Amendments

F17 Para. 4 added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29(1), Sch. 9 Pt. I para. 23

4 E+W+S Without prejudice to any powers conferred on them by any other Act, a local social services authority may conduct or assist other persons in conducting research into matters relating to the functions of local social services authorities under this Schedule.]