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National Assistance Act 1948

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Legislation Crest

X1National Assistance Act 1948

1948 CHAPTER 29 11 and 12 Geo 6

An Act to terminate the existing poor law and to provide in lieu thereof for the assistance of persons in need by the National Assistance Board and by local authorities; to make further provision for the welfare of disabled, sick, aged and other persons and for regulating homes for disabled and aged persons and charities for disabled persons; to amend the law relating to non-contributory old age pensions; to make provision as to the burial or cremation of deceased persons; and for purposes connected with the matters aforesaid.

[13th May 1948]

Editorial Information

X1[Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. 1 paras. 1-10]

Modifications etc. (not altering text)

C1Councils of administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes outside Greater London and Isles of Scilly together with municipal corporations of boroughs outside Greater London now abolished and councils of metropolitan counties, non-metropolitan counties and districts constituted by Local Government Act 1972 (c. 70), ss. 1, 2, Sch. 1

C2Councils of counties, counties of cities, large burghs, small burghs and districts in Scotland now abolished and regional, islands and district councils constituted by Local Government (Scotland) Act 1973 (c. 65), ss. 1, 2, Sch. 1

C3Functions of Minister of Health now exercisable by Secretary of State: S.I. 1968/1699

C4Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1Act not in force at Royal Assent see s. 68; Act wholly in force 1.2.1991

Part IE+W+S Introductory

1 Supersession of existing poor law.E+W+S

The existing poor law shall cease to have effect, and shall be replaced by the provisions . . . F1 of Part III of this Act as to accommodation and other services to be provided by local authorities, and the related provisions of Part IV of this Act.

Textual Amendments

Part IIE+W+S

2—20.F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

Part IIIE+W+S Local Authority Services

Modifications etc. (not altering text)

Provision of AccommodationE+W+S

[F321 Duty of local authorities to provide accommodation. E+W

(1)[F4Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing]]—

(a)residential accommodation for persons [F5aged eighteen or over] who by reason of age, [F6illness, disability] or any other circumstances are in need of care and attention which is not otherwise available to them; [F7and

(aa)residential accommodation for expectant and nursing mothers who are in need of care and attention which is not otherwise available to them]

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(1A)A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely—

(a)because he is destitute; or

(b)because of the physical effects, or anticipated physical effects, of his being destitute.

(1B)Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (1A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

(2)In [F4making any such arrangements] a local authority shall have regard to the welfare of all persons for whom accommodation is provided, and in particular to the need for providing accommodation of different descriptions suited to different descriptions of such persons as are mentioned in the last foregoing subsection.

[F10(2A)In determining for the purposes of paragraph (a) or (aa) of subsection (1) of this section whether care and attention are otherwise available to a person, a local authority shall disregard so much of the person’s resources as may be specified in, or determined in accordance with, regulations made by the Secretary of State for the purposes of this subsection.

(2B)In subsection (2A) of this section the reference to a person’s resources is a reference to his resources within the meaning of regulations made for the purposes of that subsection.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(4)[F12Subject to the provisions of section 26 of this Act] accommodation provided by a local authority in the exercise of their [F4functions under this section] shall be provided in premises managed by the authority or, to such extent as may be [F4determined in accordance with the arrangements] under this section, in such premises managed by another local authority as may be agreed between the two authorities and on such terms, including terms as to the reimbursement of expenditure incurred by the said other authority, as may be so agreed.

(5)References in this Act to accommodation provided under this part thereof shall be construed as references to accommodation provided in accordance with this and the five next following sections, and as including references to board and other services, amenities and requisites provided in connection with the accommodation except where in the opinion of the authority managing the premises their provision is unnecessary.

(6)References in this Act to a local authority providing accommodation shall be construed, in any case where a local authority agree with another local authority for the provision of accommodation in premises managed by the said other authority, as references to the first-mentioned local authority.

(7)Without prejudice to the generality of the foregoing provisions of this section, a local authority may—

(a)provide, in such cases as they may consider appropriate, for the conveyance of persons to and from premises in which accommodation is provided for them under this Part of the Act;

[F13(b)make arrangements for the provision on the premises in which the accommodation is being provided of such other services as appear to the authority to be required.]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(8)F15. . ., nothing in this section shall authorise or require a local authority to make any provision authorised or required to be made (whether by that or by any other authority) by or under any enactment not contained in this Part of this Act [F16or authorised or required to be provided under the National Health Service Act 1977].

Textual Amendments

F5Words in s. 21(1)(a) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 11(1)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F7S. 21(1)(aa) and word “and” immediately preceding it added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(1)(b); S.I. 1992/2975, art. 2(2), Sch.

F9S. 21(1A)(1B) inserted (6.12.1999) by 1999 c. 33, s. 116, 169(2)(with Sch. 15, para. 5); S.I. 1999/3190, art. 2, Sch.

F10S. 21(2A)(2B) substituted (1.10.2001 for E. and otherwiseprosp.) by 2001 c. 15, ss. 53, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3167, art. 2, Sch.

Modifications etc. (not altering text)

C8S. 21 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, {art. 2,}, Sch.

22 Charges to be made for accommodation.E+W

(1)[F17Subject to section 26 of this Act, where a person is provided with accommodation under this Part of this Act the local authority providing the accommodation shall recover from him the amount of the payment which he is liable to make] in accordance with the following provisions of this section.

(2)Subject to the following provisions of this section, the payment [F18which a person is liable to make] for any such accommodation shall be in accordance with a standard rate fixed for that accommodation by the authority managing the premises in which it is provided [F18and that standard rate shall represent the full cost to the authority of providing that accommodation].

(3)Where a person for whom accommodation in premises managed by any local authority is provided, or proposed to be provided, under this Part of this Act satisfies the local authority that he is unable to pay therefor at the standard rate, the authority shall assess his ability to pay F19. . ., and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F19. . .

(4)In assessing for the purposes of the last foregoing subsection a person’s ability to pay, a local authority shall assume that he will need for his personal requirements such sum per week as may be prescribed by the Minister, or such other sum as in special circumstances the authority may consider appropriate.

[F20(4A)Regulations made for the purposes of subsection (4) of this section may prescribe different sums for different circumstances.]

(5)In assessing as aforesaid a person’s ability to pay, a local authority shall give effect to [F21regulations made by the Secretary of State for the purposes of this subsection][F22except that, until the first such regulations come into force, a local authority shall give effect to Part III of Schedule 1 to the Supplementary Benefits Act 1976, as it had effect immediately before the amendments made by Schedule 2 to the Social Security Act 1980.]

[F23(5A)If they think fit, an authority managing premises in which accommodation is provided for a person shall have power on each occasion when they provide accommodation for him, irrespective of his means, to limit to [F24such amount as appears to them reasonable for him to pay] the payments required from him for his accommodation during a period commencing when they begin to provide the accommodation for him and ending not more than eight weeks after that.]

F25(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Where accommodation is provided by a local authority in premises managed by another local authority, the payment therefor under this section shall be made to the authority managing the premises and not to the authority providing accommodation, but the authority managing the premises shall account for the payment to the authority providing the accommodation.

F27(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F21Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 2(1) (by S.I. 1980/279, art. 3, it is provided that until (but not including) the day on which the first regulations made after 24.11.80 under s. 22(5) come into operation that part of para. 2(1) of Sch. 4 to the 1980 Act which amends s. 22(5) shall operate only for the purpose of enabling the Secretary of State to make such regulations)

Modifications etc. (not altering text)

C11S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

22 Charges to be made for accommodation.S

F187(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subject to the following provisions of this section, the payment [F188which a person is liable to make] for any such accommodation shall be in accordance with a standard rate fixed for that accommodation by the authority managing the premises in which it is provided [F188and that standard rate shall represent the full cost to the authority of providing that accommodation].

(3)Where a person for whom accommodation in premises managed by any local authority is provided, or proposed to be provided, under this Part of this Act satisfies the local authority that he is unable to pay therefor at the standard rate, the authority shall assess his ability to pay F189. . ., and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F189. . .

(4)In assessing for the purposes of the last foregoing subsection a person’s ability to pay, a local authority shall assume that he will need for his personal requirements such sum per week as may be prescribed by the Minister, or such other sum as in special circumstances the authority may consider appropriate.

[F190(4A)Regulations made for the purposes of subsection (4) of this section may prescribe different sums for different circumstances.]

(5)In assessing as aforesaid a person’s ability to pay, a local authority shall give effect to [F191regulations made by the Secretary of State for the purposes of this subsection][F192except that, until the first such regulations come into force, a local authority shall give effect to Part III of Schedule 1 to the Supplementary Benefits Act 1976, as it had effect immediately before the amendments made by Schedule 2 to the Social Security Act 1980.]

[F193(5A)If they think fit, an authority managing premises in which accommodation is provided for a person shall have power on each occasion when they provide accommodation for him, irrespective of his means, to limit to [F194such amount as appears to them reasonable for him to pay] the payments required from him for his accommodation during a period commencing when they begin to provide the accommodation for him and ending not more than eight weeks after that.]

F195(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Where accommodation is provided by a local authority in premises managed by another local authority, the payment therefor under this section shall be made to the authority managing the premises and not to the authority providing accommodation, but the authority managing the premises shall account for the payment to the authority providing the accommodation.

F197(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E6This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F191Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 2(1) (by S.I. 1980/279, art. 3, it is provided that until (but not including) the day on which the first regulations made after 24.11.80 under s. 22(5) come into operation that part of para. 2(1) of Sch. 4 to the 1980 Act which amends s. 22(5) shall operate only for the purpose of enabling the Secretary of State to make such regulations)

Modifications etc. (not altering text)

C55Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C56S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)

C57S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

[F2823 Management of premises in which accommodation provided. E+W

(1)Subject to the provisions of this Part of this Act, a local authority may make rules as to the conduct of premises under their management in which accommodation is provided under this Part of this Act and as to the preservation of order in the premises.

(2)Rules under this section may provide that where by reason of any change in a person’s circumstances he is no longer qualified to receive accommodation under this Part of this Act or where a person has otherwise become unsuitable therefor, he may be required by the local authority managing the premises to leave the premises in which the accommodation is provided.

(3)Rules under this section may provide for the waiving of part of the payments due under the last foregoing section where in compliance with the rules persons for whom accommodation is provided assist in the running of the premises.]

Textual Amendments

Modifications etc. (not altering text)

[F2924 Authority liable for provision of accommodation. E+W

(1)The local authority [F30empowered] under this Part of this Act to provide residential accommodation for any person shall subject to the following provisions of this Part of this Act be the authority in whose area the person is ordinarily resident.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(3)Where a person in the area of a local authority—

(a)is a person with no settled residence, or

(b)not being ordinarily resident in the area of the local authority, is in urgent need of residential accommodation under this Part of this Act,

the authority shall have the like [F30power] to provide residential accommodation for him as if he were ordinarily resident in their area.

(4)Subject to and in accordance with the [F30arrangements] under section twenty-one of this Act, a local authority shall have power, as respects a person ordinarily resident in the area of another local authority, with the consent of that other authority to provide residential accommodation for him in any case where the authority would have a duty to provide such accommodation if he were ordinarily resident in their area.

(5)Where a person is provided with residential accommodation under this Part of this Act, he shall be deemed for the purposes of this Act to continue to be ordinarily resident in the area in which he was ordinarily resident immediately before the residential accommodation was provided for him.

[F32(6)For the purposes of the provision of residential accommodation under this Part of this Act, a [F33patient in a hospital vested in the Secretary of State [F34, a Primary Care Trust]or an NHS trust shall] be deemed to be ordinarily resident in the area, if any, in which he was ordinarily resident immediately before he was admitted as a patient to the hospital, whether or not he in fact continues to be ordinarily resident in that area.]

[F35(7)In subsection (6) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or under the National Health Service (Scotland) Act 1978 [F36 , and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.].]]

Textual Amendments

F34Words in s. 24(6) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 2(a)

F36Words in s. 24(7) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 2(b)

Modifications etc. (not altering text)

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W+S

Textual Amendments

26 Provision of accommodation in premises maintained by voluntary organisations.E+W

[F38(1)Subject to subsections (1A) and [F39(1C)] below, arrangements under section 21 of this Act may include arrangements made with a voluntary organisation or with any other person who is not a local authority where—

(a)that organisation or person manages premises which provide for reward accommodation falling within subsection (1) (a) or (aa) of that section, and

(b)the arrangements are for the provision of such accommodation in those premises.

[F40(1A)Arrangements must not be made by virtue of this section for the provision of accommodation together with nursing or personal care for persons such as are mentioned in section 3(2) of the Care Standards Act 2000 (care homes) unless—

(a)the accommodation is to be provided, under the arrangements, in a care home (within the meaning of that Act) which is managed by the organisation or person in question; and

(b)that organisation or person is registered under Part II of that Act in respect of the home.]

(1C)Subject to subsection (1D) below, [F41no arrangements may be made by virtue of this section for the provision of accommodation together with nursing]without the consent of such [F42Health Authority] as may be determined in accordance with regulations.

(1D)Subsection (1C) above does not apply to the making by an authority of temporary arrangements for the accommodation of any person as a matter of urgency; but, as soon as practicable after any such temporary arrangements have been made, the authority shall seek the consent required by subsection (1C) above to the making of appropriate arrangements for the accommodation of the person concerned.

(1E)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any [F44arrangements made by virtue of F45. . . this section] shall provide for the making by the local authority to [F46the other party thereto] of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F47and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangments the amount of the refund which he is liable to make in accordance with the following provisions of this section].

(3)[F48Subject to subsection (3A) below] A person for whom accommodation is provided under any such arrangements shall, in lieu of being liable to make payment therefor in accordance with section twenty-two of this Act, refund to the local authority any payments made in respect of him under the last foregoing subsection:

Provided that where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the local athority that he is unable to make a refund at the full rate determined under that subsection, subsections (3) to (5) of section twenty-two of this Act shall, with the necessary modifications, apply as they apply where a person satisfies the local authority of his inability to pay at the standard rate as mentioned in the said subsection (3).

[F49(3A)Where accommodation in any premises is provided for any person under arrangements made by virtue of this section and the local authority, the person concerned and the voluntary organisation or other person managing the premises (in this subsection referred to as “the provider”) agree that this subsection shall apply—

(a)so long as the person concerned makes the payments for which he is liable under paragraph (b) below, he shall not be liable to make any refund under subsection (3) above and the local authority shall not be liable to make any payment under subsection (2) above in respect of the accommodation provided for him;

(b)the person concerned shall be liable to pay to the provider such sums as he would otherwise (under subsection (3) above) be liable to pay by way of refund to the local authority; and

(c)the local authority shall be liable to pay to the provider the difference between the sums paid by virtue of paragraph (b) above and the payments which, but for paragraph (a) above, the authority would be liable to pay under subsection (2) above.]

(4)Subsections [F50(5A),] . . . , (7) and (9) of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as they apply for the purposes of the said section twenty-two.

[F51(4A)Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.]

(5) Where in any premises accommodation is being provided under F52. . . this section in accordance with arrangements made by any local authority, any person authorised in that behalf by the authority may at all reasonable times enter and inspect the premises.

F53(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M1Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946 [F54F55. . . and “exempt body” means an authority or body constituted by an Act of Parliament or incorporated by Royal Charter].]

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F38S. 26(1)-(1E) substituted (E.W.) (1.4.1993) for s. 26(1)(1A) by Community Care (Residential Accommodation) Act 1992 (c. 49), s. 1(1) (s. 1(2) of which Act repealed s. 42(2) of 1990 c. 19); S.I. 1992/2976, art. 2

F39Words in s. 26(1) substituted (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(2); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, arts. 2, 3 (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F40S. 26(1A) substituted for s. 26(1A)(1B) (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(3); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts. 2, {3} (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F41Words in s. 26(1C) substituted (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(4); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts. 2, {3} (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F42Words in s. 26(1C) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III, para. 87(2) (with Sch. 2 paras. 6, 16)

F43S. 26(1E) repealed (1.4.2002 for E. and otherwise prosp. ) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts 2, {3} (with arts. 3(5)-(10) and subject to transitional provisions in Schs. 1-3)

F44Words from “arrangements” to “section” substituted (E.W.) for words from “such” to “aforesaid” by Local Government Act 1972 (c. 70, SIF 81:1), s. 195(6), Sch. 23 para. 2(3)

F46 “the other party thereto” substituted (E.W.) for “the organisation” by Health Services and Public Health Act 1968 (c. 46, SIF 81:3), s. 44(2)

F55Definition of “small home” in s. 26(7) omitted (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20), s. 2(5)(b); S.I. 1992/2240, art. 2

Modifications etc. (not altering text)

Marginal Citations

26 Provision of accommodation in premises maintained by voluntary organisations.S

F198(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Anysuch arrangements as aforesaid shall provide for the making by the local authority tothe organisation of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F199and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangments the amount of the refund which he is liable to make in accordance with the following provisions of this section].

(3)[F200Subject to subsection (3A) below] A person for whom accommodation is provided under any such arrangements shall, in lieu of being liable to make payment therefor in accordance with section twenty-two of this Act, refund to the local authority any payments made in respect of him under the last foregoing subsection:

Provided that where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the local athority that he is unable to make a refund at the full rate determined under that subsection, subsections (3) to (5) of section twenty-two of this Act shall, with the necessary modifications, apply as they apply where a person satisfies the local authority of his inability to pay at the standard rate as mentioned in the said subsection (3).

[F201(3A)Where accommodation in any premises is provided for any person under arrangements made by virtue of this section and the local authority, the person concerned and the voluntary organisation or other person managing the premises (in this subsection referred to as “the provider”) agree that this subsection shall apply—

(a)so long as the person concerned makes the payments for which he is liable under paragraph (b) below, he shall not be liable to make any refund under subsection (3) above and the local authority shall not be liable to make any payment under subsection (2) above in respect of the accommodation provided for him;

(b)the person concerned shall be liable to pay to the provider such sums as he would otherwise (under subsection (3) above) be liable to pay by way of refund to the local authority; and

(c)the local authority shall be liable to pay to the provider the difference between the sums paid by virtue of paragraph (b) above and the payments which, but for paragraph (a) above, the authority would be liable to pay under subsection (2) above.]

(4)Subsections [F202(5A),] . . . , (7) and (9) of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as they apply for the purposes of the said section twenty-two.

[F203(4A)Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.]

F198(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F204(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M29Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946.

Extent Information

E7This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

Modifications etc. (not altering text)

C58Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

Marginal Citations

26A Exclusion of powers to provide accommodation under this Part in certain cases.E+W

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56S. 26A ceased to have effect (8.4.2002) by virtue of 2001 c. 15, s. 50(1)(a) and repealed (15.4.2002) by 2001 c. 15, s. 67(2), Sch. 6 Pt. 3 (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(1); S.I. 2002/1312, art. 3

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57E+W+S

Textual Amendments

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W+S

Textual Amendments

Welfare ServicesE+W+S

[F5929 Welfare arrangements for blind, deaf, dumb and crippled persons, etc. E+W

(1)A local authority [F60may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the area of the local authority shall] make arrangements for promoting the welfare of persons to whom this section applies, that is to say persons [F61aged eighteen or over] who are blind, deaf or dumb, [F62or who suffer from mental disorder of any description] and other persons [F61aged eighteen or over] who are substantially and permanently handicapped by illness, injury, or congenital deformity or such other disabilities as may be prescribed by the Minister.

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

(4)Without prejudice to the generality of the provisions of subsection (1) of this section, arrangements may be made thereunder—

(a)for informing persons to whom arrangements under that subsection relate of the services available for them thereunder;

(b)for giving such persons instruction in their own homes or elsewhere in methods of overcoming the effects of their disabilities;

(c)for providing workshops where such persons may be engaged (whether under a contract of service or otherwise) in suitable work, and hostels where persons engaged in the workshops, and other persons to whom arrangements under subsection (1) of this section relate and for whom work or training is being provided in pursuance of the M2Disabled Persons (Employment) Act, 1944, [F64or the M3Employment and Training Act 1973] may live;

(d)for providing persons to whom arrangements under subsection (1) of this section relate with suitable work (whether under a contract of service or otherwise) in their own homes or elsewhere;

(e)for helping such persons in disposing of the produce of their work;

(f)for providing such persons with recreational facilities in their own homes or elsewhere;

(g)for compiling and maintaining classified registers of the persons to whom arrangements under subsection (1) of this section relate.

[F65(4A)Where accommodation in a hostel is provided under paragraph (c) of subsection (4) of this section—

(a)if the hostel is managed by a local authority, section 22 of this Act shall apply as it applies where accommodation is provided under section 21;

(b)if the accommodation is provided in a hostel managed by a person other than a local authority under arrangements made with that person, subsections (2) to (4A) of section 26 of this Act shall apply as they apply where accommodation is provided under arrangements made by virtue of that section; and

(c)sections 32 and 43 of this Act shall apply as they apply where accommodation is provided under sections 21 to 26;

and in this subsection references to “accommodation” include references to board and other services, amenities and requisites provided in connection with the accommodation, except where in the opinion of the authority managing the premises or, in the case mentioned in paragraph (b) above, the authority making the arrangements their provision is unnecessary.]

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(6)Nothing in the foregoing provisions of this section shall authorise or require—

(a)the payment of money to persons to whom this section applies, other than persons for whom work is provided under arrangements made by virtue of paragraph (c) or paragraph (d) of subsection (4) of this section or who are engaged in work which they are enabled to perform in consequence of anything done in pursuance of arrangements made under this section; or

(b)the provision of any accommodation or services required to be provided under the [F67National Health Service Act 1977] or the M4National Health Service (Scotland) Act, 1947.

(7)A person engaged in work in a workshop provided under paragraph (c) of subsection (4) of this section, or a person in receipt of a superannuation allowance granted on his retirement from engagement in any such workshop, shall be deemed for the purposes of this Act to continue to be ordinarily resident in the area in which he was ordinarily resident immediately before he [F68was accepted for work in that workshop; and for the purposes of this subsection a course of training in such a workshop shall be deemed to be work in that workshop].]

Textual Amendments

F61Words in s. 29(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 11(2)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C19S. 29 excluded by Local Authority Social Services Act 1970 (c. 42) s. 2(1), Sch. 1

Marginal Citations

[F6930 Voluntary organisations for disabled persons’ welfare. E+W

(1)A local authority may, [F70in accordance with arrangements made under section 29 of this Act], employ as their agent for the purposes of that section [F71any voluntary organisation for the time being registered in accordance with this Act being an organisation having for its sole or principal object or among its principal objects the promotion of the welfare of persons to whom the last foregoing section applies][F71any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for any of the persons to whom section 29 above applies, being an organisation or person appearing to the authority to be capable of providing the service to which the arrangements apply].

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73]

Textual Amendments

F71Words commencing “any voluntary organisation or any person” substituted (1.4.1991) (E.W.) for words commencing “any voluntary organisation for the time being” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(6)

F73S. 30(3) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

Modifications etc. (not altering text)

[F7430A Research.E+W+S

Without prejudice to any powers conferred on them by any other Act,—

(a)the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and

(b)a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.]

Textual Amendments

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75E+W+S

Textual Amendments

[F76 Financial adjustments between Local AuthoritiesE+W

Textual Amendments

32 Adjustments between authority providing accommodation, &c., and authority of area of residence. E+W

(1)Any expenditure which apart from this section would fall to be borne by a local authority—

(a)in the provision under this Part of this Act of accommodation for a person ordinarily resident in the area of another local authority, or

(b)in the provision under section twenty-nine of this Act of services for a person ordinarily so resident, or

(c)in providing under paragraph (a) of subsection (7) of section twenty-one of this Act for the conveyance of a person ordinarily resident as aforesaid,

shall be recoverable from the said other local authority.

(2)For the purposes of paragraph (a) of the last foregoing subsection it shall be assumed that the expenditure incurred by a local authority in providing accommodation for any person is, as respects accommodation provided in premises managed by a local authority, at the rate for the time being fixed for that accommodation under subsection (2) of section twenty-two of this Act, and, as respects accommodation provided pursuant to an arrangement made under section twenty-six of this Act, at the rate referred to in subsection (2) of that section.

(3)Any question arising under this Part of this Act as to the ordinary residence of a person shall be determined by the Minister.]

Modifications etc. (not altering text)

Local and Central AuthoritiesE+W+S

33 Local Authorities for purposes of Part III.E+W+S

(1)In this Part of this Act the expression “local authority” means [F77a council which is a local authority for the purposes of the M5Local Authority Social Services Act 1970] in England or Wales, and [F78a [F79council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland]:

. . . F80

F81(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79Words in s. 33(1) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(2); S.I 1996/323, art. 4(1)(b)(c)

Marginal Citations

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82E+W+S

Textual Amendments

[F8335 Central Authority for purposes of Part III. E+W

(1)For the purposes of this Part of this Act the expression “the Minister” means the Minister of Health as respects England and Wales, and the Secretary of State as respects Scotland.

[F84(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85, local authorities shall exercise their functions under this Part of this Act (including any discretion conferred on them thereunder). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86 in accordance with the provisions of any regulations of the Minister made for the purposes of this subsection.

(3)Without prejudice to the generality of the last foregoing subsection, regulations thereunder—

(a)may provide for conferring on officers of the Minister authorised under the regulations such powers of inspection as may be prescribed in relation to the exercise of functions under this Part of this Act by or by arrangement with or on behalf of local authorities;

(b)may prescribe requirements as to the provision to be made in rules for the conduct of, and preservation of order in, premises in which accommodation is provided under this Part of this Act by local authorities;

(c)may make provision with respect to the qualifications of officers employed by local authorities for the purposes of this Part of this Act or by voluntary organisations acting under arrangements with or on behalf of local authorities for those purposes.]]

Textual Amendments

Modifications etc. (not altering text)

[F8736 Default powers of Minister. E+W+S

(1)Where the Minister is of opinion, whether on representations made to him or otherwise, that a local authority have failed to discharge any of their functions under this Part of this Act, or have in the discharge thereof failed to comply with any regulations relating thereto, he may after such inquiry as he may think fit make an order declaring the authority to be in default.

(2)An order under the last foregoing subsection shall direct the authority, for the purpose of remedying the default, to discharge such of their functions, in such manner and within such time or times, as may be specified in the order; and if the authority fail to comply with any direction given under this subsection within the time specified in the order, then without prejudice to any other means of enforcing the order the Minister may make an order transferring to himself such of the functions of the authority as he thinks fit.

(3)Any expenses certified by the Minister to have been incurred by him in discharging functions transferred to him under this section shall on demand be paid to him by the authority from which the functions were transferred.

(4)An authority shall have the like power of raising money required for paying expenses certified by the Minister as aforesaid as they have of raising money for paying expenses incurred directly by them, and the payment of any expenses certified as aforesaid shall, to such extent as may be sanctioned by the Minister, be a purpose for which the authority may borrow money in accordance with the statutory provisions relating to borrowing by that authority.

(5)An order under this section may contain such incidental or supplemental provisions as appear to the Minister to be necessary or expedient, including provision for the transfer to the Minister of property and liabilities of the authority in default.

(6)Where any such order is varied or revoked by a subsequent order, the revoking order or a subsequent order may make provision for the re-transfer to the authority in default of any property or liabilities transferred from that authority to the Minister under the first-mentioned order and for the transfer to that authority of any property or liabilities acquired or incurred by the Minister in discharging any of the functions transferred to him.]

Textual Amendments

Modifications etc. (not altering text)

Part IVE+W+S General and Supplementary

Modifications etc. (not altering text)

C31Pt. 4 saved by Mental Health Act 1959 (c. 72), s. 8(3) (which affecting provision is repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1)

Registration etc. of homes for disabled persons and the aged and charities for disabled personsE+W+S

37—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88E+W+S

Textual Amendments

F8941. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F89S. 41 repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1 Appendix

Recovery of ExpensesE+W+S

42 Liability to maintain wife or husband and children. E+W+S

(1)For the purposes of this Act—

(a)a man shall be liable to maintain his wife and his children, and

(b)a woman shall be liable to maintain her husband and her children.

[F90(2)The reference in paragraph (a) of the last foregoing subsection to a man’s children includes a reference to children of whom he has been adjudged to be the putative father, and the reference in paragraph (b) of that subsection to a woman’s children includes a reference to her illegitimate children.]

[F91X2(3)In the application of subsection (2) of this section to Scotland, for the reference to children of whom a man has been adjudged to be the putative father there shall be substituted a reference to children his paternity of whom has been admitted or otherwise established.]

[F91X2(3)Subsection (2) of this section shall not apply to Scotland and, in the application thereto of subsection (1) of this section, any reference to “children” includes a reference to children whether or not their parents have ever been married to one another.]

Editorial Information

X2S. 42 subsection (3) commencing “Subsection (2)” substituted (S.) for subsection (3) commencing “In the application of” by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 5

Textual Amendments

F91S. 42 subsection (3) commencing “Subsection (2)” substituted (S.) for subsection (3) commencing “In the application of” by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 5

Modifications etc. (not altering text)

43 Recovery of cost of assistance from persons liable for maintenance. E+W

(1)Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F92 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.

(2)On a complaint under this section the court shall have regard to all the cirumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.

(3)For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.

(4)In this section the expression “assistance” means . . . F92 the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means a court of summary jurisdiction [F93having jurisdiction in the place][F93appointed for the commission area F94. . .] where the assistance was given or applied for.

(5)Payments under subsection (2) of this section shall be made—

(a)to . . . F92 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or

(b)to the applicant for assistance or any other person being a person assisted, or

(c)to such other person as appears to the court expedient in the interests of the person assisted,

or as to part in one such manner and as to part in another, as may be provided by the order.

[F95[F96(6)An order under this section shall be enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980.]

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

(8)Subsections (6) and (7) of this section do not extend to Scotland.]

Extent Information

E3This version of the provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F93Words commencing “appointed for the” substituted (E.W) for words “having jurisdiction in the place” by Domestic Proceedings and Magistrates' Courts Act 1978 (c.22, SIF 49:3), Sch. 1, Sch. 2 para. 6

F94Words in s. 43(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9); S.I. 1999/2657, art. 2(d)(iii)

Modifications etc. (not altering text)

43 Recovery of cost of assistance from persons liable for maintenance. S

(1)Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F205 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.

(2)On a complaint under this section the court shall have regard to all the cirumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.

(3)For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.

(4)In this section the expression “assistance” means . . . F205 the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means a court of summary jurisdiction appointed for the commission area (within the meaning of [F206the Justices of the Peace Act 1979]) where the assistance was given or applied for.

(5)Payments under subsection (2) of this section shall be made—

(a)to . . . F205 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or

(b)to the applicant for assistance or any other person being a person assisted, or

(c)to such other person as appears to the court expedient in the interests of the person assisted,

or as to part in one such manner and as to part in another, as may be provided by the order.

Extent Information

E8This version of the provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Modifications etc. (not altering text)

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98E+W+S

Textual Amendments

45 Recovery in cases of misrepresentation or non-disclosure. E+W+S

(1)If, whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and in consequence of the misrepresentation or failure—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99 a local authority incur any expenditure under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99 Part III of this Act, or

(b)any sum recoverable under this Act by . . . F99 a local authority is not recovered,

the . . . F99 authority shall be entitled to recover the amount thereof from the said person.

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

Textual Amendments

Modifications etc. (not altering text)

MiscellaneousE+W+S

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101E+W+S

Textual Amendments

47 Removal to suitable premises of persons in need of care and attention. E+W

(1)The following provisions of this section shall have effect for the purposes of securing the necessary care and attention for persons who—

(a)are suffering from grave chronic disease or, being aged, infirm or physically incapacitated, are living in insanitary conditions, and

(b)are unable to devote to themselves, and are not receiving from other persons, proper care and attention.

(2)If the medical officer of health certifies in writing to the appropriate authority that he is satisfied after thorough inquiry and consideration that in the interests of any such person as aforesaid residing in the area of the authority, or for preventing injury to the health of, or serious nuisance to, other persons, it is necessary to remove any such person as aforesaid from the premises in which he is residing, the appropriate authority may apply to a court of summary jurisdiction having jurisdiction in the place where the premises are situated for an order the next following subsection.

(3)On any such application the court may, if satisfied on oral evidence of the allegations in the certificate, and that it is expedient so to do, order the removal of the person to whom the application relates, by such officer of the appropriate authority as may be specified in the order, to a suitable hospital or other place in, or within convenient distance of, the area of the appropriate authority, and his detention 5and maintenance therein:

Provided that the court shall not order the removal of a person to any premises, unless either the person managing the premises has been heard in the proceedings or seven clear days’ notice has been given to him of the intended application and of the time and place at which it is proposed to be made.

(4)An order under the last foregoing subsection may be made so as to authorise a person’s detention for any period not exceeding three months, and the court may from time to time by order extend that period for such further period, not exceeding three months, as the court may determine.

(5)An order under subsection (3) of this section may be varied by an order of the court so as to substitute for the place referred to in that subsection such other suitable place in, or within convenient distance of, the area of the appropriate authority as the court may determine, so however that the proviso to the said subsection (3) shall with the necessary modification apply to any proceedings under this subsection.

(6)At any time after the expiration of six clear weeks from the making of an order under subsection (3) or (4) of this section an application may be made to the court by or on behalf of the person in respect of whom the order was made, and on any such application the court may, if in the circumstances it appears expedient so to do, revoke the order.

(7)No application under this section shall be entertained by the court unless, seven clear days before the making of the application, notice has been given of the intended application and of the time and place at which it is proposed to be made—

(a)where the application is for an order under subsection (3) or (4) of this section, to the person in respect of whom the application is made or to some person in charge of him;

(b)where the application is for the revocation of such an order, to the medical officer of health

(8)Where in pursuance of an order under this section a person is maintained neither in hospital accommodation provided by the Minister of Health under the [F102or the M6National Health Service Reorganisation Act 1973][F103National Health Service Act 1977] or by the Secretary of State under the National Health Service (Scotland) [F104Acts 1947 to 1972], nor in premises where accommodation is provided by, or by arrangement with, a local authority under Part III of this Act, the cost of his maintenance shall be borne by the appropriate authority.

(9)Any expenditure incurred under the last foregoing subsection shall be recoverable from the person maintained or from any person who for the purposes of this Act is liable to maintain that person; and any expenditure incurred by virtue of this section in connection with the maintenance of a person in premises where accommodation is provided under Part III of this Act shall be recoverable in like manner as expenditure incurred in providing accommodation under the said Part III.

F105(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)Any person who wilfully disobeys, or obstructs the execution of, an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F106level 1 on the standard scale].

(12)For the purposes of this section, the appropriate authorities shall be the councils of [F107districts and London boroughs and the Common Council of the City of London][F108, in Wales the councils of couties and county boroughs] . . . F109, and in Scotland the councils of [F110regions and islands areas.]

(13)The foregoing provisions of this section shall have effect in substitution for any provisions for the like purposes contained in, or having effect under, any public general or local Act passed before the passing of this Act:

Provided that nothing in this subsection shall be construed as affecting any enactment providing for the removal to, or detention in, hospital of persons suffering from notifiable or infectious diseases.

(14)Any notice under this section may be served by post.

Extent Information

E4This version of the provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F103Words “National Health Service Act 1977” substituted (E.W.) for words commencing “National Health Service Act 1946” by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 7

Modifications etc. (not altering text)

C41S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

Marginal Citations

47 Removal to suitable premises of persons in need of care and attention. S

(1)The following provisions of this section shall have effect for the purposes of securing the necessary care and attention for persons who—

(a)are suffering from grave chronic disease or, being aged, infirm or physically incapacitated, are living in insanitary conditions, and

(b)are unable to devote to themselves, and are not receiving from other persons, proper care and attention.

(2)If the [F207designated medical officer] certifies in writing to the appropriate authority that he is satisfied after thorough inquiry and consideration that in the interests of any such person as aforesaid residing in the area of the authority, or for preventing injury to the health of, or serious nuisance to, other persons, it is necessary to remove any such person as aforesaid from the premises in which he is residing, the appropriate authority may apply to a court of summary jurisdiction having jurisdiction in the place where the premises are situated for an order the next following subsection.

(3)On any such application the court may, if satisfied on oral evidence of the allegations in the certificate, and that it is expedient so to do, order the removal of the person to whom the application relates, by such officer of the appropriate authority as may be specified in the order, to a suitable hospital or other place in, or within convenient distance of, the area of the appropriate authority, and his detention 5and maintenance therein:

Provided that the court shall not order the removal of a person to any premises, unless either the person managing the premises has been heard in the proceedings or seven clear days’ notice has been given to him of the intended application and of the time and place at which it is proposed to be made.

(4)An order under the last foregoing subsection may be made so as to authorise a person’s detention for any period not exceeding three months, and the court may from time to time by order extend that period for such further period, not exceeding three months, as the court may determine.

(5)An order under subsection (3) of this section may be varied by an order of the court so as to substitute for the place referred to in that subsection such other suitable place in, or within convenient distance of, the area of the appropriate authority as the court may determine, so however that the proviso to the said subsection (3) shall with the necessary modification apply to any proceedings under this subsection.

(6)At any time after the expiration of six clear weeks from the making of an order under subsection (3) or (4) of this section an application may be made to the court by or on behalf of the person in respect of whom the order was made, and on any such application the court may, if in the circumstances it appears expedient so to do, revoke the order.

(7)No application under this section shall be entertained by the court unless, seven clear days before the making of the application, notice has been given of the intended application and of the time and place at which it is proposed to be made—

(a)where the application is for an order under subsection (3) or (4) of this section, to the person in respect of whom the application is made or to some person in charge of him;

(b)where the application is for the revocation of such an order, to the [F207designated medical officer]

(8)Where in pursuance of an order under this section a person is maintained neither in hospital accommodation provided by the Minister of Health under the M30National Health Service Act 1946, or by the Secretary of State under the National Health Service (Scotland) [F208Act 1978], nor in premises where accommodation is provided by, or by arrangement with, a local authority under Part III of this Act, the cost of his maintenance shall be borne by the appropriate authority.

(9)Any expenditure incurred under the last foregoing subsection shall be recoverable from the person maintained or from any person who for the purposes of this Act is liable to maintain that person; and any expenditure incurred by virtue of this section in connection with the maintenance of a person in premises where accommodation is provided under Part III of this Act shall be recoverable in like manner as expenditure incurred in providing accommodation under the said Part III.

(10) The provisions of section twenty-seven of the M31National Health Service Act, 1946, and of [F209section 45 of the National Health Service (Scotland) Act 1978] (which respectively require local health authorities and the Secretary of State to secure that ambulances and other means of transport are available for the conveyance of certain persons) shall apply to the conveyance of persons in respect of whom an order is made under this section as they apply to the conveyance of the persons specified in the said sections twenty-seven and [F21045].

(11)Any person who wilfully disobeys, or obstructs the execution of, an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F211level 1 on the standard scale].

(12)For the purposes of this section, the appropriate authorities shall be the councils of [F212districts and London boroughs and the Common Council of the City of London][F213, in Wales the councils of counties and county boroughs] . . . F214, and in Scotland [F215councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(13)The foregoing provisions of this section shall have effect in substitution for any provisions for the like purposes contained in, or having effect under, any public general or local Act passed before the passing of this Act:

Provided that nothing in this subsection shall be construed as affecting any enactment providing for the removal to, or detention in, hospital of persons suffering from notifiable or infectious diseases.

(14)Any notice under this section may be served by post.

Extent Information

E9This version of the provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F207Words “designated medical officer” substituted for words “medical officer of health” (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 83

F208Words “Act 1978” substituted (S.) for words “Acts 1947 to 1972” by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(a)

F215Words in s. 47(12) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(3); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C64S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

Marginal Citations

48 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. E+W

(1)Where a person—

(a)is admitted as a patient to any hospital, or

(b)is admitted to accommodation provided under Part III of this Act, or

(c)is removed to any other place under an order made under subsection (3) of the last foregoing section,

and it appears to the council that there is danger of loss of, or damage to, any movable property of his by reason of his temporary or permanent inability to protect or deal with the property, and that no other suitable arrangements have been or are being made for the purposes of this subsection, it shall be the duty of the council to take reasonable steps to prevent or mitigate the loss or damage.

(2)For the purpose of discharging the said duty, the council shall have power at all reasonable times to enter any premises which immediately before the person was admitted or removed as aforesaid were his place of residence or usual place of residence, and to deal with any movable property of his in any way which is reasonably necessary to prevent or mitigate loss thereof or damage thereto.

(3)A council may recover from a person admitted or removed as aforesaid, or from any person who for the purposes of this Act is liable to maintain him, any reasonable expenses incurred by the council in relation to him under the foregoing provisions of this section.

(4)In this section the expression “council” means in relation to any property or [F111the council which is the local authority for the purposes of the M7Local Authority Social Services Act 1970 and] in the area of which the property is for the time being situated.

Extent Information

E5This version of the provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F111Words “the council” to “1970 and” substituted for words “the council” to “islands area” (E.W.) by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(10)

Modifications etc. (not altering text)

Marginal Citations

48 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. S

(1)Where a person—

(a)is admitted as a patient to any hospital, or

(b)is admitted to accommodation provided under Part III of this Act, or

(c)is removed to any other place under an order made under subsection (3) of the last foregoing section,

and it appears to the council that there is danger of loss of, or damage to, any movable property of his by reason of his temporary or permanent inability to protect or deal with the property, and that no other suitable arrangements have been or are being made for the purposes of this subsection, it shall be the duty of the council to take reasonable steps to prevent or mitigate the loss or damage.

(2)For the purpose of discharging the said duty, the council shall have power at all reasonable times to enter any premises which immediately before the person was admitted or removed as aforesaid were his place of residence or usual place of residence, and to deal with any movable property of his in any way which is reasonably necessary to prevent or mitigate loss thereof or damage thereto.

(3)A council may recover from a person admitted or removed as aforesaid, or from any person who for the purposes of this Act is liable to maintain him, any reasonable expenses incurred by the council in relation to him under the foregoing provisions of this section.

(4)In this section the expression “council” means in relation to any property the council [F216constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area] the property is for the time being situated.

Extent Information

E10This version of the provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F216Words in s. 48(4) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(4); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

49 Expenses of council officers acting as Receivers. E+W+S

Where an officer of [F112the council of a county or county borough][F112any such council as is referred to in section 48(4) of this Act] with the permission of the council applies for appointment under [F113Part VIII of the M8Mental Health Act, 1959, as receiver for a patient or as a person otherwise having functions in relation to the property and affairs of a patient], [F114or applies for an intervention order or for appointment as a guardian under the Adults with Incapacity (Scotland) Act 2000 (asp 4)]the council may defray any expenses incurred by him in connection with the application or the exercise of [F113such functions], [F114or his functions under the intervention order or as guardian]in so far as those expenses are not recoverable by him from any other source.

Textual Amendments

F112Words “any” to “Act” substituted for words “the council” to “borough” (E.W.) by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(11)

F114Words in s. 49 inserted (S.) (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 8(a)(b); S.S.I. 2001/81, art. 3, Sch. 2

Modifications etc. (not altering text)

Marginal Citations

[F11550 Burial or cremation of the dead.S

(1)It shall be the duty of every authority to which this subsection applies to cause to be buried or cremated the body of any person who has died or been found dead in their area, in any case where it appears to the authority that no suitable arrangements for the disposal of the body have been or are being made otherwise than by the authority.

(2)The authorities to which the last foregoing subsection applies are the councils of [F116districts and London boroughs and the Common Council of the City of London] . . . F117, and in Scotland [F118councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F119(3)[F120Any such council as is referred to in section 48(4) of this Act] may cause to be buried or cremated the body of any deceased person who immediately before his death was being provided with accommodation under Part III of this Act by, or by arrangement with, the council or was living in a hostel provided by the council under section twenty-nine of this Act.]

(4)An authority may recover from the estate of the deceased person or from any person who for the purposes of this Act was liable to maintain the deceased person immediately before his death expenses incurred under subsection (1) . . . F121[F122of this section, . . . F121].

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

(6)Nothing in the foregoing provisions of this section shall affect any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person; and an authority shall not cause a body to be cremated under this section where they have reason to believe that cremation would be contrary to the wishes of the deceased.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124]

Textual Amendments

F118Words in s. 50(2) substituted (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 13 para. 31(5); S.I. 1996/323, art. 4(1)(b)(c)

F124S. 50(7) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

Modifications etc. (not altering text)

C44S. 50(2) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

51 Failure to maintain.E+W+S

(1)Where a person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain for the purposes of this Act, and in consequence of his refusal or neglect . . . F125 accommodation under Part III thereof is provided for, himself or any other person, he shall be guilty of an offence.

(2)For the purposes of this section, a person shall not be deemed to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.

(3)A person guilty of an offence under this section shall be liable on summary conviction—

(a)where . . . F125 the accommodation provided for him, to imprisonment for a term not exceeding three months;

(b)in any other case, to a fine not exceeding [F126level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

Textual Amendments

52 False statements. E+W+S

(1)If any person—

(a)for the purpose of obtaining, either for himself or for another person, any benefit under . . . F127 Part III of this Act; or

(b)for the purpose of avoiding or reducing any liability under this Act,

makes any statement or representation which he knows to be false, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F128level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(2)Notwithstanding anything in any enactment, proceedings for an offence under this section may be begun at any time within three months from the date on which evidence sufficient in the opinion of . . . F127 the local authority concerned to justify a prosecution for the offence comes to the knowledge of the . . . F127 local authority, or within twelve months from the commission of the offence, whichever period is the longer.

(3)For the purposes of the last foregoing subsection, a certificate F127 of the local authority as to the date on which such evidence as aforesaid came to the knowledge of . . . F127 the local authority, as the case may be, shall be conclusive proof thereof.

(4)In the application of this section to Scotland, for the references to evidence sufficient to justify a prosecution there shall be substituted references to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution.

Textual Amendments

Modifications etc. (not altering text)

SupplementaryU.K.

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129E+W+S

Textual Amendments

[F13054 Inquiries. E+W+S

The Minister of Health, or as respects Scotland the Secretary of State, may cause such inquiries to be held as he may deem necessary or desirable for the purposes of this Act.]

Textual Amendments

Modifications etc. (not altering text)

55 Provisions as to entry and inspection.E+W+S

(1)A person who proposes to exercise any power of entry or inspection conferred by this Act shall if so required produce some duly authenticated document showing his authority to exercise the power.

(2)Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F131level 4 on the standard scale].

Textual Amendments

F131Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (S.) (1.4.1996) that s. 55(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £10 for a first offence and £20 for a second or subsequent offence

Modifications etc. (not altering text)

C47S. 55(2) has effect, (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(1), Sch. 6 and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), 289C(1), Sch. 7C as if the maximum fine imposable upon a summary conviction were £500 (instead of the old maximum fine of £10 for a first offence and £20 for a second or subsequent offence) and for “£500” as so substituted there is substituted (E.W.S.) “level 4 on the standard scale” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

56 Legal proceedings. E+W+S

(1)Without prejudice to any other method of recovery, any sum due under this Act . . . F132 to a local authority [F133(other than a sum due under an order made under section 43 of this Act)] shall be recoverable summarily as a civil debt.

(2)Notwithstanding anything in any Act, proceedings for the recovery of any sum in the manner provided by the last foregoing subsection may be brought at any time within three years after the sum became due.

[F134(3)Offences under this Act, other than offences under section 47(11) of this Act, may be prosecuted by any council which is a local authority for the purposes of the M9Local Authority Social Services Act 1970 and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

(5)This section shall apply to Scotland with the omission in subsection (1) thereof of the word “summarily”, with the substitution for subsection (2) thereof of the following subsection—

“(2)Proceedings for the recovery of any such sum as aforesaid shall not be competent after the expiry of three years after the date when the sum became due.”

and with the omission of subsection (3) thereof.

Textual Amendments

Modifications etc. (not altering text)

C49S. 56 applied (19.12.2001 for W. and 20.12.2001 for E. and 1.4.2002 for S.) by 2001 c. 15, s. 50(7) (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(2)(a); S.I. 2001/3807, art. 3; S.S.I. 2002/75, art. 2

Marginal Citations

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136E+W+S

Textual Amendments

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137E+W+S

Textual Amendments

[F13859 Accounts of councils of county boroughs.E+W+S

(1)The council of every county borough shall keep accounts of the sums received and expended by them in the exercise of their functions under this Act, and those accounts shall be made up and audited in like manner as the accounts of a county council and shall be kept separately from their other accounts.

(2)The enactments relating to the audit of accounts by a district auditor and to the matters incidental to such audit and consequential thereon shall have effect in relation to the accounts which the council of a county borough are required to keep under this section as they have effect in relation to the accounts of a county council.]

Textual Amendments

60 Compensation of displaced officers.E+W+S

(1)The Minister of Health, or as respects Scotland the Secretary of State, may by regulations provide for the payment by councils of counties, county boroughs and large burghs, subject to any prescribed exceptions or conditions, of compensation—

(a)to persons of such description as may be prescribed who immediately before such date as may be prescribed in relation to the description of persons in question were employed or engaged in such full-time work as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the passing of the M10National Insurance Acts, 1946, the M11National Health Service Act, 1946, the M12National Health Service (Scotland) Act, 1947, or this Act; and

(b)to persons of such descriptions as may be prescribed who, having before such date as aforesaid been employed or engaged in such full-time work as may be prescribed and being persons who would have been so employed or engaged immediately before that date but for any national service (as defined in the regulations) in which they have been engaged, lose the prospect of their re-employment or re-engagement in any such work in consequence of the passing of any of the said Acts,

in so far as provision is not made in that behalf by or under any other enactment.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

(3)Regulations under either of the two last foregoing subsections may provide for the determination of questions arising under the regulations.

Textual Amendments

Marginal Citations

61 Expenses and receipts.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

(2)All receipts under this Act of the Minister of Health, the Secretary of State . . . F141 shall be paid into the Exchequer.

Textual Amendments

62 Transitional provisions, consequential adaptation of enactments.E+W+S

(1)The transitional provisions set out in the Sixth Schedule to this Act shall have effect for the purposes of this Act.

(2)Any enactment passed before the passing of this Act which refers to or is dependent on any provision of the existing poor law or the M13Unemployment Assistance Act, 1934, shall have effect subject to such adaptation as may be provided by regulations of the Minister of Health, or as respects Scotland the Secretary of State, made not later than the expiration of five years from the coming into operation of this section, being adaptations appearing to him consequential on the cesser of the existing poor law or of the provisions of the said Act of 1934 and the replacement thereof by provisions of this Act or of any other Act of the present Session.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

(4)Regulations made under subsection (2) of this section shall be of no effect unless approved by resolution of each House of Parliament.

Textual Amendments

Marginal Citations

63 Regulations, rules and orders.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

(2)Any power conferred by this Act on a Minister of the Crown or the Treasury to make . . . F144 regulations or rules, and the powers conferred by the following provisions of this Act on the Minister of Health and the Secretary of State to make orders, shall be exercisable by statutory instrument.

(3)Any statutory instrument for exercising a power to make . . . F144 regulations or rules under this Act, . . . F144, shall be subject to annulment in pursuance of resolution of either House of Parliament.

(4)Any power conferred by this Act to make an order shall, save where the context otherwise requires, be construed as including a power, exercisable in the like manner and subject to the like conditions, to vary or revoke the order.

Textual Amendments

64 Interpretation.E+W+S

(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • “blind person” means a person so blind as to be unable to perform any work for which eyesight is essential;

  • “child” means a person under the age of sixteen;

  • “dependant” has the meaning assigned to it by section seven of this Act;

  • “disability” includes mental as well as physical disability;

  • “disabled persons’ or old persons’ home” has the meaning assigned to it by section thirty-seven of this Act;

  • “existing poor law” means the enactments specified in Part I of the Seventh Schedule to this Act or, as respects Scotland, such of those enactments as apply to Scotland together with the enactments specified in Part II of that Schedule;

  • “functions” includes powers and duties;

  • “hospital” has the meaning assigned to it by section seventy-nine of the M14National Health Service Act, 1946, or as respects Scotland by section [F145108] of the National Health Service (Scotland) Act, [F1461978];

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

  • “local authority”, save as provided in Part III of this Act, means the council of a county, [F148county borough], county district [F149or London Borough or the Common Council of the City of London] . . . F150[F151but in relation to Wales means the council of a county or county borough];

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152

  • “prescribed” means prescribed by regulations under this Act;

  • “requirements” does not include any medical, surgical, optical, aural or dental requirements;

  • [F153“trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits Act 1992]

  • “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(2)References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any enactment, including this Act.

(3)For the purposes of this Act, a person shall be deemed, according to the law in England and Wales as well as according to the law in Scotland, not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth.

Subordinate Legislation Made

P1S. 64(1): s. 22(4)(with ss. 22(3) and 64(1)) power exercised by S.I.1991/686.

For previous exercises of this power see Index to Government Orders.

Textual Amendments

F147Definition of “large burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F148Words repealed (E.W.)retrospectively by Local Government Act 1972 (c. 70, SIF 81:1), s. 159(7) (as added retrospectively by Health Services Act 1980 (c.53, SIF 113:2), s. 23

F149Words inserted (E.W.)retrospectively by Local Government Act 1972 (c. 70, SIF 81:1), s. 159(7) (as added retrospectively by Health Services Act 1980 (c.53, SIF 113:2), s. 23

F152Definition of “place of employment” repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F153Definition of “trade dispute” in s. 64(1) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 1

Marginal Citations

65 General provisions as to application to Scotland.E+W+S

Subject to any express provision contained in this Act, the following provisions shall have effect for the general application thereof to Scotland:—

(a)(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

(c)for any reference to a court of summary jurisdiction there shall be substituted a reference to the sheriff;

(d)for any reference to a complaint there shall be substituted a reference to an application, and the expression “defendant” means respondent in any such application;

(e)the expression “local authority” means . . . F155 a [F156council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .

[F157(f)any reference however expressed to accommodation provided under Part III thereof shall be construed as a reference to accommodation provided under F158. . . the M15Social Work (Scotland) Act 1968 [F159or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,].]

Textual Amendments

F156Words in s. 65(e) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(6); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

Marginal Citations

66 Application to Isles of Scilly. E+W+S

This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Minister of Health may by order direct.

Modifications etc. (not altering text)

67 Provisions as to Northern Ireland.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160

(2)Save as expressly provided therein, the provisions of this Act . . . F161 shall not extend to Northern Ireland.

Textual Amendments

68 Short title and commencement.E+W+S

(1)This Act may be cited as the National Assistance Act, 1948.

(2)This Act shall come into operation on such day as the Minister of Health, or as respects Scotland the Secretary of State, may by order appoint, and different days may be appointed in relation to different provisions of this Act.

Subordinate Legislation Made

P2Power of appointment conferred by s. 68(2): fully exercised by S.I. 1948/1207, S.I. 1948/1218, S.I. 1949/1621, S.I. 1949/1667

SCHEDULES

F162FIRST AND SECOND SCHEDULESE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 33.

THIRD SCHEDULEE+W+S Administrative Provisions as to Local Authorities

Part IE+W+S

F1631—8.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F164Part II]E+W+S

Textual Amendments

Joint BoardsE+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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165

10A joint board constituted for the purposes of Part III of this Act shall be a body corporate with a common seal . . . F166.

11An order constituting such a joint board—

(a)may, without prejudice to the provisions of section two hundred and ninety-three of the M16Local Government Act, 1933, . . . F167 (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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F168

[F169Part III]E+W+S

Textual Amendments

Application to ScotlandE+W+S

12The 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 M17Local Government Act, 1933, there shall be substituted a reference to section three hundred and sixty-three of the M18Local Government (Scotland) Act, 1947 . . . F170

(b)—(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F171

13A 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 M19Local Government (Scotland) Act, 1947, be effected under that section.

F172FOURTH SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173F173FIFTH SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SIXTH SCHEDULEE+W+S Transitional Provisions

Modifications etc. (not altering text)

1E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174

Textual Amendments

F174Sch. 6 para. 1 repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

2, 3.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175

Textual Amendments

4, 5.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F176

Textual Amendments

6(1)Any land which immediately before the appointed day was held by the council of a county or county borough for the purposes of any enactment repealed by this Act, or which on the appointed day vests in or thereafter is transferred to the council of a county or county borough by virtue of this Schedule, shall save as otherwise provided in this Schedule be deemed to have been appropriated for such of the purposes of this Act as the council may determine.E+W+S

(2)Any right of a council of a county or county borough subsisting immediately before the appointed day to use land for the purposes of any enactment repealed by this Act shall on and after the appointed day continue to subsist as a right to use the land for such of the purposes of this Act as the council may determine, subject however to the cesser of the right in any event (other than the repeal of the said enactment) in which it would have ceased apart from this sub-paragraph.

[F177(3)Nothing in this paragraph shall affect the provisions of the M20National Health Service Act, 1946, or the M21National Health Service (Scotland) Act, 1947, as to the transfer and vesting of hospitals.]

(4)In this paragraph the expression “land” includes any interest in land and any easement, servitude or right in, to or over land.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

F1787E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F178Sch. 6 para. 7 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III , para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16)

F1798E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179Sch. 6 para. 8 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III, para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16

F1809E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F180Sch. 6 para. 9 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III, para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16

10(1)Where immediately before the appointed day a person was receiving relief in a workhouse within the meaning of the M22Poor Law Act, 1930, then, if he is in need of accommodation under Part III of this Act, the authority liable to provide the accommodation shall, so long as the need continues, be the authority by which the relief was given.E+W+S

(2)If immediately before the appointed day the cost of the relief referred to in the last foregoing sub-paragraph was recoverable from another authority, the authority giving relief shall have the like right to recover from the other authority the cost of any accommodation provided by virtue only of the last foregoing sub-paragraph.

(3)In respect of accommodation provided as aforesaid an authority shall be entitled to recover cost from another authority in accordance with the last foregoing sub-paragraph and not otherwise, but nothing in this paragraph shall affect any right of recovery from any other person.

(4)References in the foregoing provisions of this paragraph to the authority giving relief shall be construed, where the authority to whom application for relief was made and the authority managing the workhouse were not the same, as references to the authority to whom the application was made.

Marginal Citations

11E+W+SWhere immediately before the appointed day a person was being maintained, in pursuance of an arrangement made by an authority in the exercise of functions under the M23Poor Law Act, 1930, in premises not managed by a local authority, that arrangement shall for the purposes of section twenty-six of this Act be deemed, so far as it relates to the said person and until he ceases to be maintained in the premises, to be an arrangement under subsection (1) thereof, notwithstanding that the premises are not managed by a voluntary organisation.

Marginal Citations

12, 13.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F181

Textual Amendments

14E+W+SWhere immediately before the appointed day the fact that a person was living in any place was to be disregarded in determining, for the purposes of any enactment repealed by this Act, his residence or ordinary residence, that fact shall be disregarded in determining his ordinary residence for the purposes of this Act.

15E+W+SWhere any right of a local authority to recover any sum from another local authority depends upon the determination under the M24Poor Law Act, 1930, of any question as to settlement, removal or chargeability of any person pending at the appointed day, section one hundred and five of the said Act of 1930 (which provides for the recovery of the cost of relief by one council from another) shall continue to apply, but as if for proviso (b) to subsection (1) thereof (which excludes the provisions of that section where a removal order is refused on grounds of irremovability) there were substituted—

“(b)this section shall not apply where the person whose settlement is in question has acquired a status of irremovability in the area of the local authority seeking to recover the cost of his relief.”

Marginal Citations

16E+W+SWhere on the appointed day a local authority in Scotland hold as trustees any property wholly or mainly for the use or benefit of the poor (within the meaning of section fifty-two of the M25Poor Law (Scotland) Act, 1845) of the whole or any part of their area, they shall hold and apply the property or the income thereof to such charitable purposes for the use and benefit of the persons for whom it is the duty of the local authority to make provision or arrangements under Part III of this Act as the authority may think fit.

Marginal Citations

17E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F182

Textual Amendments

18E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183

Textual Amendments

F183Sch. 6 para. 18 repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

19(1)Notwithstanding anything in subsection (2) of section thirty-eight of the M26Interpretation Act, 1889 (which contains savings for vested rights and liabilities on the repeal of enactments), a person shall not by virtue of any enactment repealed by this Act be under any liability (whether under an order of the court or otherwise) as respects any period after the appointed day to maintain any person whom he is not liable to maintain for the purposes of this Act.E+W+S

(2)Except as otherwise provided by the last foregoing sub-paragraph, any order of court or agreement made before the appointed day by virtue of which payments are required to be made to a local authority in respect of the relief or maintenance of any person while he remains chargeable to that authority under the existing poor law shall have effect, so long as accommodation is provided for him under Part III of this Act by that authority . . . F184, as if he were so chargeable.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

Textual Amendments

F185Sch. 6 paras. 12, 13, 17 and 19(3) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

Marginal Citations

20(1)For the purposes of any provision of this Schedule the expression “the appointed day” means such day appointed by the order under subsection (2) of section sixty-eight of this Act as may be specified in the order in relation to the provision in question.E+W+S

(2)References in this Schedule to a workhouse within the meaning of the M27Poor Law Act, 1930, include, in relation to London, references to an asylum provided under section one hundred and twenty-three of that Act.

Marginal Citations

21E+W+SThe following provisions shall have effect for the purpose of the application of this Schedule to Scotland:—

(a)for references to the Minister of Health there shall be substituted references to the Secretary of State;

(b)for references to a county borough there shall be substituted references to a large burgh;

(c)for references to the M28Poor Law Act, 1930, there shall be substituted references to the enactments relating to the relief of the poor in Scotland, and the expression “workhouse” means poorhouse;

(d)any reference to the local authority by which a poorhouse was provided shall include a reference to a combination of local authorities;

(e)paragraphs 12, 13 and 15 shall not apply.

Marginal Citations

F186F186SEVENTH SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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