National Assistance Act 1948

Part I E+W+S Introductory

X1 1 Supersession of existing poor law. E+W+S

The existing poor law shall cease to have effect, [F1 and shall be replaced by the provisions F2 ... 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].

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]

Textual Amendments

F1 Words in s. 1 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 7

F2 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Part II E+W+S

2—20. F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F3 Ss. 2–20 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

X2 Part III E+W+S Local Authority Services

Editorial Information

X2 [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)

C1 Pt. 3 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Provision of Accommodation E+W+S

F4 F5 21 Duty of local authorities to provide accommodation. E+W

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Textual Amendments

F4 S. 21 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I.

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F5 22 Charges to be made for accommodation. E+W

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Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

22 Charges to be made for accommodation. S

F93 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to the following provisions of this section, the payment [F94 which 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 [F94 and 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 F95 ... , and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F95 ...

(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.

[F96 (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 [F97 regulations made by the Secretary of State for the purposes of this subsection] [F98 except 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.]

[F99 (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 [F100 such 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.]

F101 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102 (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.

F103 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E4 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F93 S. 22(1) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F94 Words in s. 22(2) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(3); S.I. 1992/2975, art. 2(2), Sch.

F95 Words in s. 22(3) omitted (1.4.1993) by National Health and Community Care Act 1990 (c. 19), s. 44(4); S.I. 1992/2975, art. 2(2), Sch.

F96 S. 22(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(5); S.I. 1992/2975, art. 2(2), Sch.

F97 Words 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)

F98 Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)

F99 S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)

F100 Words in s. 22(5A) substituted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(6); S.I. 1992/2975, art. 2(2), Sch.

F101 S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F102 S. 22(7) repealed (6.4.1992) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(2), Sch. 10; S.I. 1992/567, art. 2

F103 S. 22(9) repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21, Sch. 5 Pt. II

Modifications etc. (not altering text)

C12 Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C13 S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)

C14 S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

F6 F5 23 Management of premises in which accommodation provided. E+W

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Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F6 S. 23 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I;

F7 F5 24 Authority liable for provision of accommodation. E+W

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Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F7 S. 24 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I;

25 F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F8 S. 25 repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F5 26 Provision of accommodation in premises maintained by voluntary organisations. E+W

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Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

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

F104 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any such 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 [F105 and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangements the amount of the refund which he is liable to make in accordance with the following provisions of this section].

(3) [F106 Subject 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).

[F107 (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) [F108 Subsection (5A)] of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as [F109 it applies] for the purposes of the said section twenty-two.

[F110 (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.]

F104 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M9 Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946.

Extent Information

E5 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F104 S. 26(1)(5) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F105 Words in s. 26(2) added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(3); S.I. 1992/2975, art. 2(2), Sch.

F106 Words in s. 26(3) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F107 S. 26(3A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F108 Words in s. 26(4) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(a)(i); S.S.I. 2007/334, art. 2(b), sch. 2

F109 Words in s. 26(4) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(a)(ii); S.S.I. 2007/334, art. 2(b), sch. 2

F110 S. 26(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(5)(b); S.I. 1992/2975, art. 2(2), Sch.

F111 S. 26(6) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4

Modifications etc. (not altering text)

C15 Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C16 S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Marginal Citations

M9 1936 c. 51.

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

F9 F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F9 S. 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 F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F10 S. 27 repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21(4), Sch. 5 Pt. II

28 F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F11 S. 28 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. II; Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), Sch. 6 Pt. III

Welfare Services E+W+S

F12 F5 29 Welfare arrangements for blind, deaf, dumb and crippled persons, etc. E+W

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Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F12 S. 29 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt.

F13 F5 30 Voluntary organisations for disabled persons’ welfare. E+W

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Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F13 S. 30 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

[F14 [F5 30A 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

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F14 S.30A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29, Sch. 9 Pt. I para. 3

31 F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F15 S. 31 repealed (E.W.) by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2 and (S.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. 11

Financial adjustments between Local Authorities E+W

F16 F5 32 Adjustments between authority providing accommodation, &c., and authority of area of residence. E+W

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Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F16 S. 32 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

Local and Central Authorities E+W+S

[F5 33 Local Authorities for purposes of Part III. E+W+S

(1) In this Part of this Act the expression “local authority” [F17 (except in “local authority in England”)] means [F18 a council which is a local authority for the purposes of the M1 Local Authority Social Services Act 1970] in F19 ... Wales, and [F20 a [F21 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland] [F22 and “local authority in England” means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 in England.]

F23 ...

F24 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F17 Words in s. 33(1) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 5(2) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F18 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(6)

F19 Words in s. 33(1) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 5(3) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F20 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 89

F21 Words 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)

F22 Words in s. 33(1) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 5(4) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F23 Proviso repealed by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2

F24 S. 33(2) repealed (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(7), Sch. 3 and (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

Marginal Citations

M1 1970 c. 42.

34 F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F25 S. 34 repealed by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and Local Government Act 1972 (c. 70), s. 195(3), Sch. 30

F26 F5 35 Central Authority for purposes of Part III. E+W

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Textual Amendments

F5 Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [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]

F26 S. 35 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F27 36 Default powers of Minister. E+W+S

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Textual Amendments

F27 S. 36 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(7), Sch. 10 and repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

X3 Part IV E+W+S General and Supplementary

Editorial Information

X3 [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. paras. 1-10]

Modifications etc. (not altering text)

C2 Pt. 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 persons E+W+S

37—40. F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F28 Ss. 37–40 repealed by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2

41 F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F29 S. 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 Expenses E+W+S

F30 F31 42 Liability to maintain wife or husband and children. E+W+S

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Textual Amendments

F30 S. 42 repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(a), 79(3); S.S.I. 2007/334, art. 2(b), Sch. 2

F31 S. 42 repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F32 F33 43 Recovery of cost of assistance from persons liable for maintenance. E+W+S

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

Textual Amendments

F32 S. 43 repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(a), 79(3); S.S.I. 2007/334, art. 2(b), Sch. 2

F33 S. 43 repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(a), 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(a)(c); S.I. 2009/631, art. 2(a)(c)

F34 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F34 S. 44 repealed (S.) by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), s. 10(2), Sch. 2 and (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 7, Sch. 4

[F35 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) F36 ... a local authority incur any expenditure under F36 ... Part III of this Act, or

(b) any sum recoverable under this Act by F36 ... a local authority is not recovered,

the F36 ... authority shall be entitled to recover the amount thereof from the said person.

F37 (2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F36 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F37 S. 45(2)–(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C3 S. 45 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C4 S. 45 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

Miscellaneous E+W+S

46 F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F38 S. 46 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F39 F35 47 Removal to suitable premises of persons in need of care and attention. E+W+S

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

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F39 S. 47 repealed (S.) (29.10.2008) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2008/314, art. 2

F35 48 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. E+W

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

Extent Information

E3 This version of the provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

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, F112 ...

F112 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and it appears to the council[F113 , in the case of any moveable property of that person that is for the time being situated in Wales, ] that there is danger of loss of, or damage to, [F114 the property] 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 F115 ... 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 [F116 constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area] the property is for the time being situated.

Extent Information

E6 This version of the provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F112 S. 48(1)(c) and preceding word repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), sch. 2

F113 Words in s. 48(1) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 7(a) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F114 Words in s. 48(1) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 7(b) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F115 Words in s. 48(3) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), sch. 2

F116 Words 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)

C17 S. 48 modified (S.) by Mental Health (Scotland) Act 1985 (c. 36, SIF 85), ss. 92(2), 128, 129

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

Where an officer of [F40 the council of a county or county borough] [F40 [F41 a county council in England, a district council for an area in England for which there is no county council, a London borough council or the Common Council of the City of London,]] with the permission of the council [F42 applies for appointment by the Court of Protection as a deputy], [F43 or 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 [F44 his functions as deputy], [F43 or 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

F40 Words “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)

F41 Words in s. 49 substituted (W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(2)

F42 Words in s. 49 substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 6(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F43 Words 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

F44 Words in s. 49 substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 6(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

Modifications etc. (not altering text)

C5 S. 49 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

F46 50 F45 Burial or cremation of the dead. S

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

Textual Amendments

F45 S. 50 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F46 S. 50 repealed (S.) (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

[F35 51 Failure to maintain. E+W+S

(1) Where a person persistently refuses or neglects to maintain himself F47 ... , and in consequence of his refusal or neglect F48 ... accommodation under Part III thereof is provided for [F49 him ], 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 F50 ... 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 [F51 to imprisonment for a term not exceeding 3 months]—

[F52 (a) F53 ... to imprisonment for a term not exceeding three months;

F54 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]]

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F47 Words in s. 51(1) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2; and repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(d), 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(a)(c); S.I. 2009/631, art. 2(a)(c)

F48 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F49 Word in s. 51(1) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(b)(i); S.S.I. 2007/334, art. 2(b), Sch. 2; and substituted (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(3), 170(3)(4) (with Sch. 13); S.I. 2009/462, art. 4(a); S.I. 2009/631, art. 2(a)

F50 Words in s. 51(2) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2; and repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F51 Words in s. 51(3) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(b)(ii); S.S.I. 2007/334, art. 2(b), Sch. 2

F52 S. 51(3)(a)(b) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2

F53 Words in s. 51(3)(a) repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F54 S. 51(3)(b) repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

[F35 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 F55 ... 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 [F56 level 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 F55 ... the local authority concerned to justify a prosecution for the offence comes to the knowledge of the F55 ... 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 F55 ... of the local authority as to the date on which such evidence as aforesaid came to the knowledge of F55 ... 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

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F55 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F56 Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C6 S. 52 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

Supplementary U.K.

F57 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F57 S. 53 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 11

F58 54 Inquiries. E+W+S

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

Textual Amendments

F58 S. 54 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19), s. 66(1)(2), Sch. 9 para. 5(8), Sch. 10; S.I. 1990/2218, art. 2 Sch. (with art. 3); S.I. 1990/2510, art. 2 Sch.

[F35 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 [F59 level 4 on the standard scale].]

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F59 Words 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)

C7 S. 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

[F35 56 Legal proceedings. E+W+S

(1) Without prejudice to any other method of recovery, any sum due under this Act F60 ... to a local authority F61 ... 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.

[F62 (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 M2 Local Authority Social Services Act 1970 [F63 in Wales] and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.]

F64 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F60 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F61 Words in s. 56(1) repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F62 S. 56(3) substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(13)

F63 Words in s. 56(3) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 8 (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F64 S. 56(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C8 S. 56 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

C9 S. 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

C10 S. 56(1) restricted by Ministry of Social Security Act 1966 (c. 20), s. 25(1)

Marginal Citations

M2 1970 c. 42.

57 F65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F65 S. 57 repealed (E.W.S.) by Ministry of Social Security Act 1966 (c. 20), Sch. 8 and (N.I.) by S.I. 1977/610 (N.I. 11), Sch.

58 F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F66 S. 58 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII and by Acquisition of Land Act 1981 (c.67, SIF 28:1), Sch. 6 Pt. II

[F67 59 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

F67 S. 59 repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30; amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

[F35 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 M3 National Insurance Acts, 1946, the M4 National Health Service Act, 1946, the M5 National 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.

F68 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F68 S. 60(2) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

Marginal Citations

M3 1946 c. 67.

M4 1946 c. 81.

M5 1947 c. 27.

[F35 61 Expenses and receipts. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(2) All receipts under this Act of the Minister of Health, the Secretary of State . . . F70 shall be paid into the Exchequer.]

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F69 S. 61(1) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F70 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

[F35 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 M6 Unemployment 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.

F71 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F71 S. 62(3) repealed by Statute Law Revision Act 1950 (c. 6)

Marginal Citations

M6 1934 c. 29.

[F35 63 Regulations, rules and orders. E+W+S

F72 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any power conferred by this Act on a Minister of the Crown or the Treasury to make F73 ... 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 F73 ... regulations or rules under this Act, F73 ... , 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

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F72 S. 63(1) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F73 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

[F35 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 M7 National Health Service Act, 1946, or as respects Scotland by section [F74 108] of the National Health Service (Scotland) Act, [F75 1978];

• F76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local authority”, save as provided in Part III of this Act, [F77 means the council of a county or county borough in Wales];

• F78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• [F79 “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

P1 S. 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

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F74 “108” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F75 “1978” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F76 Definition of “large burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F77 Words in s. 64(1) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 9 (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F78 Definition of “place of employment” repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F79 Definition 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

M7 1946 c. 67.

[F35 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:—

F80 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F82 ... a [F83 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F84 (f) any reference however expressed [F85 in sections 22(2) to (8) and 26(2) to (4) of this Act] to accommodation provided under Part III [F86 of this Act] shall be construed as a reference to accommodation provided under F87 ... the M8 Social Work (Scotland) Act 1968 [F88 or [F89 section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003],].]]

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F80 S. 65(a)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F81 S. 65(c) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 82, Sch. 10; S.I. 2005/910, art. 3(y)

F82 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F83 Words 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)

F84 S. 65(f) added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 16

F85 Words in s. 65(f) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(b)(i), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2

F86 Word in s. 65(f) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(b)(ii), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2

F87 Words in s. 65(f) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(9)(a); S.I. 1992/2975, art. 2(2), Sch.

F88 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), Sch. 9 para. 5(9)(b)

F89 Words in s. 65(f) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, Sch. 1 para. 2(2)

Modifications etc. (not altering text)

C11 Power to modify conferred (S.) (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2); S.S.I. 2002/170, art. 2(1)

Marginal Citations

M8 1968 c. 49.

F90 66. Application to Isles of Scilly. E+W+S

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

Textual Amendments

F90 S. 66 ceases to have effect (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 10 (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

[F35 67 Provisions as to Northern Ireland. U.K.

F91 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Save as expressly provided therein, the provisions of this Act F92 ... shall not extend to Northern Ireland.]

Textual Amendments

F35 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [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. paras. 1-10]

F91 S. 67(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F92 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

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

P2 Power 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