National Assistance Act 1948

Supplementary U.K.

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 S. 53 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 11

[F2 54 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

F2 S. 54 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19), s. 66(1)(2), Sch. 9 para. 5(8), Sch. 10; S.I. 1990/2218, art. 2 Sch.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.

Modifications etc. (not altering text)

C1 S. 54 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

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 [F3 level 4 on the standard scale].

Textual Amendments

F3 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)

C2 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

56 Legal proceedings. E+W+S

(1) Without prejudice to any other method of recovery, any sum due under this Act . . . F4 to a local authority [F5 (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.

[F6 (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 M1 Local 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(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

F4 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F5 Words inserted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 8

F6 S. 56(3) substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(13)

F7 S. 56(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C3 S. 56 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

C4 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

C5 S. 56(1) restricted by Ministry of Social Security Act 1966 (c. 20), s. 25(1)

Marginal Citations

M1 1970 c. 42.

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 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

[F10 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

F10 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)

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 M2 National Insurance Acts, 1946, the M3 National Health Service Act, 1946, the M4 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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

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

Textual Amendments

F11 S. 60(2) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

Marginal Citations

M2 1946 c. 67.

M3 1946 c. 81.

M4 1947 c. 27.

61 Expenses and receipts. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(2) All receipts under this Act of the Minister of Health, the Secretary of State . . . F13 shall be paid into the Exchequer.

Textual Amendments

F12 S. 61(1) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F13 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

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 M5 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.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(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

F14 S. 62(3) repealed by Statute Law Revision Act 1950 (c. 6)

Marginal Citations

M5 1934 c. 29.

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(2) Any power conferred by this Act on a Minister of the Crown or the Treasury to make . . . F16 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 . . . F16 regulations or rules under this Act, . . . F16 , 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

F15 S. 63(1) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F16 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

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 M6 National Health Service Act, 1946, or as respects Scotland by section [F17 108] of the National Health Service (Scotland) Act, [F18 1978];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

• “local authority”, save as provided in Part III of this Act, means the council of a county, [F20 county borough], county district [F21 or London Borough or the Common Council of the City of London] . . . F22 [F23 but in relation to Wales means the council of a county or county borough];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

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

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

• [F25 “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

F17 “108” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F18 “1978” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F19 Definition of “large burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F20 Words 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

F21 Words 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

F22 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F23 Words in s. 64(1) added (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 2(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F24 Definition of “place of employment” repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F25 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

M6 1946 c. 67.

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(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 . . . F27 a [F28 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .

[F29 (f) any reference however expressed to accommodation provided under Part III thereof shall be construed as a reference to accommodation provided under F30 . . . the M7 Social Work (Scotland) Act 1968 [F31 or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,].]

Textual Amendments

F26 S. 65(a)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F27 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F28 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)

F29 S. 65(f) added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 16

F30 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.

F31 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)

Modifications etc. (not altering text)

C6 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

M7 1968 c. 49.

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)

C7 S. 66 amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)(3) and Health Services and Public Health Act 1968 (c. 46), s. 46

67 Provisions as to Northern Ireland. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(2) Save as expressly provided therein, the provisions of this Act . . . F33 shall not extend to Northern Ireland.

Textual Amendments

F32 S. 67(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F33 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