National Assistance Act 1948

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 [F1 or the M1 National Health Service Reorganisation Act 1973][F2 National Health Service Act 1977] or by the Secretary of State under the National Health Service (Scotland) [F3 Acts 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.

F4 (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 [F5 level 1 on the standard scale].

(12) For the purposes of this section, the appropriate authorities shall be the councils of [F6 districts and London boroughs and the Common Council of the City of London][F7 , in Wales the councils of couties and county boroughs] . . . F8 , and in Scotland the councils of [F9 regions 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

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

Textual Amendments

F1 Words inserted (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 47

F2 Words “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

F3 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 83

F4 S. 47(10) repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F5 Words substituted (E. W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6) and Criminal Justice Act 1982 (c. 48, SIF 139:1), s. 46

F6 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)

F7 Words in s. 47(12) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 2(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F8 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F9 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 91

Modifications etc. (not altering text)

C2 S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1

C3 S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

Marginal Citations

M1 1973 c. 32.

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 [F10 designated 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 [F10 designated 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 M2 National Health Service Act 1946, or by the Secretary of State under the National Health Service (Scotland) [F11 Act 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 M3 National Health Service Act, 1946, and of [F12 section 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 [F13 45].

(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 [F14 level 1 on the standard scale].

(12) For the purposes of this section, the appropriate authorities shall be the councils of [F15 districts and London boroughs and the Common Council of the City of London][F16 , in Wales the councils of counties and county boroughs] . . . F17 , and in Scotland [F18 councils 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

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

Textual Amendments

F10 Words “designated medical officer” substituted for words “medical officer of health” (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 83

F11 Words “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)

F12 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(b)

F13 “45” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(b)

F14 Words substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C, 289G

F15 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)

F16 Words in s. 47(12) inserted (1.4.1996) by 1994 c. 19, ss. 22(4), Sch. 10 para. 2(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F17 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F18 Words 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)

C4 S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1

C5 S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

Marginal Citations

M2 1946 c. 81.

M3 1946 c. 81.