National Assistance Act 1948

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

[F1 (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.

[F2 (1A) But this section does not apply to a person (“P”) in either of the following cases.

(1B) The first case is where an order of the Court of Protection authorises the managing authority of a hospital or care home (within the meaning of Schedule A1 to the Mental Capacity Act 2005) to provide P with proper care and attention.

(1C) The second case is where—

(a) an authorisation under Schedule A1 to the Mental Capacity Act 2005 is in force, or

(b) the managing authority of a hospital or care home are under a duty under paragraph 24 of that Schedule to request a standard authorisation, and

P is, or would be, the relevant person in relation to the authorisation.]

(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 [F3 the court] 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 [F4 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] or by the Secretary of State under the National Health Service (Scotland) [F5 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 F6 ... ; 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.

F7 (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 [F8 level 1 on the standard scale].

(12) For the purposes of this section, the appropriate authorities shall be the councils of [F9 districts and London boroughs and the Common Council of the City of London][F10 , in Wales the councils of counties and county boroughs] F11 ... , and in Scotland [F12 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F13 (12A) In this section, “the court”—

(a) in England and Wales, means a magistrates' court acting in the local justice area where the premises are situated;

(b) in Scotland, means the sheriff having jurisdiction in the place where the premises are situated.]

(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.]

Textual Amendments

F1 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

F2 S. 47(1A)-(1C) inserted (1.4.2009) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 9 para. 12 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(e)

F3 Words in s. 47(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 81(2); S.I. 2005/910, art. 3(y)

F4 Words in s. 47(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 9 (with Sch. 3 Pt. 1)

F5 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)

F6 Words in s. 47(9) repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(b), 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)

F7 S. 47(10) repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F8 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

F9 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)

F10 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

F11 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F12 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)

F13 S. 47(12A) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 81(3); S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C1 S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1

C2 S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)