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Health And Social Services And Social Security Adjudications Act 1983, SCHEDULE 9 is up to date with all changes known to be in force on or before 27 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Commencement Orders bringing legislation that affects this Act into force:
Section 29.
Textual Amendments
F1Sch. 9 para. 1 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
1E+W+SSo much of subsections (3) and (4) of section 143 of the Public Health Act 1936 (regulations for prevention and treatment of infectious disease etc.) as relates to the enforcement and execution of regulations under that section by officers and men employed in the coastguard shall cease to have effect.]
2(1)In subsections (3) and (4) of section 1 of the Public Health (Scotland) Act 1945 (regulations for prevention and treatment of infectious diseases etc.) the words “and officers and men employed in the coastguard” shall be omitted wherever they occur.E+W+S
(2)In the proviso to subsection (3) of that section, for the words “officer, or person” there shall be substituted the words “or officer”.
(3)In section (4) of that section after the word “Board” there shall be inserted the word “or”.
3E+W+SThe following section shall be inserted after section 30 of the National Assistance Act 1948—
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.”.
[F24E+W+SIn section 41(2)(a) of the National Assistance Act 1948 (registration of charities for disabled persons) for the words “the Residential Homes Act 1980” there shall be substituted the words “Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]
Textual Amendments
F2Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
Textual Amendments
F3Sch. 2 paras. 50, 60–62, Sch. 4 Pt. II paras. 45–48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4); S.I. 1991/828, art. 3(2)
[F45SIn subsection (3) of section 3 of the Nurseries and Child-Minders Regulation Act 1948 (by virtue of which a local social services authority are required to issue a copy of a certificate under that section which has been lost or destroyed on payment of a fee not exceeding 25p) for the words from “fee” to “authority”, in the third place where it occurs, there shall be substituted the words “reasonable fee as they”.]
Textual Amendments
F4Sch. 2 paras. 50, 60-62, Sch. 4 Pt. II paras. 45-48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I 1991/828, art. 3(2)
Textual Amendments
F5Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
6E+W+SIn section 128(1)(b) of the Mental Health Act 1959 (sexual intercourse with patients) for the words from “home” to the end of the subsection there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]
F67E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 9 Pt. I para. 7 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)
8E+W+SIn section 10 of the Social Work (Scotland) Act 1968 (financial assistance to voluntary organisations), in subsection (5)—
(a)the word “section” shall be substituted for the words “sections 64 and”; and
(b)after the word “1968” there shall be inserted the words “and section 16B of the National Health Service (Scotland) Act 1978”.
Textual Amendments
F7Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
9E+W+SAt the end of Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority), there shall be inserted the following entry—
“Registration of residential care homes.”.]
F810U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 9 Pt. I para. 10 repealed (1.10.1992) by Tribunals And Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I.
F911U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 9 Pt. I para. 11 repealed (1.10.1992) by Tribunals And Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I.
[F1012E+W+SThe following paragraph shall be substituted for paragraph 4 of Schedule 1 to that Act—
4Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.]
Textual Amendments
F10Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
13E+W+SThe following paragraph shall be inserted after paragraph 21 of that Schedule—
21ARegistered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.
14E+W+SThe following paragraph shall be inserted after paragraph 28 of that Schedule—
28ARegistered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.
F1115U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 9 Pt. I para. 15 repealed (1.10.1992) by Tribunals And Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I
Textual Amendments
F12Sch. 2 paras. 34, 37, 46–49, 51–59, Sch. 4 Pt. II paras. 38–43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F1316E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F1417E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 pt. II paras. 38-43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108)(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
18E+W+SIn Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted in the appropriate place in alphabetical order—
“A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971 of persons to act as Chairmen of Social Security Appeal Tribunals and Medical Appeal Tribunals.
The President of Social Security Appeal Tribunals and Medical Appeal Tribunals.
A regional or other fulltime Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals.”.
F1519E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Sch. 9 para. 19 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)
20E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
Textual Amendments
F16Sch. 8 Pts. III, IV, Pt. V para. 18, Pt. VII para. 31(3) and Sch. 9 para. 20 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11
F1721E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 9 para. 21 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)
F1822E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 9 para. 22 repealed (E.W.) (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)
F1923E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Sch. 9 para. 23 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)
24E+W+SIn section 105(7) of the National Health Service (Scotland) Act 1978 (orders, regulations and directions) for the words “or orders” there shall be substituted the words “, orders or directions”.
F2025E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 9 Pt. I para. 25 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191, 195, 202)
Textual Amendments
F21Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
26E+W+SIn subsection (5) of section 2 of the Foster Children Act 1980 (exceptions to meaning of foster child for purposes of Act) for the words from “home” to end of the section there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]
27E+W+SThe following paragraph shall be substituted for paragraph 2 of Schedule 2 to the Reserve Forces Act 1980 (army and air force pensioners and other former soldiers are not liable to be recalled for service)—
“2A person who is receiving treatment for mental disorder as an inpatient in any establishment in the United Kingdom and is under the supervision of a registered medical practitioner.”.
F2228E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 9 Pt. I para. 28 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)
1E+W+SA district council [F23or Welsh county council or county borough council] shall have power to make such arrangements as they may from time to time determine for providing meals and recreation for old people in their homes or elsewhere and may employ as their agent for the purpose of this paragraph any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people.
Textual Amendments
F23Words in Sch. 9 Pt. II para. 1 inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 12(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
2E+W+SA district council [F24or Welsh county council or county borough council] may assist any such organisation as is referred to in paragraph 1 above to provide meals or recreation for old people—
(a)by contributing to the funds of the organisation;
(b)by permitting them to use premises belonging to the council on such terms as may be agreed; and
(c)by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the council in connection with the premises or other things which they permit the organisation to use.
Textual Amendments
F24Words in Sch. 9 Pt. II para. 2 inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 12(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
3(1)District councils [F25or Welsh county councils or county borough councils] shall exercise their functions under this Part of this Schedule (including any discretion conferred on them under it) in accordance with the provisions of any regulations of the Secretary of State made for the purposes of this paragraph; and without prejudice to the generality of this paragraph, regulations under this paragraph—E+W+S
(a)may provide for conferring on officers of the Secretary of State authorised under the regulations such powers of inspection as may be prescribed in relation to the exercise of functions under this Part of this Schedule by or by arrangement with or on behalf of district councils [F25or Welsh county councils or county borough councils]; and
(b)may make provision with respect to the qualifications of officers employed by district councils [F25or Welsh county councils or county borough councils] for the purposes of this Part of this Schedule or by voluntary organisations acting under arrangements with or on behalf of district councils [F25or Welsh county councils or county borough councils] for those purposes.
(2)The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F25Words in Sch. 9 Pt. II para. 3 inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 12(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
4E+W+SIn this Part of this Schedule—
“functions” includes powers and duties; and
“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.
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