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National Health Service and Community Care Act 1990

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Changes over time for: Section 45

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National Health Service and Community Care Act 1990, Section 45 is up to date with all changes known to be in force on or before 07 December 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. Help about Changes to Legislation

45 Recovery of charges due to local authorities for accommodation.E+W+S

(1)In section 21 of the M1Health and Social Services and Social Security Adjudication Act 1983 (recovery of sums due to local authority where persons in residential accommodation have disposed of assets) after subsection (3) there shall be inserted—

(3A)If the Secretary of State so directs, subsection (1) above shall not apply in such cases as may be specified in the direction.

(2)In sections 22 and 23 of that Act (which make provision as to arrears of contributions charged on interests in land in England and Wales and in Scotland respectively) after subsection (2) there shall be inserted—

(2A)In determining whether to exercise their power under subsection (1) above and in making any determination under subsection (2) above, the local authority shall comply with any directions given to them by the Secretary of State as to the exercise of those functions.

(3)In section 24 of that Act (interest on sums charged on or secured over interests in land) for subsection (2) there shall be substituted—

(2)The rate of interest shall be such reasonable rate as the Secretary of State may direct or, if no such direction is given, as the local authority may determine.

Commencement Information

I1S. 45 wholly in force at 12.4.1993 see s. 67(2) and S.I. 1992/2975, art. 2(3)(a).

Marginal Citations

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