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Health and Social Care Act 2008
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50Failings by English local authoritiesE+W
This section has no associated Explanatory Notes
(1)This section applies where the Commission conducts a review under section 46 [F1, 46A] [F2or 46B] F3..., or a review or investigation under section 48, in respect of an English local authority.
(2)If the Commission considers that the local authority is failing to discharge any of its adult social services functions to an acceptable standard, then F4... the Commission must—
(a)inform the Secretary of State of that fact, and
(b)recommend any special measures which it considers the Secretary of State should take.
[F5(3A)Nothing in subsection (2) prevents a report published under section 46(1)(c), 46A(1)(c), 46B(1)(c) or 48(4) from specifying respects in which the Commission considers a local authority to be failing and making recommendations to the local authority for addressing the failure.]
(5)If the Commission recommends that the Secretary of State should take special measures in relation to the local authority, the Commission must, if the Secretary of State so requests—
(a)conduct a further review under section 48 in relation to the authority, and
(b)include in its report under subsection (4) of that section a report on such matters as the Secretary of State may specify.
Textual Amendments
F1Word in s. 50(1) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 163(5), 186(6); S.I. 2023/371, reg. 2(e)
F2Words in s. 50(1) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 31(4), 186(6); S.I. 2023/371, reg. 2(b)
F3Words in s. 50(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(a), 127(1); S.I. 2014/1714, art. 4
F4Words in s. 50(2) omitted (1.4.2023) by virtue of Health and Care Act 2022 (c. 31), ss. 165(3)(a), 186(6); S.I. 2023/371, reg. 2(g)
F5S. 50(3A) substituted for s. 50(3)(4) (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 165(3)(b), 186(6); S.I. 2023/371, reg. 2(g)
Commencement Information
I1S. 50 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 18
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