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Health and Social Care Act 2008

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Changes over time for: Section 50

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There are currently no known outstanding effects for the Health and Social Care Act 2008, Section 50. Help about Changes to Legislation

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

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

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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