Health Services and Public Health Act 1968

Part II E+W+S Amendments connected with Local Authorities’ Services under the National Assistance Act 1948

44 Extension of power, under the National Assistance Act 1948, of local authority to provide accommodation elsewhere than in premises managed by them or another such authority. E+W+S

[F1 (1) For subsection (1) of section 26 of the M1 National Assistance Act 1948 (provision of accomodation in premises maintained by voluntary organisations), there shall be substituted the following subsections:—

“(1) Notwithstanding anything in the foregoing provisions of this Part of this Act, but subject to the next following subsection, a scheme under section twenty-one thereof may provide that a local authority—

(a) may make, in lieu or in supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (a) of subsection (1) of the said section twenty-one, arrangements—

(i) with a voluntary organisation managing any premises, for the provision in those premises of accommodation of that kind;

(ii) with a person registered under section thirty-seven of this Act in respect of a disabled persons’ or old persons’ home, for the provision in that home of accommodation of that kind; and

(b) may make, in lieu or supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (b) of the said subsection (1), arrangements with a voluntary organisation managing any premises for the provision in those premises of accommodation of that kind.

(1A) No arrangements shall be made by virtue of paragraph (a) of the foregoing subsection by a local authority with a person who has been convicted of an offence against regulations under section forty of this Act.”]

(2) In subsection (2) of the said section 26 (which requires arrangements under subsection (1) of that section provide for the making by the local authority of payments to the voluntary organisation with which they are made) for the words “the organisation” there shall be substituted the words “the other party thereto”.

Textual Amendments

F1 S. 44(1) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

Modifications etc. (not altering text)

C1 The text of ss. 44, 60(3)(5)(6)(8)(10)–(13) is in the form in which it was originally enacted:it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 1948 c. 29

45 Promotion by local authorities, of the welfare of old people. E+W+S

(1) A local authority may with the approval of [F2 the Secretary of State], and to such extent as he may direct shall, make arrangements for promoting the welfare of old people.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(3) A local authority may employ as their agent for the purposes of this section [F4 any voluntary organisation having for its sole or principal object, or among its principal objects, the promotion of the welfare of old people][F4 any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for old people, being an organisation or person appearing to the authority to be capable of promoting the welfare of old people].

(4) No arrangements under this section shall provide—

(a) for the payment of money to old people except in so far as the arrangements may provide for the remuneration of old people engaged in suitable work in accordance with the arrangements;

(b) for making available any accommodation or services required to be provided under the [F5 M2 National Health Service Act 1977].

[F6 (4A) No arrangements under this section may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(4B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

(5) The M3 National Assistance Act 1948 shall have effect as if the following references included a reference to this section, that is to say,—

(a) the reference, in section 32, to section 29 of that Act;

(b) the references, in sections 35, [F7 36,]45, 52 . . . F8 to Part III of that Act;

(c) the references, in sections [F9 54,] 56 and 59, to that Act.

(6)–(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(9) The M4 Health Visiting and Social Work (Training) Act 1962 shall have effect in relation to functions of local authorities under this section as it does in relation to functions of local authorities under Part III of the National Assistance Act 1948.

(10) Section 31(1) of the National Assistance Act 1948 (which empowers local authorities to make arrangements for the provision of meals and recreation for old people) shall cease to have effect except as respects the councils of county districts.

(11) In this section “local authority” (except where used in the expression “public or local authority”) means the council of a county, [F11 other than a metropolitan county or of a [F12 county borough,] metropolitan district] or London borough or the Common Council of the City of London, 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.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F2 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F3 S. 45(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I

F4 Words "any voluntary organisation or any person" to "capable of promoting the welfare of old people" substituted (1.4.1991) for the words "any voluntary organisation having for its sole or principal object, or among its principal objects, the promotion of the welfare of old people" by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(7)

F5 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 43

F6 S. 45(4A)(4B) inserted (6.12.1999) by 1999 c. 33, s.117(1) (with Sch. 15 para. 6); S.I. 1999/3190, art. 2, Sch.

F7 Figure "36," repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F8 Words repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3 and Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

F9 Figure "54," repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F10 Ss. 45(6)–(8), 68 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

F11 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(3)

F12 Words in s. 45(11) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 5(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F13 S. 45(12) repealed by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

Modifications etc. (not altering text)

C2 S. 45 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49). Sch. 9 Pt. I; amended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C3 S. 45 restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 para. 1(1)(b) (with s.159); S.I. 2002/2811, art. 2, Sch.

Marginal Citations

M2 1977 c. 49.

M3 1948 c. 29.

M4 1962 c. 33.

46 Application to Isles of Scilly. E+W+S

Section 66 of the M5 National Assistance Act 1948 (application to the Isles of Scilly) shall have effect as if the reference to that Act included a reference to this Part of this Act.

Marginal Citations

M5 1948 c. 29.