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- Point in Time (06/12/1999)
- Original (As enacted)
Version Superseded: 01/03/2007
Point in time view as at 06/12/1999.
Health Services and Public Health Act 1968, Part II is up to date with all changes known to be in force on or before 17 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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[F1(1)For subsection (1) of section 26 of the M1National 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
F1S. 44(1) repealed (prosp.)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)
C1The 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
(1)A local authority may with the approval of [F2the 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 [F4any voluntary organisation having for its sole or principal object, or among its principal objects, the promotion of the welfare of old people][F4any 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 [F5M2National 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 M3National 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, [F736,]45, 52 . . . F8to Part III of that Act;
(c)the references, in sections [F954,] 56 and 59, to that Act.
(6)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
(9)The M4Health 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, [F11other than a metropolitan county or of a [F12county 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
F2Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F3S. 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
F4Words "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)
F5Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 43
F6S. 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.
F7Figure "36," repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
F8Words repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3 and Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII
F9Figure "54," repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
F10Ss. 45(6)–(8), 68 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3
F11Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(3)
F12Words 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
F13S. 45(12) repealed by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
Modifications etc. (not altering text)
C2S. 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
C3S. 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
Section 66 of the M5National 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
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