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(1)A local authority may give assistance by way of grant or by way of loan, or partly in the one way and partly in the other, to a voluntary organisation whose activities consist in, or include, the provision of a service similar to a relevant service, the promotion of the provision of a relevant service or a similar one, the publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided, . . . F1.
(2)A local authority may also assist any such voluntary organisation as aforesaid by permitting them to use premises belonging to the authority on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift, or loan or otherwise) and the services of any staff who are employed by the authority in connection with the premises or other things which they permit the organisation to use, . . . F2
(3)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means the council of a county, [F3other than a metropolitan county, or of a [F4county borough,] metropolitan district] or London borough or the Common Council of the City of London;
[F5(b)“the relevant enactments” means—
(i)Parts III and IV of the M1Children and Young Persons Act 1933,
F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)Part III of the M2National Assistance Act 1948,
F7(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M3Adoption Act 1958,
(vi)section 3 of the M4Disabled Persons (Employment) Act 1958,
[F8(vii)the M5Children Act 1958,]
[F9(viii)section 9 of the M6Mental Health Act 1959,]
(ix)section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,
[F10(x)section 9 of the M7Domestic Proceedings and Magistrates’ Courts Act 1978],
(xi)the M8Children and Young Persons Act 1963, except Part II and section 56,
(xii)this Act,
(xiii)the M9Adoption Act 1968,
(xiv)section 7(4) of the M10Family Law Reform Act 1969,
(xv)the M11Children and Young Persons Act 1969,
(xvi)section 43 of the M12Matrimonial Causes Act 1973,
F11(xvii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xviii)the M13Children Act 1975,
[F12(xix)[F13the Adoption and Children Act 2002]],
[F14(xix)[F15the National Health Service Act 2006 and the National Health Service (Wales) Act 2006]],
[F16(xxi)the Children Act 1989],
[F17(xxii)sections 63 to 66 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;]]
(c)“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and
(d)“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.
(4)The foregoing provisions of this section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(5) and 28(3) and (so far as it relates to such organisations) section 63 of the M14National Health Service Act 1946, sections 26(6) and 30(2) of the M15National Assistance Act 1948, sections 45(4) and 46(3) of the M16London Government Act 1963 and, except in so far as it applies to the councils of county districts, section 31(3) of the National Assistance Act 1948.
(5)Subsection (1) of section 46 of the M17Local Government Act 1958 shall have effect as if the functions of councils of counties which may, under schemes made under that section, be exercisable by the councils of county districts, included functions under this section of the first mentioned councils.
(6)This section (except in so far as it relates to the Greater London Council) shall have effect in Scotland as if for subsections (3), (4) and (5) thereof, there were substituted the following subsections:—
“(2A)Without prejudice to the powers conferred on local authorities by the foregoing provisions of this section, a [F18local authority] may assist any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people to provide such meals or such recreation by contributing to the funds of the organisation, by permitting them to use premises belonging to the [F18local authority] on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the [F18local authority] in connection with the premises or other things which they permit the organisation to use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
(2B)In this section—
(a)“local authority” (except where used in the expression “public or local authority”) means, [F20the [F21council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];
F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F23(c)“the relevant enactments” means the National Health Service (Scotland) Acts [F241978], Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;]
(d)“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and
(e)“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.
(2C)This section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(3) and 27(3) and (so far as it authorises local health authorities to give assistance to such organisations) section 63 of the National Health Service (Scotland) Act 1947, and section 26(6), 30(2) and 31(3) of the National Assistance Act 1948”
Textual Amendments
F1Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F2Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F3Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(4)
F4Words in s. 65(3)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 5(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(12), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F5s. 65(3)(b) substituted by Children Act 1975 (c. 72), Sch. 3 para. 47
F6S. 65(3)(b)(ii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F7S. 65(3)(b)(iv) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F8S. 65(3)(b)(vii) which was substituted (E.W.) by Foster Children Act 1980 (c. 6, SIF 20), s. 23(2), Sch. 2 Pt. I was repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4); S.I. 1991/828, art. 3(2); the Children Act 1958 was repealed (S.) by Foster Children (Scotland) Act 1984 c. 56, s. 22, Sch. 3 and the reference to the Children Act 1958 should be construed in accordance with the Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a).
F9S. 65(3)(b)(viii)(x) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).
F10S. 65(3)(b)(x) substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 23
F11S. 65(3)(b)(xvii) repealed by National Health Service Act 1977 (c. 49), Sch. 16
F12S. 65(3)(b)(xix) added by Adoption Act 1976 (c. 36), s. 74(2), Sch. 3 Pt. I para. 10
F13Words in s. 65(3)(b) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 11 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F14S. 65(3)(b)(xix) added by National Health Service Act 1977 (c. 49), Sch. 15
F15Words in s. 65(3)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 40 (with Sch. 3 Pt. 1)
F16S. 65(3)(b)(xxi) substituted (E.W.) (14. 10. 1991) for s. 65(3)(b)(xx) (which was added (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 20), by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 17(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F17S. 65(3)(b)(xxii) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 33
F18S. 65(6): words in substituted subsection (2A) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 74(3)(a); S.I. 1996/323, art. 4(1)(c)
F19Para. repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F20Words substituted by Local Government (Scotland) Act 1973 (c. 65) Sch. 27 Pt. II para. 175(b)
F21S. 65(6): words in substituted subsection (2B)(a) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 74(3)(b); S.I. 1996/323, art. 4(1)(c)
F22S. 65(6)(2B)(b) repealed by Local Government (Scotland) Act 1973 (c. 65) Sch. 29
F23S. 65(6)(2B)(c) substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 137
F24Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 28
Modifications etc. (not altering text)
C1S. 65 restricted (S.) by Social Work (Scotland) Act 1968 (c. 49), s. 10(5)
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