Where any functions are transferred to a local authority by virtue of this Act all property, rights, liabilities and obligations relating to the performance of those functions which immediately before the date of transfer were the property, rights, liabilities and obligations of the body or person from which the functions are transferred shall on that date be transferred to and vest in the local authority or, as the case may be, the local authorities to which the functions have been transferred, and the provisions of Schedule 6 to this Act shall have effect for the purposes of this section.
Textual Amendments
(1)Any expenditure which apart from this section would fall to be borne by a local authority—
(a)in the provision under this Act of accommodation for a person ordinarily resident in the area of another local authority, or
(b)in the provision under Part II of this Act of services and facilities for a person ordinarily so resident (including, in the case of a child, any expenses incurred after he has ceased to be a child, and, in the event of his care being taken over by virtue of section 15(4) of this Act including also any travelling or other expenses incurred in connection with the taking over), or
(c)for the conveyance of a person ordinarily resident as aforesaid, or
(d)in administering a supervision requirement in respect of a person ordinarily resident as aforesaid, [F2or]
[F2(e)in the provision of accommodation, services or facilities for persons ordinarily so resident under section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984;]
shall be recoverable from the other local authority, and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales.
(2)Any question arising under this section as to the ordinary residence of a person shall be determined by the Secretary of State, and the Secretary of State may determine that a person has no ordinary residence.
(3)In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he was a patient in a hospital [F3forming part of the hospital and specialist services] provided under [F4sections 2 and 3 of the M1National Health Service Act 1977] or [F5Part II of the M2National Health Service (Scotland) Act 1978][F6or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978] or, in the case of a child, any period during which he resided in any place as an inmate of a school or other institution, or in accordance with the requirements of a supervision requirement, supervision order or probation order or the conditions of a recognizance, or while boarded out under this Act or under [F7the [F8M3Child Care Act 1980] or] the M4Children and Young Persons (Scotland) Act 1937 by a local authority or education authority [F9or placed with local authority foster parents under the Children Act 1989] shall be disregarded.
Textual Amendments
F2S. 86(1)(e) and the word “or” immediately preceding it inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(11)
F3Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II
F4Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 48
F5Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(2)
F6Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(12)
F7Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(7), Sch. 13 para. 23, Sch. 15
F8Words substituted by Child Care Act 1980 (c. 5, SIF 20), Sch. 5 para. 22
F9Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 23
Marginal Citations
Valid from 01/04/1993
(1)Subject to subsection (3) below, no accommodation may be provided under this Act for any person who, immediately before the date on which this section comes into force, was ordinarily resident in relevant premises.
(2)In subsection (1) above “relevant premises” means—
(a)any establishment in respect of which a person is registered under section 62 of this Act;
(b)any nursing home within the meaning of the Nursing Homes Registration (Scotland) Act M51938 in respect of which a person is registered or exempt from registration under that Act;
(c)any private hospital registered under section 12 of the Mental Health (Scotland) Act M61984; and
(d)such other premises as the Secretary of State may by regulations prescribe.
(3)The Secretary of State may by regulations provide that in such cases and subject to such conditions as may be prescribed subsection (1) above shall not apply in relation to such classes of persons as may be prescribed in the regulations.
(4)The Secretary of State shall by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in any premises for the purposes of subsection (1) above.
(5)This section does not affect the validity of any contract made before the date on which this section comes into force for the provision of accommodation on or after that date or anything done in pursuance of such a contract.]
Textual Amendments
F10S. 86A inserted (S.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 57; S.I. 1992/2975, art. 2(2), Sch.
Modifications etc. (not altering text)
C1S. 86A(1) restricted (1.4.1993) by S.I. 1993/477, regs. 4-9.
Marginal Citations
M51938 c. 73(113:3).
M61984 c. 36(85).
[F11(1)Subject to sections 78 and 78A of this Act (contributions in respect of maintainable children) and to the following provisions of this section, a local authority providing a service under this Act [F12or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984] may recover such charge (if any) for it as they consider reasonable.
(1A)If a person—
(a)avails himself of a service provided under this Act [F13or section 7 or 8 of the said Act of 1984]; and
(b)satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,
the authority shall not require him to pay more for it than it appears to them that it is practicable for him to pay.]
(2)Persons, other than maintainable children, for whom accommodation is provided under this Act [F14or section 7 of the said Act of 1984], shall be required to pay for that accommodation in accordance with the subsequent provisions of this section.
(3)Subject to the following provisions of this section, accommodation provided under this Act [F14or section 7 of the said Act of 1984] shall be regarded as accommodation provided under Part III of the M7National Assistance Act 1948, and [F15sections 22(2) to (8)] and 26(2) to (4) [F16as amended by [F17the Schedule to the Housing (Homeless Persons) Act 1977, paragraph 2(1) of Schedule 4 to the Social Security Act 1980,] section 20 of the M8Health and Social Services and Social Security Adjudications Act 1983 [F18and paragraph 32 of Schedule 10 to the Social Security Act 1986])] (charges for accommodation and provision of accommodation in premises maintained by voluntary organisations) and sections 42 [F19(as amended by paragraphs of Schedule 1 to the Law Reform (Parent and Child) (Scotland) Act 1986) and 43] of the said Act of 1948 (which make provision for the mutual maintenance of wives and husbands and the maintenance of their children by recovery of assistance from persons liable for maintenance and for affiliation orders, etc. ) shall apply accordingly.
(4)In the application of the said section 22, for any reference to the Minister there shall be substituted a reference to the Secretary of State, and in the application of the said section 26, any references to arrangements under a scheme for the provision of accommodation shall be construed as references to arrangements made by a local authority with a voluntary organisation [F20or any other person or body] for the provision of accommodation under this Act [F21or section 7 of the said Act of 1984].
(5)The Secretary of State may, with the consent of the Treasury, make regulations for modifying or adjusting the rates at which payments under this section are made, where such a course appears to him to be justified, and any such regulations may provide for the waiving of any such payment in whole or in part in such circumstances as may be specified in the regulations.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
Textual Amendments
F11S. 87(1) substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 18
F12Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(a)
F13Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(b)
F14Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c)
F15Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 5(1)
F16Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(2)
F17Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(a)
F18Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(b)
F19Words substituted by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 88, Sch. 10 para. 41(2)(c)
F20Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(d)
F21Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(13)(c)
Marginal Citations
(1)Where—
(a)a child is received into the care of a local authority under Part II of this Act; or
(b)he is subject to a supervision requirement,
the parents of the child shall keep the local authority responsible for the supervision or care of the child informed of the parents’ address.
(2)The parent of a child to whom the foregoing subsection relates and who knowingly fails to comply with the requirements of that subsection shall be liable on summary conviction to a fine of [F23level 1 on the standard scale] but in any proceedings under this section it shall be a defence that the accused was at the material time residing at the same address as the other parent and had reasonable cause to believe that the other parent kept the local authority responsible for the supervision or the care of the child informed of the address of both parents.
(3)A [F24person] who is making any payment to a local authority by virtue of any order or decree under Part VI of this Act shall be regarded as a parent for the purposes of this section.
Textual Amendments
F23Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)
F24Word substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 9(5)
Textual Amendments
(1)Any power to make regulations or orders (other than orders under sections 52 and 58 and Part V of this Act), . . . F26, or to make rules conferred on the Secretary of State by this Act shall be exercisable by statutory instrument.
(2)Any statutory instrument made in the exercise of any power to make regulations conferred by this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Any power conferred by this Act to make orders shall include a power, exercisable in the like manner and subject to the same conditions, to vary or revoke any such order.
Textual Amendments
F26Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c)(d), Sch. 5 para. 63, Sch. 6
There shall be defrayed out of moneys provided by Parliament—
(a)any sums required for the payment of grants under this Act or any other expenses of the Secretary of State under this Act, and
(b)any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
(1)The Secretary of State shall have power, by an order made in the like manner and subject to the like provisions as a rate support grant order, to vary the provisions of any rate support grant order made before the commencement of this Act for a grant period ending after the commencement of this Act.
(2)Any order made by virtue of this section may be made for all or any of the years comprised in the said rate support grant period, as may be specified in the order, and in respect of the year or years so specified shall increase the annual aggregate amount of the rate support grants to such extent as may appear to the Secretary of State to be appropriate having regard to any additional expenditure incurred or likely to be incurred by councils of counties or of large burghs in consequence of the passing of this Act.
(3)The provisions of this section shall have effect without prejudice to the exercise of any power conferred by section 4 of the M9Local Government (Scotland) Act 1966 (which confers power to vary rate support grant orders in consequence of unforeseen increases in the level of prices, costs or remuneration).
(4)In this section the expressions “rate support grant order” and “grant period” have the meanings respectively assigned to them by subsection (1) and subsection (3) of section 3 of the M10Local Government (Scotland) Act 1966.
The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under–
(a)Part II of this Act; and
(b)sections 7 and 8 of the Mental Health (Scotland) Act M111984,
in relation to persons suffering from mental illness.]
Textual Amendments
F27S. 92A inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 58
Marginal Citations
M111984 c. 36(85).