C5C8C9C7C6C13Part II Promotion of Social Welfare by Local Authorities

Annotations:
Modifications etc. (not altering text)
C5

Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5)

C8

Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(7) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

C9

Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(10) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

C7

Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 4(3)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

C6

Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(3) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

F8 Residential accommodation with nursing.

Annotations:
Amendments (Textual)

C1213AF1C1 Residential accommodation with nursing.

C2C111

Without prejudice to section 12 of this Act, a local authority shall

F2a

provide and maintain;F3 or

F4b

make such arrangements as they consider appropriate and adequate for the provision of

suitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability.

C3C10F52

F6 . . . Arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person providing—

a

an independent health care service which is a private psychiatric hospital; or

b

a care home service.

F102A

In subsection (2)(a) above, “independent health care service” and “private psychiatric hospital” have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c.29).

F92B

In subsection (2)(b) above, “care home service” has the same meaning as in paragraph   2 of schedule   12 to the Public Services Reform (Scotland) Act 2010 (asp 8).

C4C103

The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act.

F74

No arrangements under subsection (1) above 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.

F75

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 (4) above 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.