Part VII Miscellaneous and General
General
86 Adjustments between authority providing accommodation etc., and authority of area of residence.
1
Any expenditure which apart from this section would fall to be borne by a local authority—
a
b
in the provision under Part II of this Act F2, or under or by virtue of Part II of the said Act of 1995, 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 another local authority taking over, under section 25(4) of that Act, the provision of accommodation for him, including also any travelling or other expenses incurred in connection with the taking over), or
F10ba
in making a payment under section 12B of this Act in relation to the provision of a service for a person ordinarily so resident; 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, F3or
F7e
in the provision, for persons ordinarily so resident, of services under section 25 (care and support services for persons who have or who have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
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, F11any period during which he is provided with accommodation under this Act or under sections 25 to 27 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13), any period during which he was a patient in a F12hospital F13forming part of the hospital and specialist services provided under F14sections 2 and 3 of the National Health Service Act 2006, sections 2 and 3 of the National Health Service (Wales) Act 2006 or F15Part II of the M2National Health Service (Scotland) Act 1978F17or in a hospital managed by a National Health Service trust established under F16the National Health Service Act 2006, the National Health Service (Wales) Act 2006 or section 12A of the National Health Service (Scotland) Act 1978F12health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) 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 F4 . . . the M1Children and Young Persons (Scotland) Act 1937 by a local authority or education authority F5or placed with local authority foster parents under the Children Act 1989F6or provided with accommodation under paragraph (a) of, or by virtue of paragraph (c) of, section 26(1) of the Children (Scotland) Act 1995 shall be disregarded.
F94
This subsection applies where a local authority (“the responsible authority”) performs a function under—
a
this Act;
b
Part II of the Children (Scotland) Act 1995 (c. 36); or
c
section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13),
by making arrangements with a person (“the provider”) in terms of which the provider undertakes to accommodate, or to secure accommodation for, another person.
5
Where subsection (4) applies—
a
any expenditure incurred under the arrangements by a provider which is a local authority is recoverable from the responsible authority; and
b
any period during which the person is accommodated under the arrangements is to be disregarded in determining the person's ordinary residence for the purposes of subsection (1) of this section.
6
The Scottish Ministers may make regulations specifying circumstances in which a local authority (“the providing authority”) may recover from another local authority (“the other authority”) expenditure which the providing authority incurs in the provision of services or facilities under arrangements made with the other authority for the purpose of enabling that other authority to perform a function under—
a
this Act;
b
Part II of the Children (Scotland) Act 1995 (c. 36); or
c
section 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
7
The Scottish Ministers may make regulations specifying circumstances which must be taken into account, or disregarded, when determining a person's ordinary residence for the purposes of subsection (1) of this section (and such regulations may modify subsection (2), (3) and (5)(b) of this section).
8
Regulations made under subsection (6) or (7) of this section may—
a
make different provision for different cases and for different persons;
b
include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit.
9
Despite section 90(2) of this Act, no statutory instrument containing regulations made under subsection (7) of this section which includes provisions which modify this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
10
References in subsections (4) to (6) of this section to a local authority which is providing accommodation, service or facilities include references to a local authority in England or Wales.