Health And Social Services And Social Security Adjudications Act 1983

1983 CHAPTER 41

An Act to amend the law relating to the financing of certain social services in England and Wales and Scotland and to children and young persons; to make fresh provision for the Central Council for Education andTraining in Social Work and further provision for the remuneration and conditions of service of medical and dental practitioners in the National Health Service and health service officers; to amend the law relating to homes regulated by the Nursing Homes Act 1975, the Child Care Act 1980, the Residential Homes Act 1980 and the Children’s Homes Act 1982; to repeal enactments about the designation of health authorities as teaching authorities and membership of authorities so designated; to make further provision for social security adjudication; to make further provision for fees for medical practitioners’ certificates relating to notifiable diseases andfood poisoning; to abolish certain advisory bodies; to make minor alterations in certain enactments relating to health; and for connected purposes.

[13th May 1983]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1 Certain provisions extend to Northern Ireland see s. 33(1).

Modifications etc. (not altering text)

C1 Power to modify conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 17(1)

C2 Power to amend conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 54(1)

Act (except Sch. 8): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Part I E+W+S Community Care

F1 1 Joint financing of community services in England and Wales. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 1 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

2 Support to financing of community services in Scotland. E+W+S

The following section shall be substituted for section 16A of the M1 National Health Service (Scotland) Act 1978—

“16A Power to make payments towards expenditure on community services.

(1) A Health Board may, if they think fit, make payments in accordance with this section to any regional, islands or district counciltowards expenditure incurred or to be incurred by them in connection with the performance of the following functions—

(a) any function relating to a matter which, by virtue of section 2(2)of the Social Work (Scotland) Act 1968 or any other enactment (other than section 3 of the Disabled Persons (Employment) Act 1958), stands referred to the social work committee of a regional or islands council;

(b) any of a regional or islands council’s functions under section 1 of the Education (Scotland) Act 1980 in making provision for—

(i) special educational needs;

(ii) further education,

within the meaning of those terms in that section;

(c) any of a district or islands council’s functions under Part VII of the Housing (Scotland) Act 1966 (provision of housing accommodation); and

(d) any of a regional or islands council’s functions under the following provisions—

(i) Part III of the National Assistance Act 1948;

(ii) section 116 of the Mental Health Act 1983;

(iii) section 1 or 2 of the Chronically Sick and Disabled Persons Act 1970;

(iv) section 23 or 297 of the Criminal Procedure (Scotland) Act 1975.

(2) A Health Board may, if they think fit, make payments in accordance with this section to any of the following bodies towards expenditure incurred or to be incurred by them in connection with the provision of housing accommodation—

(a) any housing association, as defined in section 208(1) of the Housing (Scotland) Act 1966, which is registered by the Housing Corporation under section 13 of the Housing Act 1974;

(b) any development corporation established under section 2 of the New Towns (Scotland) Act 1968;

(c) the Housing Corporation; and

(d) the Scottish Special Housing Association.

(3) Where a voluntary organisation provides services similar to the functions referred to in this section, payments may be made in accordance with this section to any such organisation towards expenditure incurred or to be incurred in connection with the provision of those services and such payments may be made by—

(a) any Health Board either instead of or in addition to making payments under this section to any council, authority or other body in respect of such services; and

(b) any such council, authority or other body which has received payments from a Health Board under this section, out of the sums so received.

(4) Any payments made under this section, whether in respect of expenditure of a capital or of a revenue nature, or of both, shall be made in accordance with conditions prescribed for payments of that description by the Secretary of State in directions given under this subsection.”

Marginal Citations

M1 1978 c. 29.

3 Financial assistance to voluntary organisations in Scotland. E+W+S

Section 64 of the M2 Health Services and Public Health Act 1968 (financial assistance to voluntary organisations) shall cease to have effect with regard to Scotland and the following section shall be inserted in the M3 National Health Service (Scotland) Act 1978 after section 16A—

“16B Financial assistance by the Secretary of State to voluntary organisations.

(1) The Secretary of State may, upon such terms and subject to such conditions as he may, with the approval of the Treasury, determine, give to a voluntary organisation to which this section applies assistance by way of grant or loan, or partly in the one way and partly in the other.

(2) This section applies to a voluntary organisation whose activities consist in or include the provision of a service similar to a relevant service, the promotion or 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.

(3) In this section, “relevant service” means a service which must or may, by virtue of the National Health Service (Scotland) Act 1978, be provided or the provision of which must or may, by virtue of that Act, be secured by the Secretary of State, or a service for the provision of which a Health Board is, by virtue of that Act, under a duty to make arrangements.”.

Marginal Citations

M2 1968 c. 46.

M3 1978 c. 29.

Part II U.K. Children and Young Persons

4 Abolition of regional plans for accommodation for children. E+W

F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A voluntary home designated as a controlled or assisted community home in accordance with a regional plan approved by the Secretary of State under the M4 Child Care Act 1980 shall be deemed to have been designated as such a home by the local authority named in the instrument of management made for the home under section 35 of that Act.

Textual Amendments

F2 S. 4(1) repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Marginal Citations

M4 1980 c. 5.

F3 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 5 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F4 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 S. 6 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with S. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[F5 7 Access to children in care—Scotland. E+W+S

(1) In section 16 of the M5 Social Work (Scotland) Act 1968 (assumption of parental rights and powers), in subsection (5)—

(a) the words from “unless” to “resolution” where it third occurs shall be left out; and

(b) for the words “that person’s whereabouts” there shall be substituted the words “the whereabouts of the person whose parental rights and powers have under the resolution vested in the local authority or in the voluntary organisation as the case may be”.

(2) The following sections shall be inserted in the said Act of 1968 after section 17 of that Act—

17A “ Termination of access to child subject to resolution under section 16.

(1) A local authority or voluntary organisation may not terminate arrangements for access to a child who is the subject of a resolution under section 16 of this Act by his parent or guardian or refuse to make such arrangements unless they have first given the parent or guardian notice of termination or refusal in a form prescribed by order made by the Secretary of State.

(2) A notice under this section shall contain a statement that the parent or guardian has a right to apply to the sheriff for an order under section 17B of this Act.

(3) A notice terminating access shall state that access will be terminated as from the date of service of the notice.

(4) A local authority or voluntary organisation are not to be taken to terminate arrangements for access for the purposes of this section in a case where they propose to substitute new arrangements for access for existing arrangements.

(5) A local authority or voluntary organisation are not to be taken to refuse to make arrangements for access for the purposes of this section in a case where they postpone access for such reasonable period as appears to them to be necessary to enable them to consider what arrangements for access (if any) are to be made.

(6) A notice under this section may be served on a parent or guardian either by delivering it to him or by leaving it at his proper address or by sending it by post.

(7) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person shall be his last known address.

17B Access Orders.

(1) A parent or guardian on whom a notice under section 17A of this Act is served may apply by way of summary application to the sheriff (in the case of a local authority, the sheriff having jurisdiction in their area) for an order under this section (hereinafter referred to as an “access order”).

(2) An access order shall be in order requiring the authority or organisation to allow the child’s parent or guardian access to the childsubject to such conditions as the order may specify with regard tocommencement, frequency, duration or place of access or to any other matter for which it appears to the sheriff that provision ought to be made in connection with the requirement to allow access.

(3) Where an access order has been made—

(a) the parent or guardian in the order; or

(b) the local authority or voluntary organisation

may apply by way of summary application to the sheriff for the variation or discharge of the order.

17C Emergency order.

(1) The sheriff may make an order under this subsection where he is satisfied that continued access to a child by his parent or guardian in accordance with the terms of an access order will put the child’s welfare seriously at risk.

(2) Subject to subsection (3) below, an order under subsection (1) of this section shall be an order suspending the operation of the access order for 7 days beginning with the date of the order under subsection (1) of this section, or for such shorter period beginning with that date as may be specified in that order.

(3) If during the period for which the operation of the access order is suspended the local authority or voluntary organisation make an application for its variation or discharge to the sheriff, its operation shall be suspended until the date on which the application to vary or discharge it is determined or abandoned.

17D Safeguarding of interest of child.

A court to which an application for an access order or any other application under section 17B or 17C of this Act or any appeal relating thereto is made shall regard the welfare of the child as the first and paramount consideration in determining the matter.

17E Code of practice.

(1) The Secretary of State shall prepare, and from time totime revise, a code of practice with regard to access to children who are in care or who are subject to a supervision requirement under section 44 of this Act.

(2) Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.

(3) The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.

(4) No resolution shall be passed by either House of Parliament under subsection (3) above in respect of a code or alteration after the expiration of the period of forty days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5) The Secretary of State shall publish the code as for the time beingin force.”.

(3) In section 18A of the Act (safeguarding of interests of child), in subsection (1), after the words “16A(3)” there shall be inserted the words “, 17B, 17C”.]

Textual Amendments

F5 S. 7 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

Marginal Citations

M5 1968 c. 49.

8 Secure accommodation for children in Scotland. E+W+S

[F6 (1) In section 32 of the M6 Social Work (Scotland) Act 1968 (requisite conditions for compulsory measures of care for children), in subsection (2) there shall be inserted at the end—

“(i) he is in the care of a local authority and his behaviour is such that special measures are needed for his adequate care and control.”].

(2) In section 59A of the said Act of 1968 (grants in respect of secure accommodation for children), subsection (3) shall be left out.

(3) In section 60 of that Act (control of residential establishments), in subsection (1)—

(a) after paragraph (b) there shall be inserted the following paragraph—

“(bb) for the granting of approval by the Secretary of State for the provision and use of accommodation in residential establishments as secure accommodation;”

(b) after paragraph (e) there shall be inserted the following paragraph—

“(ee) for prescribing the minimum age below which a child’s liberty shall not be restricted in secure accommodation except with the Secretary of State’s consent;”

(c) after paragraph (f), after the words “classes of establishments” there shall be inserted the words “, different classes of accommodation in residential and other establishments”.

[(4) After section 58 of that Act there shall be inserted the following sections—

58A “ Residence in secure accommodation.

(1) A child who is made subject to a supervisionrequirement under this Act may not be placed or kept in secure accommodation, except under the provisions of this Act.

(2) In this Act, “secure accommodation” means accommodation provided in a residential establishment in accordance with regulations made under section 60(1) of this Act for the purpose of restricting the liberty of children.

(3) Where a children’s hearing decide, in accordance with section 44 of this Act, that a child is in need of compulsory measures of care, and they are satisfied that either—

(a) he has a history of absconding, and—

(i) he is likely to abscond unless he is kept in secure accommodation; and

(ii) if he absconds, it is likely that his physical, mental or moral welfare will be at risk; or

(b) he is likely to injure himself or other persons unless he is kept in secure accommodation,

they may make it a condition of a supervision requirement under subsection (1)(b) of the said section 44 that the child shall be liable to be placed and kept in secure accommodation in the named residential establishment at such times as the person in charge of that establishment, with the agreement of the director of social work of the local authority required to give effect to the supervision requirement, considers it necessary that he do so.

(4) The Secretary of State shall have power by regulations to make provision with respect to the placing in secure accommodation of any child—

(a) who is subject to a supervision requirement imposed under section 44 of this Act but not subject to a condition imposed under subsection (3) of this section; or

(b) who is not subject to such a supervision requirement but who is being cared for by a local authority or voluntary organisation in pursuance of such enactments as may be specified in the regulations,

and such regulations shall specify the circumstances which require to pertain before a child may be so placed under regulations made under this subsection and may specify different circumstances for different cases or classes of case.

58B Time limits on keeping without reference to children’s hearing.

(1) The Secretary of State shall by regulations prescribe—

(a) the maximum period during which a child may be kept under this Act in secure accommodation without the authority of a children’s hearing or of the sheriff;

(b) the period within which the case of a child placed under this Actin secure accommodation shall be referred to the reporter and differentperiods may be prescribed in respect of different cases or classes of case.

(2) The Secretary of State shall by regulations make provision to enable a child who has been placed in secure accommodation under section 58(A)(4) of this Act or his parent to require that the child’s case be brought before a children’s hearing within a shorter period than would otherwise apply under regulations made under subsection (1)(a) of this section.

(3) Where, in any case, a child’s hearing direct the reporter to make application to the sheriff for a finding under section 42(2) (c) of this Act (finding that grounds for referral are established), they shall have power, if they are satisfied with regard to the criteria specified in paragraph (a) or (b) of section 58A(3) of this Act, to authorise the detention or, as thecase may be, further detention of the child in secure accommodation in anamed residential establishment, pending the determination of the case in accordance with section 42(5) or (6) of this Act.

58C Review of secure accommodation condition.

(1) A condition imposed under section 58A(3) of this Act, requiring a child to reside in secure accommodation, shall be subject to review by a children’s hearing at such time as the local authority recommends and otherwise at such times and in accordance with such provisions as the Secretary of State shall by regulations prescribe.

(2) A condition to which this section applies shall be reviewed when the supervision requirement is being reviewed, and may be reviewed separately from that review.

(3) A condition to which this section applies shall cease to have effectat the expiry of the period of three months after it was made, unless it has been reviewed and the condition has been ordered to continue.

(4) A condition which is continued on review shall cease to have effect at the expiry of the period of—

(a) nine months after it is first reviewed;

(b) twelve months after the second or any subsequent review,

unless it has been reviewed and the condition has been ordered to continue.

(5) Sections 44 and 48(5) of this Act shall apply to the review of conditions made under section 58A(3) of this Act as they apply to the review of supervision requirements.

(6) The Secretary of State may from time to time make regulations to vary the periods specified in this section.

58D Sheriff’s power to direct condition to cease to have effect.

Where under section 49(5) of this Act (appeal against decisionof children’s hearing) the sheriff is satisfied in a case in which there is inforce a condition under section 58A(3) of this Act that the decision of thechildren’s hearing is not justified in all the circumstances of the case heshall direct that the condition shall cease to have effect.

58E Warrants to detain in secure accommodation.

(1) Where the sheriff or a children’s hearing issues a warrant under any of sections 37, 40 and 42 of this Act (detention in a place of safety), he or they may, if satisfied with regard to the criteria specified in paragraph (a) or (b) of section 58A(3) of this Act, authorise the detention or, as the case may be, further detention of the child in secure accommodation in a named residential establishment.

(2) For the purposes of this section, the Secretary of State may makeregulations amending, varying or disapplying any of the criteria specified in the said paragraphs (a) and (b) of section 58A(3) of this Act except in relation to a warrant under section 37 of this Act.

58F Procedures for placing in secure accommodation.

(1) The Secretary of State may by regulations make provision for the procedures to be applied in the placing of children in secure accommodation, and without prejudice to the foregoing generality may make provision for the referral of cases to a children’s hearing for review.

(2) Regulations under this section may specify the duties of thereporter in relation to the placing of children in secure accommodation.

(3) Regulations under this section may make provision for the parent ofa child being informed of the placing of the child in secure accommodation.

58G Transitional provisions.

Regulations made under sections 58A to 58F of this Act may include such transitional provisions as the Secretary of State may consider necessary, including provisions varying the application of any provision in those sections for a transitional period, either generally, or in relation to specified classes of cases.”.]

Textual Amendments

F6 S. 8(1)(4) repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(5), Sch. % (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

Marginal Citations

M6 1968 c. 49.

9 Miscellaneous amendments of enactments relating to children and young persons. U.K.

Schedule 2 to this Act (which contains amendments relating to children and young persons) shall have effect.

Part III U.K. The Central Council for Education and Training in Social Work

10 The Central Council for Education and Training in Social Work. U.K.

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 10 repealed (1.4.2002) by The Abolition of the Central Council for Education and Training in Social Work Order 2002 (S.I. 2002/797), art. 2(a)

Part IV E+W+S Residential Homes, Nursing Homes etc.

11 Registration of homes. U.K.

[F8 (1) Part I of Schedule 4 to this Act shall have effect in place of the provisions of the M7 Residential Homes Act 1980 other than those relating to meals and recreation for old people.]

(2) The amendments to [F9 the M8 Nursing Homes Act 1975,] . . . specified in Part II of that Schedule shall have effect.

[F10 (3) Part III of that Schedule shall have effect in relation to tribunals to hear appeals concerning the registration of homes.]

(4) The Secretary of State may by regulations made by statutory instrument make such transitional provision as he considers necessary or expedient in connection with this section.

(5) Regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F8 S. 11(1) repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

F9 Words repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

F10 S. 11(3) repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

Marginal Citations

M7 1980 c. 7.

M8 1975 c. 37

Part V E+W+S Organisation of the National Health Service

12 Amendments of National Health Service Act 1977. E+W+S

Schedule 5 to this Act shall have effect.

F11 13 Repeal of provisions about designation and membership of teaching authorities. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 13 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Part VI U.K. Medical Practitioners etc.

14 Medical practitioners etc. U.K.

F12 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The amendments to the M9 National Health Service (Scotland) Act 1978 specified in Schedule 7 to this Act shall have effect.

Textual Amendments

F12 S. 14(1) repealed (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(e) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(e) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Marginal Citations

M9 1978 c. 29.

15 Dental practitioners whose registration is suspended—England and Wales. U.K.

In the M10 National Health Service Act 1977—

F13 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 S. 15(a) repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(c)

F14 S. 15(b) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Marginal Citations

M10 1977 c. 49.

16 Dental practitioners whose registration is suspended—Scotland. U.K.

In the M11 National Health Service (Scotland) Act 1978—

(a) the following subsections shall be added at the end of section 25 (arrangements for general dental services)—

“(4) Where the registration of a dental practitioner in the dentists register is suspended—

(a) by an order under Part II of the Dentists Act 1983 (interim suspension); or

(b) by a direction or order under Part III of that Act (health cases),

the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension.

(5) Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is so suspended.”; and

(b) the following paragraph shall be inserted after paragraph 6 of Schedule 1—

“(6A) Notwithstanding paragraph 7 of this Schedule, where the registration of a dental practitioner in the dentists register is suspended—

(a) by an order under Part II of the Dentists Act 1983 (interim suspension); or

(b) by a direction under Part III of that Act (health cases),

the suspension shall not terminate any contract of employment made between him and a Health Board but a person whose registration is suspended under that Part of that Act shall not perform any duties under a contract made between him and a Health Board which involve the practice of dentistry within the meaning of section 33(1) of the Dentists Act 1957.”.

Marginal Citations

M11 1978 c. 29.

Part VII E+W+S Charges for Local Authority Services

17 Charges for local authority services in England and Wales. E+W+S

(1) Subject to subsection (3) below, an authority [F15 in England] providing a service to which this section applies may recover such charge (if any) for it as they consider reasonable.

(2) This section applies to services provided under the following enactments—

(a) section 29 of the M12 National Assistance Act 1948 (welfare arrangements for blind, deaf, dumb and crippled persons etc.);

(b) section 45(1) of the M13 Health Services and Public Health Act 1968 (welfare of old people);

(c) [F16 Schedule 20 to the National Health Service Act 2006 F17 ...] (care of mothers and young children, prevention of illness and care and aftercare and home help and laundry facilities);

(d) section 8 of the M14 Residential Homes Act 1980 (meals and recreation for old people); and

(e) paragraph 1 of Part II of Schedule 9 to this Act

[F18 (f) section 2 of the Carers and Disabled Children Act 2000]

[F19 other than the provision of services for which payment may be required under section 22 or 26 of the National Assistance Act 1948].

[F20 (2A) Subject to subsection (3) below, an authority in Wales providing a service under section 2 of the Carers and Disabled Children Act 2000 in the form of residential care may recover such charge (if any) for it as they consider reasonable.]

(3) If a person—

(a) avails himself of a service to which this section applies, 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 reasonably practicable for him to pay.

(4) Any charge under this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

[F21 (5) This section has effect subject to any regulations under section 15 of the Community Care (Delayed Discharges etc.) Act 2003 (power to require certain community care services and services for carers to be free of charge).]

Textual Amendments

F15 Words in s. 17(1) inserted (E.W.) (18.3.2011) by Social Care Charges (Wales) Measure 2010 (nawm 2), ss. 14(2), 18(3); S.I. 2011/849, art. 2, Sch.

F16 Words in s. 17(2)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 72 (with Sch. 3 Pt. 1)

F17 Words in s. 17(2)(c) omitted (E.W.) (18.3.2011) by virtue of Social Care Charges (Wales) Measure 2010 (nawm 2), ss. 14(3), 18(3); S.I. 2011/849, art. 2, Sch.

F18 S. 17(2)(f) inserted (1.4.2001 for E. and 1.7.2001 for W.) by 2000 c. 16, s. 8; S.I. 2001/510, art. 2, Sch.; S.I. 2001/2196, art. 2, Sch.

F19 Words in S. 17(2) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 25(1); S.I. 1992/2975, art. 2(2), Sch.

F20 S. 17(2A) inserted (18.3.2011) by Social Care Charges (Wales) Measure 2010 (nawm 2), ss. 14(4), 18(3); S.I. 2011/849, art. 2, Sch.

F21 S. 17(5) inserted (8.4.2003) by Community Care (Delayed Discharges etc.) Act 2003 (c. 5), ss. 17(3), 20(2)

Marginal Citations

M12 1948 c. 29.

M13 1968 c. 46.

M14 1980 c. 7.

18 Charges for local authority services in Scotland. E+W+S

In section 87 of the M15 Social Work (Scotland) Act 1968 (charges for services and accommodation) there shall be substituted for subsection (1) the following subsections—

“(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 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; 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 reasonably practicable for him to pay.”.

Marginal Citations

M15 1968 c. 49.

19 Contributions in respect of children in care. U.K.

F22 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In section 78 of the M16 Social Work (Scotland) Act 1968 (duty to make contributions in respect of children in care)—

(a) in subsection (1) the words “and is engaged in remunerative employment” shall be omitted; and

(b) after subsection (2) there shall be inserted the following subsection—

“(2A) No contributions shall be payable under subsection (1)(a) of this section by a contributor during a period when he is in receipt of—

(a) benefits under the Supplementary Benefits Act 1976; or

(b) a family income supplement under the Family Income Supplements Act 1970.”.

(7) After section 78 of the said Act of 1968 there shall be inserted the following section—

“78A Recovery of contributions.

(1) Section 87 of this Act (charges for services and accommodation) shall not apply to provision of services (including accommodation) under this Act in respect of maintainable children, and the provisions of this section shall apply thereto.

(2) A local authority providing such services may recover from a contributor a contribution (if any) of such amount as is reasonable and, subject to that, may recover—

(a) a standard contribution determined by them in respect of maintainable children who are in their care or under their supervision; or

(b) such other contribution as they consider reasonable in the circumstances.”.

Textual Amendments

F22 S. 19(1)–(5) repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F23 S. 19(2) repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

Marginal Citations

M16 1968 c. 49.

20 Power of local authority to limit charge for residential accommodation to minimum rate. E+W+S

(1) In the M17 National Assistance Act 1948—

(a) the following subsection shall be inserted after subsection (5) of section 22 (charges to be made for accommodation)—

“(5A) If they think fit, an authority managing premises in which accommodation is provided for a person shall have power on each occasion when they provide accommodation for him irrespective of his means, to limit to the minimum weekly rate prescribed under subsection (3) above the payments required from him for his accommodation during a period commencing when they begin to provide the accommodation for him and ending not more than eight weeks after that.”; and

(b) in section 26(4) (which applies certain provisions of section 22) after the word “Subsections” there shall be inserted the word “(5A),”.

(2) In section 87(3) of the M18 Social Work (Scotland) Act 1968 there shall be inserted after the word “(4)” the words “(as amended by section 20 of the Health and Social Services and Social Security Adjudications Act 1983)”.

Marginal Citations

M17 1948 c. 29.

M18 1968 c. 49.

21 Recovery of sums due to local authority where persons in residential accommodation have disposed of assets. E+W+S

(1) Subject to the following provisions of this section where—

(a) a person avails himself of Part III accommodation; and

(b) that person knowingly and with the intention of avoiding charges for the accommodation—

(i) has transferred any asset to which this section applies to some other person or persons not more than six months before the date on which he begins to reside in such accommodation; or

(ii) transfers any such asset to some other person or persons while residing in the accommodation; and

(c) either—

(i) the consideration for the transfer is less than the value of the asset; or

(ii) there is no consideration for the transfer,

the person or persons to whom the asset is transferred by the person availing himself of the accommodation shall be liable to pay to the local authority providing the accommodation or arranging for its provision the difference between the amount assessed as due to be paid for the accommodation by the person availing himself of it and the amount which the local authority receive from him for it.

(2) This section applies to cash and any other asset which falls to be taken into account for the purpose of assessing under section 22 of the M19 National Assistance Act 1948 the ability to pay for the accommodation of the person availing himself of it.

(3) Subsection (1) above shall have effect in relation to a transfer by a person who leaves Part III accommodation and subsequently resumes residence in such accommodation as if the period of six months mentioned in paragraph (b)(i) were a period of six months before the date on which he resumed residence in such accommodation.

[F24 (3A) If the Secretary of State so directs, subsection (1) above shall not apply in such cases as may be specified in the direction.]

(4) Where a person has transferred an asset to which this section applies to more than one person, the liability of each of the persons to whom it was transferred shall be in proportion to the benefit accruing to him from the transfer.

(5) A person’s liability under this section shall not exceed the benefit accruing to him from the transfer.

(6) Subject to subsection (7) below, the value of any asset to which this section applies, other than cash, which has been transferred shall be taken to be the amount of the consideration which would have been realised for it if it had been sold on the open market by a willing seller at the time of the transfer.

(7) For the purpose of calculating the value of an asset under subsection (6) above there shall be deducted from the amount of the consideration—

(a) the amount of any incumbrance on the asset; and

(b) a reasonable amount in respect of the expenses of the sale.

(8) In this Part of this Act “Part III accommodation” means accommodation provided under sections 21 to 26 of the M20 National Assistance Act 1948, and, in the application of this Part of this Act to Scotland, means accommodation provided under the M21 Social Work (Scotland) Act 1968 [F25 or [F26 section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003],].

Textual Amendments

F24 S. 21(3A) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(1); S.I. 1992/2975, art. 2(3)(a).

F25 Words in s. 21(8) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 25(2); S.I. 1992/2975, art. 2(3)(b).

F26 Words in s. 21(8) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, Sch. 1 para. 14(2)

Commencement Information

I1 S. 21 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

Marginal Citations

M19 1948 c. 29.

M20 1948 c. 29.

M21 1968 c. 49.

22 Arrears of contributions charged on interest in land in England and Wales. E+W+S

(1) Subject to subsection (2) below, where a person who avails himself of Part III accommodation provided by a local authority in England, Wales or Scotland—

(a) fails to pay any sum assessed as due to be paid by him for the accommodation; and

(b) has a beneficial interest in land in England or Wales,

the local authority may create a charge in their favour on his interest in the land.

(2) In the case of a person who has interests in more than one parcel of land the charge under this section shall be upon his interest in such one of the parcels as the local authority may determine.

[F27 (2A) In determining whether to exercise their power under subsection (1) above and in making any determination under subsection (2) above, the local authority shall comply with any directions given to them by the Secretary of State as to the exercise of those functions.]

[F28 (3) Any interest in the proceeds of sale of land held upon trust for sale is to be treated, subject to subsection (8) below, as an interest in land for the purposes of this section.]

(4) Subject to subsection (5) below, a charge under this section shall be in respect of any amount assessed as due to be paid which is outstanding from time to time.

(5) The charge on the interest of [F29 an equitable joint tenant in land] shall be in respect of an amount not exceeding the value of the interest that he would enjoy in [F30 the land] if the joint tenancy were severed but the creation of such a charge shall not sever the joint tenancy.

(6) On the death of [F31 an equitable joint tenant in land] whose interest in the [F32 land is] subject to a charge under this section—

(a) if there are surviving joint tenants, their [F33 interests in the land]; and

(b) if the land vests in one person, or one person is entitled to have it vested in him, his interest in it,

shall become subject to a charge for an amount not exceeding the amount of the charge to which the interest of the deceased joint tenant was subject by virtue of subsection (5) above.

(7) A charge under this section shall be created by a declaration in writing made by the local authority.

(8) Any such charge, other than a charge on [F34 the interest of an equitable joint tenant in land], shall in the case of unregistered land be a land charge ofClass B within the meaning of section 2 of the M22 Land Charges Act 1972 and in the case of registered land be a registrable charge taking effect as a charge by way of legal mortgage.

Textual Amendments

F27 S. 22(2A) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(2); S.I. 1992/2975, art. 2(3)(a)

F28 S. 22(3) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F29 Words in s. 22(5) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(a)(i) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F30 Words in s. 22(5) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(a)(ii) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F31 Words in s. 22(6) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(b)(i) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F32 Words in s. 22(6) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(b)(ii) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F33 Words in s. 22(6) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(b)(iii) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F34 Words in s. 22(8) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(c) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

Commencement Information

I2 S. 22 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

Marginal Citations

M22 1972 c. 61.

23 Arrears of contributions secured over interest in land in Scotland. E+W+S

(1) Subject to subsection (2) below, where a person (hereinafter referred to as the debtor) who avails himself of Part III accommodation provided by a local authority in Scotland, England or Wales—

(a) fails to pay any sum (hereinafter referred to as the debt) assessed as due to be paid by him for the accommodation; and

(b) M23 has an interest in land in Scotland ([F35 “an interest in land” meaning land or,] as defined in section 9(8) of the Conveyancing and Feudal Reform (Scotland ) Act 1970[F36 , a real right in land]),

the local authority may make in their favour and record in the General Register of Sasines or, as appropriate, register in accordance with the [F37 Land Registration etc. (Scotland) Act 2012] an order (hereinafter referred to as a charging order) over that interest in land in respect of the amount of that debt.

(2) In the case of a debtor who has more than one interest in land a charging order shall be over such one of those interests as the local authority may determine.

[F38 (2A) In determining whether to exercise their power under subsection (1) above and in making any determination under subsection (2) above, the local authority shall comply with any directions given to them by the Secretary of State as to the exercise of those functions.]

(3) On being so recorded or, as the case may be, registered, a charging order over an interest in land shall create a right which shall be deemed to have been granted by the debtor in favour of the local authority over that interest for the purpose of securing any debt due or to become due by him to the local authority in respect of the provision of the Part III accommodation referred to in subsection (1) above, together with interest thereon as specified in section 24 of this Act, and the local authority shall intimate to the debtor in writing that they have made and recorded or registered the order and inform him of its effect.

[F39 (4) Where an interest in land (as defined in subsection (1)(b) above) over which a charging order is made is an interest to which the debtor does not have a completed title, the order shall be as valid as if the debtor had such title.]

(5) Charging orders and the discharge thereof shall be in such form or forms as the Secretary of State may by order prescribe and he may also by order make provision for ascertaining the amount due under the charging order at any time.

(6) The provisions of Part II of the said Act of 1970 shall apply to a charging order under this section as if it were a standard security in a form prescribed in Schedule 2 to that Act to such extent and with such modifications as the Secretary of State may by order prescribe.

(7) The power to make an order under subsections (5) and (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F35 Words in s. 23(1)(b) inserted (S.) (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 9(a)(i) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

F36 Words in s. 23(1)(b) inserted (S.) (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 9(a)(ii) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

F37 Words in s. 23(1) substituted (S.) (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 para. 25 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F38 S. 23(2A) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(2); S.I. 1992/2975, art. 2(3)(a)

F39 S. 23(4) substituted (S.) (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 9(b) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

Commencement Information

I3 S. 23 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

Marginal Citations

M23 1970 c. 35.

24 Interest on sums charged on or secured over interest in land. E+W+S

(1) Any sum charged on or secured over an interest in land under this Part of this Act shall bear interest from the day after that on which the person for whom the local authority provided the accommodation dies.

[F40 (2) The rate of interest shall be such reasonable rate as the Secretary of State may direct or, if no such direction is given, as the local authority may determine.]

Textual Amendments

F40 S. 24(2) substituted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(3); S.I. 1992/2975, art. 2(3)(a)

Commencement Information

I4 s. 24 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

Part VIII U.K. Miscellaneous

F41 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F41 S. 25 repealed (29.11.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)

26 Fees for certificates relating to notifiable diseases and food poisoning. U.K.

[F42 (1) The following section shall be substituted for section 50 of the M24 Health Services and Public Health Act 1968—

50 “ Fees for certificates under section 48.

(1) Subject to any exceptions which he may specify, the Secretary of State may direct that a District Health Authority shall pay to a medical practitioner for each certificate duly sent by him under section 48 of this Act a fee of such amount as the direction may specify.

(2) The Secretary of State may direct that different fees shall be paid under this section in relation to different circumstances.

(3) A direction under this section may make provision in relation to fees payable after a date specified in the direction.

(4) The date may be before or after the date of the direction but may not be before if it would be to the detriment of medical practitioners.

(5) Before giving a direction as to a fee under this section the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners.

(6) For the avoidance of doubt it is hereby declared that the fact that a medical practitioner who gives a certificate under section 48 of this Act holds the office to whose holder the certificate is required to be sent does not disentitle him to payment of the fee (if any) payable for the certificate.”.]

(2) The following section shall be inserted after section 71 of thatAct—

“71A Fees for certificates relating to notifiable diseases and food poisoning.

(1) Subject to any exceptions which he may specify, the Secretary of State may direct that a Health Board shall pay to a medical practitioner a fee of such amount as the direction may specify for each certificate duly sent by him under—

(a) section 3(1) of the Infectious Diseases (Notification) Act 1889 (notifications of infectious diseases);

(b) regulations made under section 1 of the Public Health (Scotland) Act 1945 (power to make regulation with a view to preventing the spread of certain diseases);

(c) section 22(1) of the Food and Drugs (Scotland) Act 1956 (notification of cases of food poisoning).

(2) The Secretary of State may direct that different fees shall be paid under this section in relation to different circumstances.

(3) A direction under this section may make provision in relation to fees payable after a date specified in the direction.

(4) The date may be before or after the date of the direction but may not be before if it would be to the detriment of medical practitioners.

(5) Before giving a direction as to a fee under this section the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners.

(6) For the avoidance of doubt it is hereby declared that the fact that a medical practitioner who gives any such certificate as is referred to in subsection (1) above holds the office to whose holder the certificate is required to be sent does not disentitle him to payment of the fee (if any) payable for the certificate.

(7) This section applies to Scotland only.”.

Textual Amendments

F42 S. 26(1) repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

Marginal Citations

M24 1968 c. 46.

F43 27 Abolition of advisory bodies. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 S. 27 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 2

Part IX E+W+S Supplementary

28 Financial provisions. E+W+S

(1) There shall be defrayed out of money provided byParliament—

(a) any expenses incurred by the Secretary of State for the purposes of the Central Council for Education and Training in Social Work or of Registered Homes Tribunals; and

(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

(2) Any sums repaid to the Secretary of State in pursuance of this Act shall be paid by him into the Consolidated Fund.

29 Minor and consequential amendments. E+W+S

(1) The enactments specified in Part I of Schedule 9 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the foregoing provisions of this Act).

(2) Part II of that Schedule shall have effect in place of the provisions of the M25 Residential Homes Act 1980 relating to meals and recreation for old people.

Marginal Citations

M25 1980 c. 7.

30 Repeals and revocation. E+W+S

(1) The enactments specified in Part I of Schedule 10 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Part of that Schedule.

(2) The instrument specified in Part II of that Schedule is revoked to the extent specified in the third column of that Part.

F44 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 S. 30(3) repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch.7; S.I. 1992/1900, art. 2, Sch. 1 and appendix thereto.

31 Power to repeal or amend local Acts. E+W+S

(1) The Secretary of State may by order—

(a) repeal any provision of a local Act passed before or in the same Session as this Act if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any enactment contained in this Act or of regulations made under any such enactment;

(b) amend any provision of such an Act if it appears to him that the provision requires amendment in consequence of any enactment contained in this Act or of regulations made under any such enactment or of any repeal made by virture of the preceding paragraph;

and an order made in pursuance of this subsection may include such incidental or transitional provisions as the Secretary of State considers are appropriate in connection with the order.

(2) It shall be the duty of the Secretary of State, before he makes an order in pursuance of subsection (1) above amending or repealing any provision of a local Act, to consult each local authority which he considers would be affected by the amendment or repeal of that provision.

(3) The power to make orders conferred by subsection (1) above shall be exercisable by statutory instrument; and any statutory instrument made in the exercise of that power shall be subject to annulment in pursuance of a resolution of either House of Parliament.

32 Commencement. E+W+S

(1) This section and sections 33 and 34 below shall come into force on the day this Act is passed.

(2) Subject to subsection (1) above, the provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.

Subordinate Legislation Made

P1 S. 32(2) power fully exercised; power partly exercised by S.I. 1983/974, 1983/1862, 1984/216, 1984/957, 1984/1347, 1985/704; 12.4.1993 appointed day for remaining provisions by S.I. 1992/2974.

33 Extent. E+W+S

(1) The following provisions of this Act—

(a) section 9 and paragraphs 15 and 16 of Schedule 2;

(b) Part III and Schedule 3;

(c) section 14(1) (except paragraphs (b) and (c)) and paragraph 1 of Schedule 6;

(d) section 25(2) and paragraph 31(6) of Schedule 8;

F45 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

extend to Northern Ireland.

(2) Except where the contrary intention appears, subject to subsection (3) below, where any enactment repealed or amended or instrument revoked by this Act extends to any part of the United Kingdom or to the Channel Islands, the repeal, amendment or revocation extends to that part or those Islands.

(3) Where this Act makes—

(a) an amendment of an enactment contained in an Act which makes special provision for extending or applying enactments contained in it to the Isles of Scilly; or

(b) an addition to such an Act,the provision for extending or applying enactments shall authorise the extension or application of the amended enactment or addition to the Isles.

(4) Subsection (3) above applies to an amended enactment whether or not the enactment was extended or applied to the Isles before it was amended.

(5) Subject to subsections (2) to (4) above, this Act shall, in its application to the Isles, have effect subject to such extensions, adaptations and modifications as the Secretary of State may by order made by statutory instrument prescribe.

(6) Any statutory instrument made in exercise of the power conferred by subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F45 S. 33(1)(e) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 2

34 Short title. E+W+S

This Act may be cited as the Health and Social Services and Social Security Adjudications Act 1983.

SCHEDULES

Section 6.

F46 SCHEDULE 1 U.K. Access to Children in Care—England and Wales

Textual Amendments

F46 Sch. 1 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Part I U.K. ADDITION OF PART IA TO CHILD CARE ACT 1980

F47 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Sch. 1 para. 1 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Part II U.K. Other Amendments

F48 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Sch. 1 para. 2 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

F49 Sch. 1 para. 3 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

[F50 4 S The following subparagraph shall be added at the end of section 103(1)(a) of the M26 Children Act 1975—

“(iv) section 12F of the Child Care Act 1980;”.]

Textual Amendments

F50 Sch. 1 para. 4 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with s. 108(6), Sch. 14 paras.s 1(1), 27(4))); S.I. 1991/828, art. 3(2)

Marginal Citations

M26 1975 c. 72.

Section 9.

SCHEDULE 2 U.K. Miscellaneous Amendments Relating to Children and Young Persons

Adoption Act 1958 (c. 5.) E+W+S

1 E+W+S The repeals—

(a) of section 33 of the Adoption Act 1958 (inspection of books of registered adoption societies) by the M27 Adoption Act1976 and by the M28 Adoption (Scotland) Act 1978; and

(b) of sections 34(4) and (5) and 34A(6A) and (6B) of that Act by the Adoption (Scotland) Act 1978,

are hereby brought into force.

Marginal Citations

M27 1976 c. 36.

M28 1978 c. 28.

[F51 Children Act 1958 (c.65.) E+W+S

Textual Amendments

F51 Sch. 2 para. 2 repealed (S.) by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22(3), Sch. 3

2 E+W+S In section 7 of the Children Act 1958 (removal of foster children kept in unsuitable surroundings) for subsection (4) there shall be substituted the following subsection.

“(4) A local authority may receive into their care under section fifteen of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc), any child removed under this section, whether or not the circumstances of the child are such that they fall within paragraphs (a) to (c) of subsection (1) of the said section 15 and notwithstanding that he may appear to the local authority to be over the age of seventeen.”.]

[F52 Mental Health Act 1959 (c. 72.)] E+W

Textual Amendments

F52 Sch. 2 paras. 3, 9–14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Work (Scotland) Act 1968 (c. 49.) U.K.

[F53 4 E+W+S In subsection (3A) of section 15 of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc.)—

(a) for the words “notwithstanding that no” there shall be substituted the words “whether or not a”; and

(b) for paragraph (b) there shall be substituted the following paragraph—

“(b) by a parent or guardian of the child in relation to whom no resolution under section 16 of this Act is in effect with respect to the child and who has given the local authority not less than 28 days’ notice in writing of his intention to do it.”].

Textual Amendments

F53 Sch. 2 paras. 4-6, 8 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 32, Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

[F54 5 U.K. In section 20 of that Act (duty of local authority to further the best interests of a child in their care)—

(a) in subsection (1), for the words “, the local authority” there shall be substituted the words “or of a voluntary organisation, they”;

(b) in subsection (2), for the words “a local authority” there shall be substituted the word “they”, and after the words “the local authority”, there shall be inserted the words “or voluntary organisation”; and

(c) in subsection (3), after the word “authority”, there shall be inserted the words “or voluntary organisation”, and for the words “section 17(3)” there be substituted the words “sections 17(3), 17(3A)”.]

Textual Amendments

F54 Sch. 2 paras. 4-6, 8 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 32, Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

[F55 6 E+W+S In subsection (2) of section 23 of that Act (power of Secretary of State to consent to emigration of child in care of local authority in certain circumstances) for the words “or relative” there shall be substituted the words “relative or friend”.]

Textual Amendments

F55 Sch. 2 paras. 4-6, 8 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 32, Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

7 U.K. In subsection (1) of section 31 of that Act (restriction on prosecution of children for offences) after the word “child” on each occurrence there shall be inserted the words “under the age of sixteen years”.

[F56 8 E+W+S In section 42 of that Act (application from reporter to sheriff for findings)—

(a) in subsection (6) at the beginning there shall be inserted the words “Subject to subsection (6A) of this section,”;

(b) after subsection (6) there shall be inserted the following subsection—

“(6A) Notwithstanding the provisions of subsection (2)(c) of this section, where, in the course of the proceedings before the sheriff, the child and his parent accept any of the grounds in respect of which the application has been made, the sheriff may dispense with the hearing of evidence relating to that ground unless he is satisfied that in all the circumstances such evidence should be heard, and deem that ground to have been established for the purposes of this section.”; and

(c) in subsection (7) at the end there shall be added the words—

“except that where any of the grounds for the referral are accepted by the child’s parent, whether or not accepted by the child, then, notwithstanding subsection (6A) of this section, the sheriff may dispense with the hearing of evidence relating to that ground if he is satisfied that in all the circumstances it would be reasonable to do so.”]

Textual Amendments

F56 Sch. 2 paras. 4-6, 8 repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 32, Sch. 5 (with Sch. 3 paras. 4, 6); S.I. 1996/3201, art. 3(7) (as substituted (7.3.1997) by S.I. 1997/744, art. 2)

F57 Family Law Reform Act 1969 (c. 46.) U.K.

Textual Amendments

F57 Sch. 2 paras. 3, 9–14, 20 (E.W.)repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F58 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Sch. 2 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991)by Children Act 1989 (c. 41, SIF 20), s. 208(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Children and Young Persons Act 1969 (c. 54.) U.K.

F59 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Sch. 2 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F60 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 Sch. 2 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F61 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Sch. 2 paras. 3, 9-14, 20 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F62 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 Sch. 2 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F63 14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 Sch. 1 paras. 3, 9-14, 20 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

15 U.K. In section 25 of that Act (transfers of children in care between England or Wales and Northern Ireland)—

F64 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 Sch. 2 para. 15(a) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. 1999/297, art. 3

F65 Sch. 2 para. 15(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(u)(x)

F66 16 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Sch. 2 para. 16 repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(u)(x)

17 E+W+S Section 46 of that Act (discontinuance of approved schools etc. on establishment of community homes) and Schedule 3 to that Act (which relates to such schools and to other institutions) shall have effect as if—

(a) any reference to a regional plan approved by the Secretary of State included a reference to a home being designated as a community home under section 31 of the M29 Child Care Act 1980; and

(b) any reference to a planning area included a reference to the area of a local authority.

Marginal Citations

M29 1980 c. 5.

18 E+W+S In section 65(3) of that Act (grants to voluntary organisations etc.) for the words from “such” to “institution” there shall be substituted the words “part of the premises occupied by the institution forms part of a controlled or assisted community home.”.

19 E+W+S In section 73 of that Act (citation, commencement and extent) in subsection (6) (by virtue of which section 32(1) and (4), among other provisions, extend to the Channel Islands) after the words “32(1)” there shall be inserted the word “,(1A)”

F67 Matrimonial Causes Act 1973 (c. 18.) E+W

Textual Amendments

F67 Sch. 2 paras. 3, 9–14, 20 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108((7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F68 20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Sch. 2 paras. 3, 9-14, 20 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F69 Powers of Criminal Courts Act 1973 (c. 62.) E+W

Textual Amendments

F69 Sch. 2 paras. 21–24, 27, 28 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F70 21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Sch. 2 paras. 21-24, 27, 28 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Children Act 1975 (c. 72.) U.K.

[F71 22 S In section 4(1) of the Children Act 1975 (approval of adoption societies) for the word “desiring” there shall be substituted—

(a) in the first place where it occurs, the words “which is a voluntary organisation and desires”; and

(b) in the second place where it occurs, the word “desires”.]

Textual Amendments

F71 Sch. 2 paras. 21-24, 27, 28 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F72 23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 2 paras. 21-24, 27, 28 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F73 24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 Sch. 2 paras. 21-24, 27, 28 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

25 U.K. In section 51 of that Act (restriction on removal of child where applicant has provided home for three years), for the word “custody”—

(a) where it secondly occurs in subsection (1); and

(b) in subsection (2),

there shall be substituted the words “care and possession”.

26 U.K. In section 52 of that Act (return of child taken away in breach of section 51) for the word “custody”, except where it first occurs, there shall be substituted the words “care and possession”.

F74 27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Sch. 2 paras. 21–24, 27, 28 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[F75 28 S In section 103 of that Act (guardians ad litem etc.)—

(a) in subsection (1), for the words “a panel” there shall be substituted the words “one or more panels”; and

(b) the following subsection shall be substituted for subsection (2)—

“(2) Regulations under subsection (1) may provide—

(a) for the defrayment by local authorities of expenses incurred by members of a panel established by virtue of that subsection; and

(b) for the payment by local authorities of fees and allowances for members of such a panel.”]

Textual Amendments

F75 Sch. 2 paras. 21-24, 27, 28 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Adoption Act 1976 (c. 36.) E+W+S

F76 29 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 2 paras. 29-33 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

F76 30 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 2 paras. 29-33 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

F76 31 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 2 paras. 29-33 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

F76 32 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 2 paras. 29-33 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

F76 33 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 2 paras. 29-33 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

F77 34 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Sch. 2 paras. 34, 37, 46–49, Sch. 4 Pt. II paras. 38–43, Sch. 9 paras. 16 and 17 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F78 35 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Sch. 2 para. 35 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

F79 36 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Sch. 2 para. 36 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

F80 37 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Sch. 2 paras. 34, 37, 46–49, 51-59, Sch. 4 Pt. II paras. 38–43, Sch. 9 paras. 16 and 17 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Adoption (Scotland) Act 1978 (c. 28.) E+W+S

F81 38 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 2 paras. 38-45 repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2); and repealed (E.W.S.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F81 39 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 2 paras. 38-45 repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2); and repealed (E.W.S.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F81 40 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 2 paras. 38-45 repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2); and repealed (E.W.S.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F81 41 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 2 paras. 38-45 repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2); and repealed (E.W.S.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F81 42 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 2 paras. 38-45 repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2); and repealed (E.W.S.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F81 43 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 2 paras. 38-45 repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2); and repealed (E.W.S.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F81 44 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 2 paras. 38-45 repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2); and repealed (E.W.S.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F81 45 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 2 paras. 38-45 repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2); and repealed (E.W.S.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3

F82 Child Care Act 1980 (c. 5.) E+W

Textual Amendments

F82 Sch. 2 paras. 34, 37, 46–49, 51-59, Sch. 4 Pt. II paras. 38–43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F83 46 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F84 47 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F85 48 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F86 49 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F87 50 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87 Sch. 2 paras. 50, 60–62, Sch. 4 Pt. II paras. 45–48 and Sch. 9 para. 5 repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F88 51 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Sch. 2 paras. 34, 37, 46–49, 51–59, Sch. 4 Pt. II paras. 38–43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108((7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F89 52 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Sch. 2 paras. 34, 37, 46-49, 51-59. Sch. 4 Pt. II paras. 38-48. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F90 53 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F91 54 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F92 55 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s.108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F93 56 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F94 57 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F94 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F95 58 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F96 59 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F97 Interpretation E+W+S

Textual Amendments

F97 Sch. 2 paras. 50, 60–62, Sch. 4 Pt. II paras. 45–48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[F98 60 S The word “actual” shall be inserted before the word “custody”, wherever it occurs in—

(a) sections 34(1) and (2) and 34A(1) and (2) of the M30 Adoption Act 1958;

(b) sections 30(1) and (2), 41(1) and (2) and 42(1) and (2) of the M31 Children Act 1975; and

(c) sections 27(1) and (2), 28(1) and (2), 29(1) and (2) and 30(1)(a) and (b) of the M32 Adoption Act 1976.]

Textual Amendments

F98 Sch. 2 paras. 50, 60-62, Sch. 4 Pt. II paras. 45-48, Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1991 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Marginal Citations

M30 1958 c. 5 (7 Eliz. 2)

M31 1975 c. 72.

M32 1976 c. 36.

[F99 61 S In section 57(2) of the Adoption Act 1958, for the words “care or possession”, in both places where they occur, there shall be substituted the words “actual custody”.]

Textual Amendments

F99 Sch. 2 paras. 50, 60-62, Sch. 4 Pt. II paras. 45-48, Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F100 62 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100 Sch. 2 paras. 50, 60-62, Sch. 4 Pt. II paras. 45-48. Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F101 F101 SCHEDULE 3 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Sch. 3 repealed (1.4.2002) by The Abolition of the Central Council for Education and Training in Social Work Order 2002 (S.I. 2002/797), art. 2(a)

Section 11.

SCHEDULE 4 U.K. Registered Homes

[F103 Part I E+W+S Residential Care Homes

Textual Amendments

F103 Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

Requirement of registration E+W+S

1 (1) Subject to the following provisions of this paragraph, registration under this Part of this Schedule is required in respect of any establishment which provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons in need of personel care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder. E+W+S

(2) Such an establishment is referred to in this Part of this Schedule as a “residential care home”.

(3) Registration under this Part of this Schedule does not affect any requirement to register under the M33 Nursing Homes Act 1975.

(4) Registration under this Part of this Schedule is not required in respect of an establishment which provides or is intended to provide residential accommodation with both board and personal care for fewer than 4 persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives.

(5) Registration under this Part of this Schedule is not required in respect of any of the following—

(a) any establishment which is used, or is intended to be used, solely as a nursing home or mental nursing home as defined in sections 1 and 2 of the M34 Nursing Homes Act 1975;

(b) any hospital as defined in section 128 of the M35 National Health Service Act 1977 which is maintained in pursuance of an Act of Parliament;

(c) any hospital as defined in section 145(1) of the M36 Mental Health Act 1983;

(d) any voluntary home or community home within the meaning of the M37 Child Care Act 1980;

(e) any children’s home to which the M38 Children’s Homes Act 1982 applies;

(f) subject to subparagraph (6) below, any school, as defined in section 114 of the M39 Education Act 1944;

(g) subject to subparagraph (7) below, any establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b) of the Education Act 1944;

(h) any university or university college or college, school or hall of a university;

(i) any establishment managed or provided by a government department or local authority or by any authority or body constituted by an Act of Parliament or incorporated by Royal Charter.

(6) An independent school within the meaning of the Education Act 1944 is not excluded by subparagraph (5) above if the school provides accommodation for 50 or less children under the age of 18 years and is not for the time being approved by the Secretary of State under section 11(3)(a) of the M40 Education Act 1981.

(7) An establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b) of the Education Act 1944 is only excluded by subparagraph (5) above until the end of the period of 12 months from the date on which the Secretary of State made the payment.

Marginal Citations

M33 1975 c. 37.

M34 1975 c. 37.

M35 1977 c. 49.

M36 1983 c. 20.

M37 1980 c. 5.

M38 1982 c. 20.

M39 1944 c. 31.

M40 1981 c. 60.

General interpretation E+W+S

2 (1) In this Part of this Schedule— E+W+S

• “disablement”, in relation to persons, means that they are blind, deaf or dumb or substantially and permanently handicapped by illness, injury or congenital deformity or any other disability prescribed by the Secretary of State;

• “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind;

• “personal care” means care which includes assistance with bodily functions where such assistance is required;

• “prescribed” means prescribed by regulations under this Part of this Schedule;

• “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned;

• “registered”, except where the context otherwise requires, means registered under this Part of this Schedule and cognate expressions have a corresponding meaning;

• “registration authority”, in relation to a residential care home, means, subject to subparagraph (2) below, any council which for the purposes of the M41 Local Authority Social Services Act 1970 is the local authority for the area in which the home is situated; and

• “standard scale” means the standard scale as defined in section 75 of the M42 Criminal Justice Act 1982.

(2) The Council of the Isles of Scilly is the registration authority in relation to a residential care home in the Isles.

Marginal Citations

M41 1970 c. 42.

M42 1982 c. 48.

Meaning of “relative” E+W+S

3 (1) In this Part of this Schedule E+W+S

• “relative” means any of the following—

(a) husband or wife;

(b) son or daughter;

(c) father or mother;

(d) brother or sister;

(e) grandparent or other ascendant;

(f) grandchild or other descendant;

(g) uncle or aunt;

(h) nephew or niece.

(2) In deducing any relationship for the purposes of subparagraph (1) above—

(a) any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the halfblood as a relationship of the whole blood, and the stepchild of any person as his child, and

(b) an illegitimate person shall be treated as the legitimate child of his mother and reputed father.

(3) In this paragraph “husband” and “wife” include a person who is living with a person carrying on or intending to carry on a residential care home as that person’s husband or wife, as the case may be, and who has been so living for a period of not less than 6 months.

(4) A person, other than a relative, with whom a person carrying on or intending to carry on a residential care home ordinarily resides, and with whom that person has been ordinarily residing for a period of not less than 5 years, shall be treated for the purposes of this Part of this Schedule as if he were a relative.

Penalty for carrying on home without registration E+W+S

4 E+W+S If any person carries on a residential care home without being registered in respect of it, he shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Registration of managers etc. and persons in control E+W+S

5 E+W+S Where the manager or intended manager of a residential care home is not in control of it (whether as owner or otherwise) both the manager or intended manager and the person in control are to be treated as carrying on or intending to carry on the home and accordingly as requiring to be registered.

Optional registration E+W+S

6 (1) A person who— E+W+S

(a) is registered under the M43 Nursing Homes Act 1975 in respect of any premises; and

(b) would be required to be registered in respect of them under this Part of this Schedule but for paragraph 1(4) above,

may apply to be registered under this Part of this Schedule in respect of those premises.

(2) If he does so apply, this Part of this Schedule shall have effect in relation to him as if he required to be registered under this Part of this Schedule in respect of those premises.

Marginal Citations

M43 1975 c. 37.

Registration E+W+S

7 (1) An application for registration shall be made to the registration authority and shall be accompanied by a registration fee of such amount as the Secretary of State may by regulations prescribe. E+W+S

(2) Subject to paragraphs 11, 14 and 15 below, on receipt of an application for registration and of the registration fee the registration authority shall register the applicant in respect of the home named in the application and issue to him a certificate of registration.

(3) It shall be a condition of the registration of any person in respect of a residential care home that the number of persons for whom residential accommodation with both board and personal care is provided in the home at any one time (excluding persons carrying on or employed at the home and their relatives) does not exceed such number as may be specified in the certificate of registration; and the registration may also be subject to such other conditions (to be specified in the certificate) as the registration authority consider appropriate for regulating the age, sex or category of persons who may be received in the home.

(4) The registration authority may from time to time—

(a) vary any condition for the time being in force in respect of a home by virtue of this Part of this Schedule; or

(b) impose an additional condition,

either on the application of a person registered in respect of it or without such an application.

(5) If any condition for the time being in force in respect of a home by virtue of this part of this Schedule is not complied with, any person registered in respect of the home shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

(6) The certificate of registration issued in respect of any home shall be kept affixed in a conspicuous place in the home; and if default is made in complying with this subparagraph, any person registered in respect of the home shall be liable on summary conviction to a fine of an amount notexceeding level 2 on the standard scale and to a further fine not exceeding£5 for each day on which the offence continues after conviction.

Death of only person registered in respect of home E+W+S

8 E+W+S Where—

(a) one person only is registered in respect of a residential care home; and

(b) that person dies,

his personal representatives or his widow or any other relative of his mayfor a period not exceeding 4 weeks from his death, or such longer period as the registration authority may sanction, carry on the home without being registered in respect of it.

Inspection of registers E+W+S

9 E+W+S The registers kept by a registration authority for the purpose of this Part of this Schedule shall be available for inspection at all reasonable times, and any person inspecting any such register shall be entitled to make copies of entries in the register on payment of such reasonable fee as the registration authority may determine.

Annual fee for registration E+W+S

10 E+W+S The Secretary of State may by regulations—

(a) require persons registered in respect of residential care homes to payan annual fee of such amount as the regulations may specify; and

(b) Specify when the fee is to be paid.

Refusal of registration E+W+S

11 E+W+S The registration authority may refuse to register an applicant for registration in respect of a residential care home if they are satisfied—

(a) that he or any other person concerned or intended to be concerned in carrying on the home is not a fit person to be concerned in carrying on a residential care home;

(b) that for reasons, connected with their situation, construction, state of repair, accommodation, staffing or equipment, the premises used orintended to be used for the purposes of the home, or any other premises used or intended to be used in connection with it, are not fit to be so used; or

(c) that the way in which it is intended to carry on the home is such as not to provide services or facilities reasonably required.

Cancellation of registration E+W+S

12 E+W+S The registration authority may cancel the registration of a person in respect of a residential care home—

(a) on any ground which would entitle them to refuse an application for his registration in respect of it;

(b) on the ground that the annual fee in respect of the home has not been paid on or before the due date; or

(c) on the ground—

(i) that he has been convicted of an offence under this Part of this Schedule or any regulations made under it in respect of that or any other residential care home;

(ii) that any other person has been convicted of such an offence in respect of that home; or

(iii) that any condition for the time being in force in respect of the home by virtue of this Part of this Schedule has not been complied with.

Urgent procedure for cancellation of registration etc. E+W+S

13 (1) If— E+W+S

(a) the registration authority apply to a justice of the peace for an order—

(i) cancelling the registration of a person in respect of a residential care home;

(ii) varying any condition for the time being in force in respect of a home by virtue of this Part of this Schedule; or

(iii) imposing an additional condition; and

(b) it appears to the justice of the peace that there will be a serious risk to the life, health or wellbeing of the residents in the home unless the order is made,

he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made.

(2) An application under subparagraph (1) above may be made ex parte and shall be supported by a written statement of the registration authority’s reasons for making the application.

(3) An order under subparagraph (1) above shall be in writing.

(4) Where such an order is made, the registration authority shall serve on any person registered in respect of the home, as soon as is practicable after the making of the order,—

(a) notice of the making of the order and of its terms; and

(b) a copy of the statement of the authority’s reasons which supportedtheir application for the order.

Procedure—general E+W+S

14 (1) Subject to subparagraph (2) below, where— E+W+S

(a) a person applies for registration; and

(b) the registration authority propose to grant his application

the authority shall give him written notice of their proposal and of the conditions subject to which they propose to grant his application.

(2) The registration authority need not give notice of such a proposal if they propose to grant the application subject only to conditions which—

(a) the applicant specified in the application; or

(b) the authority and the applicant have subsequently agreed.

(3) The registration authority shall give an applicant notice of a proposal to refuse his application.

(4) Except where they make an application under paragraph 13 above, the registration authority shall give any person registered in respect of a residential care home notice of a proposal—

(a) to cancel the registration;

(b) to vary any condition for the time being in force in respect of the home by virtue of this Part of this Schedule; or

(c) to impose any additional condition.

(5) A notice under this paragraph shall give the registration authority’s reasons for their proposal.

Right to make representations E+W+S

15 (1) A notice under paragraph 14 above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the registration authority to give him an opportunity to make representations to them concerning the matter. E+W+S

(2) Where a notice has been served under paragraph 14 above, the registration authority shall not determine the matter until either—

(a) any person on whom the notice was served has made representations concerning the matter; or

(b) the period during which any such person could have required them to give him an opportunity to make representations has elapsed without their being required to give such an opportunity; or

(c) the conditions specified in subparagraph (3) below are satisfied.

(3) The conditions mentioned in subparagraph (2) above are—

(a) that a person on whom the notice was served has required the registration authority to give him an opportunity to make representations to them concerning the matter;

(b) that the registration authority have allowed him a reasonable period to make his representations; and

(c) that he has failed to make them within that period.

(4) Representations may be made, at the option of the person making them, either in writing or orally.

(5) If he informs the registration authority that he desires to make oral representations, they shall give him an opportunity of appearing before and of being heard by a committee or subcommittee of the registration authority.

16 (1) If the registration authority decide to adopt the proposal, they shall serve notice in writing of their decision on any person on whom they were required to serve notice of their proposal. E+W+S

(2) A notice under this paragraph shall be accompanied by a note explaining the right of appeal conferred by paragraph 17 below.

(3) A decision of a registration authority, other than a decision to grant an application for registration subject only to such conditions as are mentioned in paragraph 14(2) above or to refuse an application for registration, shall not take effect—

(a) if no appeal is brought, until the expiration of the period of 28 days referred to in paragraph 17(3) below; and

(b) if an appeal is brought, until it is determined or abandoned.

Appeals E+W+S

17 (1) An appeal against— E+W+S

(a) a decision of a registration authority; or

(b) an order made by a justice of the peace under paragraph 13 above.

shall lie to a Registered Homes Tribunal.

(2) An appeal shall be brought by notice in writing given to the registration authority.

(3) No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.

(4) On an appeal against a decision of a registration authority the Tribunal may confirm the decision or direct that it shall not have effect.

(5) On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.

(6) A Tribunal shall also have power on an appeal against a decision or order—

(a) to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Part of this Schedule;

(b) to direct that any such condition shall cease to have effect; or

(c) to direct that any such condition as it thinks fit shall have effect in respect of the home.

(7) A registration authority shall comply with any direction given by a Tribunal under this paragraph.

Service of documents E+W+S

18 (1) Any notice or other document required under this Part of this Schedule to be served on a person carrying on, or intending to carry on, a residential care home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service. E+W+S

(2) For the purposes of section 7 of the M44 Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a residential care home enclosing a notice or other document under this Part of this Schedule shall be deemed to be properly addressed if it is addressed to him at the home.

(3) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm and in any other case shall the the last known address of the person to be served.

Marginal Citations

M44 1978 c. 30.

Conduct of residential care homes E+W+S

19 (1) The Secretary of State may make regulations as to the conduct of residential care homes, and in particular— E+W+S

(a) as to the facilities and services to be provided in such homes;

(b) as to the numbers and qualifications of staff to be employed in such homes;

(c) as to the numbers of suitably qualified and competent staff to be on duty in such homes;

(d) as to the records to be kept and notices to be given in respect of persons received into such homes;

(e) as to the notification of events occurring in such homes;

(f) as to the giving of notice by a person of a description specified in the regulations of periods during which any person of a description so specified proposes to be absent from a home;

(g) as to the information to be supplied in such a notice;

(h) making provision for children under the age of 18 years who are resident in such homes to receive a religious upbringing appropriate to the religious persuasion to which they belong;

(j) as to the form of registers to be kept by registration authorities for the purposes of this Part of this Schedule and the particulars to be contained in them; and

(k) as to the information to be supplied on an application for registration.

(2) Regulations under this paragraph may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence against the regulations; and any person guilty of an offence against the regulations shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

Inspection of homes E+W+S

20 (1) Any person authorised in that behalf by the Secretary of State may at all times enter and inspect any premises which are used, or which that person has reasonable cause to believe to be used for the purposes of a residential care home. E+W+S

(2) Any person authorised in that behalf by a registration authority may at all times enter and inspect any premises in the area of the authority which are used, or which that person has reasonable cause to believe to be used, for those purposes.

(3) The powers of inspection conferred by subparagraphs (1) and (2) above shall include power to inspect any records required to be kept in accordance with regulations under this Schedule.

(4) The Secretary of State may by regulations require that residential care homes shall be inspected on such occasions or at such intervals as the regulations may prescribe.

(5) A person who proposes to exercise any power of entry or inspection conferred by this paragraph shall if so required produce some duly authenticated document showing his authority to exercise the power.

(6) Any person who obstructs the exercise of any such power shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

Prosecutions etc. E+W+S

21 E+W+S Where an offence under this Part of this Schedule or any regulations under it committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

22 (1) In any proceedings for an offence under this Part of this Schedule, subject to subparagraph (2) below, it shall be a defence for the person charged to prove— E+W+S

(a) that the commission of the offence was due to a mistake or to reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

(8) If in any such case the defence provided by subparagraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

Regulations E+W+S

23 (1) Any power of the Secretary of State to make regulations under this Part of this Schedule shall be exercisable by statutory instrument; and any statutory instrument containing regulations under this Part of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament. E+W+S

(2) Any such power may be exercised—

(a) either in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b) so as to make, as respects the cases in relation to which the power is exercised—

(i) the same provision for all cases in relation to which it is exercised, or different provision for different cases or different classes of case or different provision as respects the same class or classes of case for different purposes;

(ii) any such provision either unconditionally or subject to any specified condition;

and includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.]

Part II U.K. Amendments of Acts Relating to Registered Homes

[F104 Nursing Homes Act 1975 E+W+S

Textual Amendments

F104 Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

24 E+W+S In section 1 of the M45 Nursing Homes Act 1975—

(a) the following subparagraph shall be added at the end of paragraph (c) of subsection (1)—

“(v) treatment by specially controlled techniques.”;

(b) the following subsection shall be added after that subsection—

“(1A) In subsection (1) above “specially controlled techniques” means techniques specified under subsection (3) below as subject to control for the purposes of this Act.”;

(a) at the end of paragraph (e) of subsection (2) there shall be added (but not as part of subparagraph (iii), the words “unless they are used or intended to be used for the provision of treatment by specially controlled techniques and are not excepted by regulations under paragraph (g) below”; and

(b) the following subsections shall be added after that subsection—

“(3) The Secretary of State may by regulations specify as subject to control for the purposes of this Act any technique of medicine or surgery (including cosmetic surgery) as to which he is satisfied that its use may create a hazard for persons treated by means of it or for the staff of any premises where the technique is used.

(4) Without prejudice to the generality of section 19 below regulations under subsection (3) may define a technique by reference to any criteria which the Secretary of State considers appropriate.

(5) In this section “treatment” includes diagnosis and “treated” shall be construed accordingly.”.

Marginal Citations

M45 1975 c. 37.

25 E+W+S The following subsection shall be inserted after subsection (1) of section 3 of that Act—

“(1A) Registration under this Act does not affect any requirement to register under Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983 (registration of residential care homes).”.

26 E+W+S The following section shall be inserted after that section—

3A “ Prohibition of holding out premises as nursing home, maternity home or mental nursing home.

(1) A person who, with intent to deceive any person,—

(a) applies any name to premises in England or Wales; or

(b) in any way so describes such premises or holds such premises out,

as to indicate, or reasonably be understood to indicate, that the premises are a nursing home or maternity home, shall be guilty of an offence, unless registration has been effected under this Act in respect of the premises as such a home.

(2) A person who, with intent to deceive any person,—

(a) applies any name to premises in England or Wales; or

(b) in any way so describes such premises or holds such premises out,

as to indicate, or reasonably be understood to indicate, that the premises are a mental nursing home, shall be guilty of an offence, unless registration has been effected under this Act in respect of the premises as such a home.”.

27 E+W+S The following paragraphs shall be inserted after section 5(1)(a) of that Act—

“(aa) make provision as to the giving of notice by a person registered in respect of such a home of periods during which he or, if he is not in charge of the home, the person who is in charge of it, proposes to be absent from the home;

(ab) specify the information to be supplied in such a notice;

(ac) provide for the making of adequate arrangements for the running of such a home during a period when the person in charge of it is absent from it;”.

28 E+W+S The following paragraphs shall be inserted after section 6(c) of that Act—

“(ca) requiring persons registered under this Act to pay an annual fee of such amount as the regulations may specify;

(cb) specifying when the fee is to be paid;”.

29 E+W+S In paragraph (c) of section 7 of that Act for the words “imposed by section 8(1) and (2) below” there shall be substituted the words “for the time being in force in respect of the home by virtue of this Act”.

30 E+W+S The following paragraph shall be inserted after paragraph (d) of that section—

“(e) on the ground that the annual fee in respect of the home has not been paid on or before the due date.”.

31 (1) The following subsection shall be substituted for subsection (2A) of section 8 of that Act— E+W+S

“(2A) The Secretary of State may make regulations—

(a) as to the variation of any condition for the time being in force in respect of a nursing home or mental nursing home by virtue of this Act; and

(b) as to the imposition of additional conditions.”.

(2) In subsection (3) of that section, for the words “imposed by or under subsection (1) or (2) above” there shall be substituted the words “for the time being in force in respect of a home by virtue of this Act”.

32 E+W+S The following sections shall be inserted after that section—

8A “ Urgent procedure for cancellation of registration etc.

(1) If—

(a) the Secretary of State applies to a justice of the peace for an order––

(i) cancelling the registration of a person in respect of a nursing home or mental nursing home;

(ii) varying any condition for the time being in force in respect of a home by virtue of this Act; or

(iii) imposing an additional condition; and

(b) it appears to the justice of the peace that there will be a serious risk to the life, health or wellbeing of the patients in the home unless the order is made.

he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made.

(2) An application under subsection (1) above may be made ex parte and shall be supported by a written statement of the Secretary of State’s reasons for making the application.

(3) An order under subsection (1) above shall be in writing.

(4) Where such an order is made, the Secretary of State shall serve on any person registered in respect of the home, as soon as practicable after the making of the order,—

(a) notice of the making of the order and of its terms; and

(b) a copy of the statement of the Secretary of State’s reasons which supported his application for the order.

8B Ordinary procedure.

(1) Where—

(a) a person applies for registration in respect of a nursing home or mental nursing home; and

(b) the Secretary of State proposes to grant his application,

the Secretary of State shall give him written notice of his proposal and of the conditions subject to which he proposes to grant his application.

(2) The Secretary of State shall give an applicant notice of a proposal to refuse his application.

(3) Except where he makes an application under section 8A above, the Secretary of State shall give any person registered in respect of a nursing home or mental nursing home notice of a proposal—

(a) to cancel the registration;

(b) to vary any condition for the time being in force in respect of the home by virtue of this Act; or

(c) to impose any additional condition.

(4) A notice under this section shall give the Secretary of State’s reasons for his proposal.

8C Right to make representations.

(1) A notice under section 8B above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the Secretary of State to give him an opportunity to make representations to him concerning any matter which that person wishes to dispute.

(2) Where a notice has been served under section 8B above, the Secretary of State shall not determine any matter in dispute until either—

(a) any person on whom the notice was served has made representations to him concerning the matter; or

(b) the period during which any such person could have required the Secretary of State to give him an opportunity to make representations has elapsed without the Secretary of State being required to give such an opportunity; or

(c) the conditions specified in subsection (3) below are satisfied.

(3) The conditions mentioned in subsection (2) above are—

(a) that a person on whom the notice was served has required the Secretary of State to give him an opportunity to make representations to him concerning the matter;

(b) that the Secretary of State has allowed him a reasonable period to make his representations; and

(c) that he has failed to make them within that period.

(4) the representations may be made, at the option of the person making them, either in writing or orally.

(5) If he informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give him an opportunity of appearing before and of being heard by a person appointed by the Secretary of State.

8D Decision of Secretary of State.

(1) If the Secretary of State decides to adopt the proposal, he shall serve notice in writing of his decision on any person on whom he was required to serve notice of the proposal.

(2) A notice under this section shall be accompanied by a note explaining the right of appeal conferred by section 8E below.

(3) A decision of the Secretary of State, other than a decision to grant an application for registration subject only to conditions agreed between the applicant and the Secretary of State or to refuse an application for registration, shall not take effect—

(a) if no appeal is brought, until the expiration of the period of 28 days referred to in section 8E(3) below; and

(b) if an appeal is brought, until it is determined or abandoned.

8E Appeals.

(1) An appeal against—

(a) a decision of the Secretary of State under this Act; or

(b) an order made by a justice of the peace under section 8A above,

shall lie to a Registered Homes Tribunal.

(2) An appeal shall be brought by notice in writing given to the Secretary of State.

(3) No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.

(4) On an appeal against a decision of the Secretary of State the Tribunal may confirm the decision or direct that it shall not have effect.

(5) On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.

(6) A Tribunal shall also have power on an appeal against a decision or order—

(a) to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Act;

(b) to direct that any such condition shall cease to have effect; or

(c) to direct that any such condition as it thinks fit shall have effect in respect of the home.

(7) The Secretary of State shall comply with any directions of a Tribunal given under this section.”.

33 E+W+S The following section shall be inserted after section 10 of that Act—

10A “ Service of documents.

(1) Any notice or other document required under this Act to be served on a person carrying on, or intending to carry on, a nursing home or mental nursing home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service.

(2) For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a nursing home or mental nursing home enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the home.

(3) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.”.

34 (1) The following paragraph shall be substituted for subsection (1)(a) of section 13 of that Act (fines for failure to affix certificate of registration)— E+W+S

“(a) to a fine of an amount not exceeding level 2 on the standard scale as defined in section 75 of the Criminal Justice Act 1982; and”.

(2) “£5” shall be substituted for “£2” in subsection (1)(b).

35 E+W+S The following section shall be inserted after that section—

13A “ Contravention of section 3A.

A person guilty of an offence under section 3A above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale as defined in section 75 of the Criminal Justice Act 1982.”.

36 E+W+S The following section shall be substituted for section 17 of that Act—

17 “ Bodies corporate and their officers.

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”.

37 E+W+S In section 23(2) of that Act for the words “the provisions of this Act relating to mental nursing homes” there shall be substituted the words “this Act”.]

F105 Child Care Act 1980 U.K.

Textual Amendments

F105 Sch. 2 paras. 34, 37, 46–49, 51–59, Sch. 4 Pt. II paras. 38–43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch.14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F106 38 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106 Sch. 2 paras. 34, 37, 46-49, 51-59 Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F107 39 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.)( (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 para. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F108 40 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F109 41 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Sch. 2 paras. 34, 37, 46-49, 51-59 Sch. 4, Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F110 42 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43. Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 2), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F111 43 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Children’s Homes Act 1982 U.K.

F112 44 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112 Sch. 4 para. 44 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3 and expressed to be repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F113 45 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113 Sch. 2 paras. 50, 60–62, Sch. 4 Pt. II paras. 45–48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F114 46 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Sch. 2 paras. 50, 60-62, Sch. 4 Pt. II paras. 45-48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108)(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F115 47 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 Sch. 2 paras. 50, 60-62, Sch. 4 Pt. II paras. 45-48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F116 48 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116 Sch. 2 paras. 50, 60-62, Sch. 4 Pt. II paras. 45-48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Part III E+W+S [F117 Registered Homes Tribunals

Textual Amendments

F117 Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

Premiminary E+W+S

49 E+W+S The following are relevant enactments for the purposes of this Part of this Schedule—

(a) the M46 Nursing Homes Act 1975;

(b) the M47 Child Care Act 1980;

(c) the M48 Children’s Homes Act 1982; and

(d) Part I of this Schedule.

Marginal Citations

M46 1975 c. 37.

M47 1980 c. 5.

M48 1982 c. 20.

Constitution of panels for chairmen and members E+W+S

50 (1) For the purpose of enabling a tribunal to hear an appeal under a relevant enactment to be constituted as occasion may require there shall be— E+W+S

(a) a panel appointed by the Lord Chancellor (in this Part of this Schedule referred to as “the legal panel”) of persons available to act as chairmen of any such tribunals; and

(b) a panel appointed by the Lord President of the Council (in this Part of this Schedule referred to as “the panel of experts”) of persons available to act as members.

(2) Tribunals constituted under this Part of this Schedule are to be known as Registered Homes Tribunals.

(3) No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable.

(4) No person shall be qualified to be appointed to the panel of experts unless he has had experience in social work, medicine, nursing or midwifery or such other experience as the Lord President of the Council considers suitable.

(5) No officer of a government department may be apointed to either panel.

(6) A person appointed to a panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the person appointing him.

Constitution of Tribunals—general E+W+S

51 (1) A Registered Homes Tribunal shall consist of a chairman and two other members. E+W+S

(2) The chairman shall be a member of the legal panel appointed to the tribunal by the Lord Chancellor.

(3) The other two members shall be members of the panel of experts appointed to the tribunal by the Lord President of the Council.

Tribunals for appeals relating to nursing homes (includingmaternity homes) and mental nursing homes E+W+S

52 (1) A Registered Homes Tribunal to hear an appeal relating solely to registration under the M49 Nursing Homes Act 1975 shall include a registered medical practitioner. E+W+S

(2) Such a tribunal shall also include—

(a) if the appeal relates to registration of a maternity home, a qualified midwife; and

(b) in any other case, a qualified nurse.

(3) A tribunal which is constituted to hear both an appeal relating to registration under the Nursing Homes Act 1975 and an appeal relating toregistration under Part I of this Schedule shall include a person selected in accordance with supparagraph (2) above.

(4) In this Part of this Schedule—

• “nursing home” and “maternity home” have the meanings assigned to them by section 1 of the M50 Nursing Homes Act 1975;

• “mental nursing home” has the meaning assigned to it by section 2 of that Act;

• “qualified midwife” means a person who is for the time being certified under the M51 Midwives Act 1951 or registered under the M52 Nurses, Midwives and Health Visitors Act 1979; and

• “qualified nurse” means—

(a) a person who is for the time being registered under section 2(1) ofthe M53 Nurses Act 1957; or

(b) a person who—

(i) is for the time being registered under the Nurses, Midwives and Health Visitors Act 1979; and

(ii) would have been qualified to be registered under section 2(1) of the Nurses Act 1957.

Marginal Citations

M49 1975 c. 37.

M50 1975 c. 37.

M51 1951 c. 53.

M52 1979 c. 36.

M53 1957 c. 15.

Procedure of tribunals E+W+S

53 (1) The Secretary of State may by statutory instrument make rules as to the practice and procedure to be followed with respect to theconstitution of Registered Homes Tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings ; and without prejudice to the generality of this paragraph such rules may make provision— E+W+S

(a) requiring particulars to be supplied of matters relevant to thedetermination of an appeal;

(b) enabling two or more appeals to be heard together; and

(c) as to representation before a tribunal, by counsel or a solicitor or otherwise.

(2) Rules under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54 E+W+S The M54 Arbitration Act 1950 shall not apply to any proceedings before Registered Homes Tribunals except so far as any provision of that Act may be applied to such tribunals with or without modifications by rules made under paragraph 53 above.

Marginal Citations

M54 1950 c. 27.

Staff for tribunals E+W+S

55 E+W+S The Secretary of State shall assign such staff as may from time to time be required for Registered Homes Tribunals.

Fees, allowances and expenses E+W+S

56 E+W+S The Secretary of State may—

(a) pay to members of Registered Homes Tribunals such fees and allowances as he may, with the consent of the Treasury, determine; and

(b) defray the expenses of such tribunals up to such amount as he may with the like consent determine.]

Section 12.

SCHEDULE 5 E+W+S Amendments of National Health Service Act 1977

F118 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Sch. 5 para. 1 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

F119 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119 Sch. 5 para. 2 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

3 E+W+S In section 98 (accounts and audit)—

F120 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (4)(a), for the words “those Authorities, special authorities and special trustees” there shall be substituted the words “the bodies mentioned in subsection (1) above, other than the Dental Estimates Board”.

Textual Amendments

F120 Sch. 5 para. 3(a) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)

Section 14.

SCHEDULE 6 U.K. Medical Practitioners etc.

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

Textual Amendments

F121 Sch. 6 para. 1 repealed by Medical Act 1983 (c. 54, SIF 83:1), s. 56(2), Sch. 7 Pt. I (with s. 54)

Arrangements for provision of general medical services in England and Wales E+W+S

F122 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122 Sch. 6 para. 2 repealed (1.4.2004 except for W., 1.4.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(e) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(e) (as amended by S.I. 2004/1019 and S.I. 2006/345)

Control of remuneration and conditions of service of health service officers E+W+S

F123 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 Sch. 6 para. 3 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Provisions relating to Preserved Boards of Governors E+W+S

F124 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124 Sch. 6 para. 4 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)

Section 14.

SCHEDULE 7 E+W+S Amendment of National Health Service (Scotland) Act 1978

Delegation of functions to Health Boards E+W+S

1 E+W+S In section 2 of the M55 National Health Service (Scotland) Act 1978 (constituting of Health Boards) in subsection (1), for the words from “functions” to “determine” where it secondly occurs substitute “such of his functions under this Act as he may so determine,”.

Marginal Citations

M55 1978 c. 29.

Arrangements for provision of general medical services in Scotland E+W+S

2 E+W+S In section 19 (arrangements and regulations for general medical services) of that Act—

(a) at the end of subsection (2) insert—

“(f) for the making of arrangements for the temporary provision of general medical services in an area;

(g) for the circumstances in which a name added to the list by virtue of subsection (5) below may be removed from it.”.

(b) after subsection (4) insert—

“(5) The persons with whom arrangements for the temporary provision of general medical services in an area may be made by virtue of regulations under subsection (2) include medical practitioners who are not on the list of medical practitioners providing such services in the area, and the power to prepare and publish lists of medical practitioners conferred by paragraph (a) of that subsection accordingly includes power to add the names of medical practitioners with whom such arrangements are made to the lists.

(6) Regulations may provide that this Act and any regulations made under it shall apply in relation—

(a) to the making of arrangements for the temporary provision of general medical services; and

(b) to the provision of general medical services in pursuance of any such arrangements,

subject to such modifications as may be specified in the regulations.

(7) Where the registration of a medical practitioner in the register of medical practitioners is suspended—

(a) by a direction of the Health Committee of the General Medical Council under section 8(1) or (2) of the Medical Act 1978 (unfitness to practise by reason of physical or mental condition);

(b) by an Order of that Committee under section 9(1) of that Act (order for immediate suspension); or

(c) by an interim order of the preliminary Proceedings Committee of the Council under section 13(3)(b) of that Act.

the suspension shall not terminate any arrangements made with him for the provision of general medical services; but he shall not provide such services in person during that period of suspension.”.

Disposal of land E+W+S

3 E+W+S In section 79 of that Act (purchase of land and moveable property) after subsection (1) insert—

“(1A) Without prejudice to any other power of disposal, the Secretary of State may dispose of any land which he considers is no longer required for the purposes of any service under this Act and where he has delegated any of his functions with regard to the acquisition, management or disposal of land to a Health Board or to the Agency, any instrument in connection with the exercise of those functions shall be deemed to be validly executed by him if it is executed on his behalf by any officer of the Health Board or the Agency authorised by him for the purpose; and any instrument so executed shall, for the purposes of section 1(8) and (9) of the Reorganisation of Offices (Scotland) Act 1939, be deemed to have been executed by an officer of the Secretary of State duly authorised by him.”.

Control of remuneration and conditions of service of employees E+W+S

4 (1) The following paragraph shall be added after paragraph 5 of Schedule 1 to that Act— E+W+S

“5A Regulations or directions under paragraph 5 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.”.

(2) The following paragraph shall be added after paragraph 7 of Schedule 5 to that Act—

“7A Regulations or directions under paragraph 7 may provide for approvals, authorisations or determinations to have effect from a date (which may be before or after the date of giving or making them but may not be before if to the detriment of such officers and servants) specified in them.”.

Section 25.

F125 SCHEDULE 8 U.K. Social Security Adjudications

Textual Amendments

F125 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s.118(1)(2)(4))) and Sch. 8 expressed to be repealed (29.11.1999) by 1998 c. 14, s . 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)

Part I E+W+S General

1 F126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Part II U.K. Amendments of Social Security Act 1975

F127 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F128 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F129 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F130 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F131 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F132 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F133 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F133 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F134 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F135 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F135 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F136 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F137 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F138 13 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

Parts III and IV E+W+S

14—17. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

Textual Amendments

F139 Sch. 8 Pts. III, IV, Pt. V para. 18, Pt. VII para. 31(3) and Sch. 9 para. 20 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

Part V U.K. Miscellaneous Amendments

18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

Textual Amendments

F140 Sch. 8 Pts. III, IV, Pt. V para. 18, Pt. VII para. 31(3) and Sch. 9 para. 20 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

Social Security and Housing Benefits Act 1982 (c. 24) U.K.

F141 19 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F142 20 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

Part VI U.K. Medical Boards

Amendments of Social Security Act 1975 U.K.

F143 21 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F144 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F145 23 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F146 24 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F146 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F147 25 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F147 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1(subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F148 26 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F148 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F149 27 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F149 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

F150 28 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F150 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

Supplementary E+W+S

29 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F151 30 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

Part VII U.K. Supplementary

F152 31 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152 Sch. 8 (except paras. 1(3)(a) and 29) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3, 7(2), Sch. 1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

Section 29.

SCHEDULE 9 U.K. Minor and Consequential Amendments

Part I U.K. Miscellaneous Amendments

[F153 Public Health Act 1936 (c. 49) E+W+S

Textual Amendments

F153 Sch. 9 para. 1 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

1 E+W+S So much of subsections (3) and (4) of section 143 of the Public Health Act 1936 (regulations for prevention and treatment of infectious disease etc.) as relates to the enforcement and execution of regulations under that section by officers and men employed in the coastguard shall cease to have effect.]

Public Health (Scotland) Act 1945 (c. 15) E+W+S

2 (1) In subsections (3) and (4) of section 1 of the Public Health (Scotland) Act 1945 (regulations for prevention and treatment of infectious diseases etc.) the words “and officers and men employed in the coastguard” shall be omitted wherever they occur. E+W+S

(2) In the proviso to subsection (3) of that section, for the words “officer, or person” there shall be substituted the words “or officer”.

(3) In section (4) of that section after the word “Board” there shall be inserted the word “or”.

National Assistance Act 1948 (c. 29) E+W+S

3 E+W+S The following section shall be inserted after section 30 of the National Assistance Act 1948—

“30A Research.

Without prejudice to any powers conferred on them by any other Act,—

(a) the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and

(b) a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.”.

[F154 4 E+W+S In section 41(2)(a) of the National Assistance Act 1948 (registration of charities for disabled persons) for the words “the Residential Homes Act 1980” there shall be substituted the words “Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]

Textual Amendments

F154 Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

F155 Nurseries and Child-Minders Regulation Act 1948 (c. 53) U.K.

Textual Amendments

F155 Sch. 2 paras. 50, 60–62, Sch. 4 Pt. II paras. 45–48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4); S.I. 1991/828, art. 3(2)

[F156 5 S In subsection (3) of section 3 of the Nurseries and Child-Minders Regulation Act 1948 (by virtue of which a local social services authority are required to issue a copy of a certificate under that section which has been lost or destroyed on payment of a fee not exceeding 25p) for the words from “fee” to “authority”, in the third place where it occurs, there shall be substituted the words “reasonable fee as they”.]

Textual Amendments

F156 Sch. 2 paras. 50, 60-62, Sch. 4 Pt. II paras. 45-48 and Sch. 9 para. 5 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I 1991/828, art. 3(2)

[F157 Mental Health Act 1959 (c. 72) E+W+S

Textual Amendments

F157 Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

6 E+W+S In section 128(1)(b) of the Mental Health Act 1959 (sexual intercourse with patients) for the words from “home” to the end of the subsection there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]

Public Bodies (Admission to Meetings) Act 1960 (c. 67) U.K.

F158 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F158 Sch. 9 Pt. I para. 7 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)

Social Work (Scotland) Act 1968 (c. 49) E+W+S

8 E+W+S In section 10 of the Social Work (Scotland) Act 1968 (financial assistance to voluntary organisations), in subsection (5)—

(a) the word “section” shall be substituted for the words “sections 64 and”; and

(b) after the word “1968” there shall be inserted the words “and section 16B of the National Health Service (Scotland) Act 1978”.

[F159 Local Authority Social Services Act 1970 (c. 7) E+W+S

Textual Amendments

F159 Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

9 E+W+S At the end of Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority), there shall be inserted the following entry—

“Registration of residential care homes.”.]

Tribunals and Inquiries Act 1971 (c. 62) E+W+S

F160 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Sch. 9 Pt. I para. 10 repealed (1.10.1992) by Tribunals And Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I.

F161 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161 Sch. 9 Pt. I para. 11 repealed (1.10.1992) by Tribunals And Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I.

[F162 12 E+W+S The following paragraph shall be substituted for paragraph 4 of Schedule 1 to that Act—

“ Registration of voluntary homes under Child Care Act 1980 and children’s homes under Children’s Homes Act 1982.

4 Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.]

Textual Amendments

F162 Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

13 E+W+S The following paragraph shall be inserted after paragraph 21 of that Schedule—

“ Nursing Homes and Mental Nursing Homes Registration.

21A Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.

14 E+W+S The following paragraph shall be inserted after paragraph 28 of that Schedule—

“ Residential Care Homes Registration

28A Registered Homes Tribunals constituted under Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983.”.

F163 15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F163 Sch. 9 Pt. I para. 15 repealed (1.10.1992) by Tribunals And Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I

F164 Local Government Act 1972 (c. 70) E+W

Textual Amendments

F164 Sch. 2 paras. 34, 37, 46–49, 51–59, Sch. 4 Pt. II paras. 38–43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F165 16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F165 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 Pt. II paras. 38-43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Guardianship Act 1973 (c. 29) E+W

F166 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F166 Sch. 2 paras. 34, 37, 46-49, 51-59, Sch. 4 pt. II paras. 38-43, Sch. 9 paras. 16 and 17 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108)(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

House of Commons Disqualification Act 1975 (c. 24) E+W+S

18 E+W+S In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted in the appropriate place in alphabetical order—

“A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971 of persons to act as Chairmen of Social Security Appeal Tribunals and Medical Appeal Tribunals.

The President of Social Security Appeal Tribunals and Medical Appeal Tribunals.

A regional or other fulltime Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals.”.

Adoption Act 1976 (c. 36) E+W+S

F167 19 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167 Sch. 9 para. 19 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2005/2897, art. 2(b)

20 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168

Textual Amendments

F168 Sch. 8 Pts. III, IV, Pt. V para. 18, Pt. VII para. 31(3) and Sch. 9 para. 20 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

National Health Service Act 1977 (c. 49) E+W+S

F169 21 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F169 Sch. 9 para. 21 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

F170 22 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F170 Sch. 9 para. 22 repealed (E.W.) (1.3.2007 immediately before the National Health Service Act 2006 comes into force) by The National Health Service (Pre-consolidation Amendments) Order 2006 (S.I. 2006/1407), art. 1(1), Sch. 2 (with art. 4)

F171 23 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F171 Sch. 9 para. 23 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

National Health Service (Scotland) Act 1978 (c. 29) E+W+S

24 E+W+S In section 105(7) of the National Health Service (Scotland) Act 1978 (orders, regulations and directions) for the words “or orders” there shall be substituted the words “, orders or directions”.

Employment Protection (Consolidation) Act 1978 (c. 44) E+W+S

F172 25 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Sch. 9 Pt. I para. 25 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191, 195, 202)

[F173 Foster Children Act 1980 (c. 6) E+W+S

Textual Amendments

F173 Sch. 4 Pt. I (paras. 1–23), Pt. II paras. 24–37, 44, Pt. III (paras. 49–56), Sch. 9 paras. 4, 6, 9, 12–14 and 26 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

26 E+W+S In subsection (5) of section 2 of the Foster Children Act 1980 (exceptions to meaning of foster child for purposes of Act) for the words from “home” to end of the section there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.]

Reserve Forces Act 1980 (c. 9) E+W+S

27 E+W+S The following paragraph shall be substituted for paragraph 2 of Schedule 2 to the Reserve Forces Act 1980 (army and air force pensioners and other former soldiers are not liable to be recalled for service)—

“2 A person who is receiving treatment for mental disorder as an inpatient in any establishment in the United Kingdom and is under the supervision of a registered medical practitioner.”.

Overseas Development and Cooperation Act 1980 (c. 63) E+W+S

F174 28 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F174 Sch. 9 Pt. I para. 28 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)

Part II E+W+S Meals and Recreation for Old People

1 E+W+S A district council [F175 or Welsh county council or county borough council] shall have power to make such arrangements as they may from time to time determine for providing meals and recreation for old people in their homes or elsewhere and may employ as their agent for the purpose of this paragraph any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people.

Textual Amendments

F175 Words in Sch. 9 Pt. II para. 1 inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 12(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

2 E+W+S A district council [F176 or Welsh county council or county borough council] may assist any such organisation as is referred to in paragraph 1 above to provide meals or recreation for old people—

(a) by contributing to the funds of the organisation;

(b) by permitting them to use premises belonging to the council on such terms as may be agreed; and

(c) 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 council in connection with the premises or other things which they permit the organisation to use.

Textual Amendments

F176 Words in Sch. 9 Pt. II para. 2 inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 12(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

3 (1) District councils [F177 or Welsh county councils or county borough councils] shall exercise their functions under this Part of this Schedule (including any discretion conferred on them under it) in accordance with the provisions of any regulations of the Secretary of State made for the purposes of this paragraph; and without prejudice to the generality of this paragraph, regulations under this paragraph— E+W+S

(a) may provide for conferring on officers of the Secretary of State authorised under the regulations such powers of inspection as may be prescribed in relation to the exercise of functions under this Part of this Schedule by or by arrangement with or on behalf of district councils [F177 or Welsh county councils or county borough councils]; and

(b) may make provision with respect to the qualifications of officers employed by district councils [F177 or Welsh county councils or county borough councils] for the purposes of this Part of this Schedule or by voluntary organisations acting under arrangements with or on behalf of district councils [F177 or Welsh county councils or county borough councils] for those purposes.

(2) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F177 Words in Sch. 9 Pt. II para. 3 inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 12(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

4 E+W+S In this Part of this Schedule—

• “functions” includes powers and duties; 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.

Section 30.

SCHEDULE 10 E+W+S Repeals and Revocation

Part I E+W+S Repeals

Chapter	Short title	Extent of repeal
26 Geo. 5 & 1 Edw. 8. c. 49.	Public Health Act 1936.	In section 143, in subsection (3), the words “and officers and men employed in the coastguard” and paragraph (ii) of the proviso, and in subsection (4), the words “and officers and men employed in the coastguard”.
11 & 12 Geo 6. c. 29.	National Assistance Act 1948.	Section 29(5).
4 & 5 Eliz. 2. c. 16.	Food and Drugs Act 1955.	Section 82.
		In Schedule 10, in paragraph 1(b), the words “subsection (4) of section eightytwo.”
10 & 11 Eliz. 2. c. 33.	Health Visiting and Social Work (Training) Act 1962.	The whole Act.
1966 c. 42.	Local Government Act 1966.	In Part II of Schedule 3, paragraph 31.
1968 c. 46.	Health Services and Public Health Act 1968.	Section 45(2).
		In section 48(2), in paragraph (a), the words “the Area Health Authority within whose area or” and in paragraph (b)(ii), the words “the Area Health Authority for the area”.
		Section 64 so far as it relates to Scotland.
1968 c. 49.	Social Work (Scotland) Act 1968.	Section 14(2).
		Section 31(2).
		In section 59A(1), the words “in residential establishments”.
		Section 59A(3).
		In section 78(1)(b), the words “and is engaged in remunerative employment”.
1969 c. 54.	Children and Young Persons Act 1969.	In Schedule 4, paragraph 13.
1970 c. 42.	Local Authority Social Services Act 1970.	Section 11.
		In section 15, in subsection (6), the words “except section 11” and in subsection (7), the words “section 11 and”.
1970 c. 46.	Radiological Protection Act 1970.	Section 4.
		In section 6(1), the words “and 4(2)”.
Chapter	Short title	Extent of repeal
1970 c. 55.	Family Income Supplements Act 1970.	Section 1(1A).
		Section 7.
		Section 10(2)(h) and (3).
		In section 17(1), the definition of “supplement officer”.
1971 c. 62.	Tribunals and Inquiries Act 1971.	In section 13(1), the words “4” and “18(a),”.
		In Schedule 1, paragraph 30B.
1972 c. 70.	Local Government Act 1972.	Section 101(9)(e).
		In Schedule 23, paragraph 12.
1973 c. 62	Powers of Criminal Courts Act 1973.	In Schedule 5, paragraph 33.
1975 c. 14.	Social Security Act 1975.	In section 109(2), the proviso.
		Section 111.
		In section 117(4), the second paragraph.
		In section 155(d)(iii), the words “medical board or”.
1975 c. 24.	House of Commons Disqualification Act 1975.	In Part III of Schedule 1, in the entry beginning “Chairman of an Appeal Tribunal”, the words “Schedule 4 to the Supplementary Benefits Act 1976 or” and in the entry beginning “Chairman of a Local Tribunal”, the words “section 97(2) of, and Schedule 10 to, the Social Security Act 1975 or under”.
1975 c. 37.	Nursing Homes Act 1975.	Section 6(a)(iii).
		In section 19(3)(b)(ii), the words “of those sections”.
1975 c. 61.	Child Benefit Act 1975.	In section 24(1), the definitions of “insurance officer” and “local tribunal”.
1975 c. 72.	Children Act 1975.	In section 72, in section 59A(1), the words “in residential establishments” and section 59A(3).
		Section 109(3).
1976 c. 36.	Adoption Act 1976.	Section 10,
		Section 27(4) and (5).
		Section 28(8) and (9).
		In section 63, in subsections (1) and (3), the words “Subject to subsection (4),” and in subsection (2), the words “and (4)”.
		In Schedule 3, paragraphs 29 and 30.
Chapter	Short title	Extent of repeal
1976 c. 71.	Supplementary Benefits Act 1976.	In section 12(4), the words from “and” onwards.
		Section 14(2)(d).
		Sections 15 and 15A.
		Section 20(3).
		Section 27(2).
		Section 28.
		In section 34(1), the definitions of “the Appeal Tribunal” and “benefit officer”.
		Schedule 4.
		In Schedule 7, paragraph 22.
1977 c. 5	Social Security (Miscellaneous Provisions) Act 1977.	Section 22(15).
1977 c. 45.	Criminal Law Act 1977.	In Schedule 12, paragraph 1 of the entry relating to the Adoption Act 1976.
1977 c. 49.	National Health Service Act 1977.	In section 8(1A), in paragraph (b), the words “according as is provided in the order,” and the words “with or without the word “Teaching””, in paragraph (c), the words “according as is provided in the order,”, and the words “with or without the word “Teaching””, in both places where they occur and the words following paragraph (c).
		Section 9.
		In section 100(2), the words “in accordance with regulations made by the Secretary of State and approved by the Treasury, and shall be”.
		In section 128(1), in the definition of “Area Health Authority” and “District Health Authority”, the words “the word “Teaching” or”.
		In Schedule 5, in paragraph 2(1), the words “Subject to paragraph 4 below,”, paragraph 4, in paragraph 5, in subparagraph (1)(c), the words from “or, where” to the end and in subparagraph (2)(a), the words from “or another” to “ “Teaching””.
		In Schedule 8, paragraphs 1(2), 2(5) and 3(2).
		In Schedule 15, paragraph 35.
1978 c. 18.	Adoption (Scotland) Act 1978.	Section 10.
		Section 27(4) and (5).
		Section 28(8) and (9).
1978 c. 22.	Domestic Proceedings and Magistrates’ Courts Act 1978.	In section 10(4)(b), the words “and is engaged in remunerative fulltime work”.
1978 c. 44.	Employment Protection (Consolidation) Act 1978.	In Schedule 15, paragraph 14.
1979 c. 36.	Nurses, Midwives and Health Visitors Act 1979.	In section 21(1), the words from “and the Health” onwards.
		Section 21(4).
		In Schedule 7, paragraph 11.
1980 c. 5.	Child Care Act 1980.	In section 10(2), the words from “and may” to the end of the subsection.
		In section 36(1), the words “for giving effect to the provision of the regional plan by which the home is designated as a controlled or assisted community home”.
		In section 39(2) in paragraph (c), the words “or voluntary organisation”, and paragraph (e).
		Section 43(3).
		In section 44(5), the words “but which were designated as a community home in a regional plan approved by the Secretary of State”.
		In section 45(1)(ii), the words from “and” to “work”.
		Section 58.
		Section 71.
		Section 79(5)(h).
		In section 87(1), the definitions of “planning area”, “regional plan” and “the relevant authorities”.
		Schedule 1.
		Schedule 3.
		In Schedule 5, paragraphs 23(a) and 34(a).
1980 c. 7.	Residential Homes Act 1980.	The whole Act.
1980 c. 53.	Health Services Act 1980.	In section 1, in subsection (1)(a), the words “or Area Health Authorities (Teaching)”, in subsection (3),paragraph (b) and in paragraph (c) the words “with or without the word “Teaching””, subsection (4) and in subsection (5), the words “the word “Teaching” or.”.
		Section 4.
		In Schedule 1, paragraph 29, and in paragraph 78(6), the words from “and, for” to “the word “Teaching”” in both places where they occur.
1980 c. 63.	Overseas Development and Cooperation Act 1980	In Schedule 1, in Part II, the words “for an area or district”.
1982 c. 20	Children’s Homes Act 1982	In section 3, in subsection (4) the words after “application” where it first occurs and subsections (6) and (8).
		Section 6(4) and (5).
		Section 7.
		Section 15(2).
1982 c. 24.	Social Security and Housing Benefits Act 1982.	In section 26(1), the definitions of “insurance officer” and “local tribunal”.
		In Schedule 2, paragraph 8(4).
1982 c. 48.	Criminal Justice Act 1982.	Section 25(1).

Part II E+W+S Revocation

Reference	Title	Extent of revocation
S.I. 1981 No. 432.	European Communities (Medical, Dental and Nursing Professions) (Linguistic Knowledge) Order 1981.	Article 3(1)(b) and (3)(b).