3 Provision of sheltered employment by local authorities. E+W+S

(1)A local authority [F1in England or Scotland] [F2shall have power under this section to][F2may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the authority’s area shall] make arrangements for the provision of facilities for any of the purposes mentioned in subsection (1) of section fifteen of the principal Act (which relates to the provision for registered persons who are seriously disabled of employment, or work on their own account, under special conditions, and of training for such employment or work); [F3and in relation to persons ordinarily resident in the area of a local authority, the authority shall, to such extent as the [F4Secretary of State] may direct, be under a duty to exercise their powers under this subsection.]

(2)The powers and duties of a local authority under subsection (1) of this section shall be in lieu of any power or duty of the authority to make arrangements for the same purposes under [F5section twenty-nine of the M1National Assistance Act 1948, or under F6[F7... paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006] or] [F8section 38 of the M2National Health Service (Scotland) Act 1978].

(3)The arrangements made by a local authority under this section shall be carried into effect [F9subject to the approval of the Secretary of State].

(4)The Schedule to this Act shall have effect for the purpose of applying or adapting the enactments there mentioned for the purpose of this section, and for making other provisions supplementary to this section; and the foregoing subsections shall have effect subject to the provision made by that Schedule.

(5)For the purpose of this section “local authority” means as respects England F10. . ., the council of a county [F11 . . . F12, or of a metropolitan district or London borough or the Common Council of the City of London] and, as respects Scotland, [F13a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994][F14[F15and in relation to Wales, the council of a county or county borough]].

(6)This section shall come into force on the first day of January, nineteen hundred and fifty-nine.

Textual Amendments

F1Words in s. 3(1) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 11(a)

F2Words “may, with” to “area shall” substituted (E.W.) for words “shall have” to “section to” by Local Government Act 1972 (c. 70), Sch. 23 para. 6(1)

F3Words repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 23 para. 6(1)

F4Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 134(a)

F5Words in s. 3(2) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 11(b)

F6Words in s. 3(2) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 11 (with arts. 1(3), 3)

F7Words in s. 3(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 19 (with Sch. 3 Pt. 1)

F8Words substituted by virtue of National Health Service (Scotland) Act 1978 (c. 29), Sch. 15 para. 2

F9Words substituted (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 134(b)

F10Words in s. 3(5) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), 66(8), Sch. 10 para. 3, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2