PART IPoor Law.

Transfer and administration of Functions.

5Provisions as to alternative powers of giving assistance.

1

A council in preparing an administrative scheme shall have regard to the desirability of securing that, as soon as circumstances permit, all assistance which can lawfully be provided otherwise than by way of poor relief shall be so provided, and accordingly any such scheme may declare that any assistance which could, after the appointed day, be provided either by way of poor relief or by virtue of any of the following Acts as amended by any subsequent enactment including this Act (that is to say)—

a

The [38 & 39 Vict. c. 55.] Public Health Act, 1875 :

b

The [51 & 52 Vict. c. 41.] Local Government Act, 1888 :

c

The [3 & 4 Geo. 5. c. 28.] Mental Deficiency Act, 1913:

d

The [8 & 9 Geo. 5. c. 29.] Maternity and Child Welfare Act, 1918 :

e

The [10 & 11 Geo. 5. c. 49.] Blind Persons Act, 1920:

f

The [11 & 12 Geo. 5. c. 12.] Public Health (Tuberculosis) Act, 1921:

g

The [11 & 12 Geo. 5. c. 51.] Education Act, 1921:

shall be provided exclusively by virtue of the appropriate Act and not by way of poor relief, but nothing in this subsection or in any scheme shall diminish or otherwise affect the duty of a council under section thirty-four of the [17 & 18 Geo. 5. c. 14.] Poor Law Act, 1927, to provide relief for the poor.

For the purposes of this subsection, the expression “assistance” includes maintenance and treatment at hospitals and other places, the education of children, and any other services which could, after the appointed day, be provided either by way of poor relief or by virtue of any of the above-mentioned Acts.

2

Where in the case of a county the scheme declares that the education of any children who are being maintained by the council in any institution shall be provided under the Education Act, 1921, the council may make arrangements for that purpose with the local education authority for elementary education for the area in which such institution is situated upon such terms and conditions (including the use by the local education authority of any buildings, premises or equipment belonging to the council) as may be agreed.

3

Where in the case of a county the scheme declares that any assistance which could be provided by virtue of the Maternity and Child Welfare Act, 1918, shall be provided under that Act, the county council may make arrangements with the council of any district wholly or partly in the county, who have established a maternity and child welfare committee, for the provision of such assistance within the district by the council thereof upon such terms and conditions (including the use by the district council of any buildings premises or equipment belonging to the county council) as may be agreed, and any such arrangements may require the district council to furnish the county council with particulars of any assistance given by the district council under the Maternity and Child Welfare Act, 1918, whether in pursuance of the arrangements or otherwise.