National Assistance Act 1948

Part III E+W+S Local Authority Services

Modifications etc. (not altering text)

C1 Pt. 3 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Provision of Accommodation E+W+S

F1 [21 Duty of local authorities to provide accommodation. E+W

(1) [F2 Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing]—

(a) residential accommodation for persons [F3 aged eighteen or over] who by reason of age, [F4 illness, disability] or any other circumstances are in need of care and attention which is not otherwise available to them; [F5 and

(aa) residential accommodation for expectant and nursing mothers who are in need of care and attention which is not otherwise available to them]

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (1A) A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely—

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(1B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (1A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

(2) In [F2 making any such arrangements] a local authority shall have regard to the welfare of all persons for whom accommodation is provided, and in particular to the need for providing accommodation of different descriptions suited to different descriptions of such persons as are mentioned in the last foregoing subsection.

[F8 (2A) In determining for the purposes of paragraph (a) or (aa) of subsection (1) of this section whether care and attention are otherwise available to a person, a local authority shall disregard so much of the person’s resources as may be specified in, or determined in accordance with, regulations made by the Secretary of State for the purposes of this subsection.

(2B) In subsection (2A) of this section the reference to a person’s resources is a reference to his resources within the meaning of regulations made for the purposes of that subsection.]

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F10 Subject to the provisions of section 26 of this Act] accommodation provided by a local authority in the exercise of their [F2 functions under this section] shall be provided in premises managed by the authority or, to such extent as may be [F2 determined in accordance with the arrangements] under this section, in such premises managed by another local authority as may be agreed between the two authorities and on such terms, including terms as to the reimbursement of expenditure incurred by the said other authority, as may be so agreed.

(5) References in this Act to accommodation provided under this part thereof shall be construed as references to accommodation provided in accordance with this and the five next following sections, and as including references to board and other services, amenities and requisites provided in connection with the accommodation except where in the opinion of the authority managing the premises their provision is unnecessary.

(6) References in this Act to a local authority providing accommodation shall be construed, in any case where a local authority agree with another local authority for the provision of accommodation in premises managed by the said other authority, as references to the first-mentioned local authority.

(7) Without prejudice to the generality of the foregoing provisions of this section, a local authority may—

(a) provide, in such cases as they may consider appropriate, for the conveyance of persons to and from premises in which accommodation is provided for them under this Part of the Act;

[F11 (b) make arrangements for the provision on the premises in which the accommodation is being provided of such other services as appear to the authority to be required.]

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F13 ... , nothing in this section shall authorise or require a local authority to make any provision authorised or required to be made (whether by that or by any other authority) by or under any enactment not contained in this Part of this Act [F14 or authorised or required to be provided under [F15 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]].]

Textual Amendments

F1 S. 21 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I.

F2 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(1)

F3 Words in s. 21(1)(a) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 11(1)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F4 Words in s. 21(1)(a) substituted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(1)(a); S.I. 1992/2975, art. 2(2), Sch.

F5 S. 21(1)(aa) and word “and” immediately preceding it added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(1)(b); S.I. 1992/2975, art. 2(2), Sch.

F6 S. 21(1)(b) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F7 S. 21(1A)(1B) inserted (6.12.1999) by 1999 c. 33, s. 116, 169(2)(with Sch. 15, para. 5); S.I. 1999/3190, art. 2, Sch.

F8 S. 21(2A)(2B) substituted (1.10.2001 for E., 1.4.2003 for W.) by Health and Social Care Act 2001 (c. 15), ss. 53, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3167, Sch.; S.I. 2003/939, art. 2, Sch. 1

F9 S. 21(3) repealed by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(1), Sch. 30

F10 Words in s. 21(4) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(1); S.I. 1992/2975, art. 2(2), Sch.

F11 S. 21(7)(b) substituted (1.4.1993) for paras. (b) and (c) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(2); S.I. 1992/2975, art. 2(2), Sch.

F12 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 44, Sch. 5

F13 Words in s. 21(8) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.

F14 Words in s. 21(8) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(3); S.I. 1992/2975, art. 2(2), Sch.

F15 Words in s. 21(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 6 (with Sch. 3 Pt. 1)

Modifications etc. (not altering text)

C2 S. 21 extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C3 S. 21 saved by Local Authority Social Services Act 1970 (c. 42), s. 7

C4 S. 21 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, {art. 2,}, Sch.

C5 S. 21(8) modified by Mental Health Act 1959 (c. 72), s. 8(1) (the said s. 8(1) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10)

22 Charges to be made for accommodation. E+W

(1) [F16 Subject to section 26 of this Act, where a person is provided with accommodation under this Part of this Act the local authority providing the accommodation shall recover from him the amount of the payment which he is liable to make] in accordance with the following provisions of this section.

(2) Subject to the following provisions of this section, the payment [F17 which a person is liable to make] for any such accommodation shall be in accordance with a standard rate fixed for that accommodation by the authority managing the premises in which it is provided [F17 and that standard rate shall represent the full cost to the authority of providing that accommodation].

(3) Where a person for whom accommodation in premises managed by any local authority is provided, or proposed to be provided, under this Part of this Act satisfies the local authority that he is unable to pay therefor at the standard rate, the authority shall assess his ability to pay F18 ... , and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F18 . . .

(4) In assessing for the purposes of the last foregoing subsection a person’s ability to pay, a local authority shall assume that he will need for his personal requirements such sum per week as may be prescribed by the Minister, or such other sum as in special circumstances the authority may consider appropriate.

[F19 (4A) Regulations made for the purposes of subsection (4) of this section may prescribe different sums for different circumstances.]

(5) In assessing as aforesaid a person’s ability to pay, a local authority shall give effect to [F20 regulations made by the Secretary of State for the purposes of this subsection] [F21 except that, until the first such regulations come into force, a local authority shall give effect to Part III of Schedule 1 to the Supplementary Benefits Act 1976, as it had effect immediately before the amendments made by Schedule 2 to the Social Security Act 1980.]

[F22 (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 [F23 such amount as appears to them reasonable for him to pay] 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.]

F24 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where accommodation is provided by a local authority in premises managed by another local authority, the payment therefor under this section shall be made to the authority managing the premises and not to the authority providing accommodation, but the authority managing the premises shall account for the payment to the authority providing the accommodation.

[F26 (8A) This section shall have 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 provided free of charge).]

F27 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F16 Words in s. 22(1) substituted (E.W.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(2); S.I. 1992/2975, art. 2(2), Sch.

F17 Words in s. 22(2) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(3); S.I. 1992/2975, art. 2(2), Sch.

F18 Words in s. 22(3) omitted (1.4.1993) by virtue of National Health Service and Community Care Act 1990 (c. 19), s. 44(4); S.I. 1992/2975, art. 2(2), Sch.

F19 S. 22(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(5); S.I. 1992/2975, art. 2(2), Sch.

F20 Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 2(1) (by S.I. 1980/279, art. 3, it is provided that until (but not including) the day on which the first regulations made after 24.11.80 under s. 22(5) come into operation that part of para. 2(1) of Sch. 4 to the 1980 Act which amends s. 22(5) shall operate only for the purpose of enabling the Secretary of State to make such regulations)

F21 Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)

F22 S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)

F23 Words in s. 22(5A) substituted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(6); S.I. 1992/2975, art. 2(2), Sch.

F24 S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F25 S. 22(7) repealed (6.4.1992) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(2), Sch. 10; S.I. 1992/567, art. 2

F26 S. 22(8A) inserted (E.W.) (8.4.2003) by Community Care (Delayed Discharges etc.) Act 2003 (c. 5), ss. 17(1), 20(2)

F27 S. 22(9) repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21, Sch. 5 Pt. II

Modifications etc. (not altering text)

C6 S. 22 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C7 S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

22 Charges to be made for accommodation. S

F93 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to the following provisions of this section, the payment [F94 which a person is liable to make] for any such accommodation shall be in accordance with a standard rate fixed for that accommodation by the authority managing the premises in which it is provided [F94 and that standard rate shall represent the full cost to the authority of providing that accommodation].

(3) Where a person for whom accommodation in premises managed by any local authority is provided, or proposed to be provided, under this Part of this Act satisfies the local authority that he is unable to pay therefor at the standard rate, the authority shall assess his ability to pay F95 ... , and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F95 . . .

(4) In assessing for the purposes of the last foregoing subsection a person’s ability to pay, a local authority shall assume that he will need for his personal requirements such sum per week as may be prescribed by the Minister, or such other sum as in special circumstances the authority may consider appropriate.

[F96 (4A) Regulations made for the purposes of subsection (4) of this section may prescribe different sums for different circumstances.]

(5) In assessing as aforesaid a person’s ability to pay, a local authority shall give effect to [F97 regulations made by the Secretary of State for the purposes of this subsection] [F98 except that, until the first such regulations come into force, a local authority shall give effect to Part III of Schedule 1 to the Supplementary Benefits Act 1976, as it had effect immediately before the amendments made by Schedule 2 to the Social Security Act 1980.]

[F99 (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 [F100 such amount as appears to them reasonable for him to pay] 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.]

F101 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where accommodation is provided by a local authority in premises managed by another local authority, the payment therefor under this section shall be made to the authority managing the premises and not to the authority providing accommodation, but the authority managing the premises shall account for the payment to the authority providing the accommodation.

F103 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F93 S. 22(1) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F94 Words in s. 22(2) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(3); S.I. 1992/2975, art. 2(2), Sch.

F95 Words in s. 22(3) omitted (1.4.1993) by National Health and Community Care Act 1990 (c. 19), s. 44(4); S.I. 1992/2975, art. 2(2), Sch.

F96 S. 22(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(5); S.I. 1992/2975, art. 2(2), Sch.

F97 Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 2(1) (by S.I. 1980/279, art. 3, it is provided that until (but not including) the day on which the first regulations made after 24.11.80 under s. 22(5) come into operation that part of para. 2(1) of Sch. 4 to the 1980 Act which amends s. 22(5) shall operate only for the purpose of enabling the Secretary of State to make such regulations)

F98 Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)

F99 S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)

F100 Words in s. 22(5A) substituted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(6); S.I. 1992/2975, art. 2(2), Sch.

F101 S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F102 S. 22(7) repealed (6.4.1992) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(2), Sch. 10; S.I. 1992/567, art. 2

F103 S. 22(9) repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21, Sch. 5 Pt. II

Modifications etc. (not altering text)

C29 Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C30 S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)

C31 S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

[F28 23 Management of premises in which accommodation provided. E+W

(1) Subject to the provisions of this Part of this Act, a local authority may make rules as to the conduct of premises under their management in which accommodation is provided under this Part of this Act and as to the preservation of order in the premises.

(2) Rules under this section may provide that where by reason of any change in a person’s circumstances he is no longer qualified to receive accommodation under this Part of this Act or where a person has otherwise become unsuitable therefor, he may be required by the local authority managing the premises to leave the premises in which the accommodation is provided.

(3) Rules under this section may provide for the waiving of part of the payments due under the last foregoing section where in compliance with the rules persons for whom accommodation is provided assist in the running of the premises.]

Textual Amendments

F28 S. 23 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I;

Modifications etc. (not altering text)

C8 S. 23 extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

[F29 24 Authority liable for provision of accommodation. E+W

(1) The local authority [F30 empowered] under this Part of this Act to provide residential accommodation for any person shall subject to the following provisions of this Part of this Act be the authority in whose area the person is ordinarily resident.

F31 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a person in the area of a local authority—

(a) is a person with no settled residence, or

(b) not being ordinarily resident in the area of the local authority, is in urgent need of residential accommodation under this Part of this Act,

the authority shall have the like [F30 power] to provide residential accommodation for him as if he were ordinarily resident in their area.

(4) Subject to and in accordance with the [F30 arrangements] under section twenty-one of this Act, a local authority shall have power, as respects a person ordinarily resident in the area of another local authority, with the consent of that other authority to provide residential accommodation for him in any case where the authority would have a duty to provide such accommodation if he were ordinarily resident in their area.

(5) Where a person is provided with residential accommodation under this Part of this Act, he shall be deemed for the purposes of this Act to continue to be ordinarily resident in the area in which he was ordinarily resident immediately before the residential accommodation was provided for him.

[F32 (6) For the purposes of the provision of residential accommodation under this Part, a patient (“P”) for whom NHS accommodation is provided shall be deemed to be ordinarily resident in the area, if any, in which P was resident before the NHS accommodation was provided for P, whether or not P in fact continues to be ordinarily resident in that area.

(6A) In subsection (6) “NHS accommodation” means—

(a) accommodation (at a hospital or elsewhere) provided under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, or

(b) accommodation provided under section 117 of the Mental Health Act 1983 by a Primary Care Trust or Local Health Board, other than accommodation so provided jointly with a local authority.]

[F33 (6B) The reference in subsection (6A)(b) to accommodation provided by a Primary Care Trust includes a reference to accommodation—

(a) in respect of which direct payments are made under regulations under section 12A(4) of the National Health Service Act 2006, and

(b) which would be provided under section 117 of the Mental Health Act 1983 apart from the regulations.]

[F34 (7) In subsection (6) above “NHS trust” means a National Health Service trust established under [F35 the National Health Service Act 2006, the National Health Service (Wales) Act 2006] or under the National Health Service (Scotland) Act 1978[F36 , and “Primary Care Trust” means a Primary Care Trust established under [F37 section 18 of the National Health Service Act 2006].].]]

Textual Amendments

F29 S. 24 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I;

F30 Word substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(2)

F31 S. 24(2) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F32 S. 24(6)(6A) substituted for s. 24(6) (19.4.2010) by Health and Social Care Act 2008 (c. 14), ss. 148(1), 170(3)(4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2 (with art. 3)

F33 S. 24(6B) inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 1; S.I. 2010/30, art. 2(b)

F34 S. 24(7) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(4)(b)

F35 Words in s. 24(7) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 7(a) (with Sch. 3 Pt. 1)

F36 Words in s. 24(7) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 2(b)

F37 Words in s. 24(7) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 7(b) (with Sch. 3 Pt. 1)

Modifications etc. (not altering text)

C9 S. 24 extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C10 S. 24 saved by Local Authority Social Services Act 1970 (c. 42), s. 7

C11 S. 24(5)(6) applied (with modifications) by 2005 c. 9, Sch. A1 para. 183(1)(2) (as inserted (1.4.2009) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 7 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(c) (with art. 3, Sch.))

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38 E+W+S

Textual Amendments

F38 S. 25 repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

26 Provision of accommodation in premises maintained by voluntary organisations. E+W

[F39 (1) Subject to subsections (1A) and [F40 (1C)] below, arrangements under section 21 of this Act may include arrangements made with a voluntary organisation or with any other person who is not a local authority where—

(a) that organisation or person manages premises which provide for reward accommodation falling within subsection (1) (a) or (aa) of that section, and

(b) the arrangements are for the provision of such accommodation in those premises.

[F41 (1A) Arrangements must not be made by virtue of this section for the provision of accommodation together with nursing or personal care for persons such as are mentioned in section 3(2) of the Care Standards Act 2000 (care homes) unless—

(a) the accommodation is to be provided, under the arrangements, in a care home (within the meaning of that Act) which is managed by the organisation or person in question; and

(b) that organisation or person is registered under Part II of that Act in respect of the home.]

(1C) Subject to subsection (1D) below, [F42 no arrangements may be made by virtue of this section for the provision of accommodation together with nursing] without the consent of such [F43 Primary Care Trust or] [F44 Local Health Board] as may be determined in accordance with regulations.

(1D) Subsection (1C) above does not apply to the making by an authority of temporary arrangements for the accommodation of any person as a matter of urgency; but, as soon as practicable after any such temporary arrangements have been made, the authority shall seek the consent required by subsection (1C) above to the making of appropriate arrangements for the accommodation of the person concerned.

(1E) F45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any [F46 arrangements made by virtue of F47 . . . this section] shall provide for the making by the local authority to [F48 the other party thereto] of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F49 and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangments the amount of the refund which he is liable to make in accordance with the following provisions of this section].

(3) [F50 Subject to subsection (3A) below] A person for whom accommodation is provided under any such arrangements shall, in lieu of being liable to make payment therefor in accordance with section twenty-two of this Act, refund to the local authority any payments made in respect of him under the last foregoing subsection:

Provided that where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the local athority that he is unable to make a refund at the full rate determined under that subsection, subsections (3) to (5) of section twenty-two of this Act shall, with the necessary modifications, apply as they apply where a person satisfies the local authority of his inability to pay at the standard rate as mentioned in the said subsection (3).

[F51 (3A) Where accommodation in any premises is provided for any person under arrangements made by virtue of this section and the local authority, the person concerned and the voluntary organisation or other person managing the premises (in this subsection referred to as “the provider”) agree that this subsection shall apply—

(a) so long as the person concerned makes the payments for which he is liable under paragraph (b) below, he shall not be liable to make any refund under subsection (3) above and the local authority shall not be liable to make any payment under subsection (2) above in respect of the accommodation provided for him;

(b) the person concerned shall be liable to pay to the provider such sums as he would otherwise (under subsection (3) above) be liable to pay by way of refund to the local authority; and

(c) the local authority shall be liable to pay to the provider the difference between the sums paid by virtue of paragraph (b) above and the payments which, but for paragraph (a) above, the authority would be liable to pay under subsection (2) above.]

(4) Subsections [F52 (5A),] . . . , (7) and (9) of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as they apply for the purposes of the said section twenty-two.

[F53 (4AA) Subsections (2) to (4) shall have 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).]

[F54 (4A) Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.]

(5) Where in any premises accommodation is being provided under F55 . . . this section in accordance with arrangements made by any local authority, any person authorised in that behalf by the authority may at all reasonable times enter and inspect the premises.

F56 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M1 Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946 F57 [F58 . . . and “exempt body” means an authority or body constituted by an Act of Parliament or incorporated by Royal Charter].]

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F39 S. 26(1)-(1E) substituted (E.W.) (1.4.1993) for s. 26(1)(1A) by Community Care (Residential Accommodation) Act 1992 (c. 49), s. 1(1) (s. 1(2) of which Act repealed s. 42(2) of 1990 c. 19); S.I. 1992/2976, art. 2

F40 Words in s. 26(1) substituted (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(2); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, arts. 2, 3 (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F41 S. 26(1A) substituted for s. 26(1A)(1B) (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(3); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts. 2, {3} (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F42 Words in s. 26(1C) substituted (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(4); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts. 2, {3} (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F43 Words in s. 26(1C) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 38; S.I. 2002/2478, art. 3(1)(a) (subject to arts. 3(3), 4)

F44 Words in s. 26(1C) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 1

F45 S. 26(1E) repealed (1.4.2002 for E. and otherwise prosp. ) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts 2, {3} (with arts. 3(5)-(10) and subject to transitional provisions in Schs. 1-3)

F46 Words from “arrangements” to “section” substituted (E.W.) for words from “such” to “aforesaid” by Local Government Act 1972 (c. 70, SIF 81:1), s. 195(6), Sch. 23 para. 2(3)

F47 Words in s. 26(2) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(5)(a), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.

F48 “the other party thereto” substituted (E.W.) for “the organisation” by Health Services and Public Health Act 1968 (c. 46, SIF 81:3), s. 44(2)

F49 Words in s. 26(2) added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(3); S.I. 1992/2975, art. 2(2), Sch.

F50 Words in s. 26(3) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F51 S. 26(3A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F52 “(5A),” inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(b)

F53 S. 26(4AA) inserted (E.W.) (8.4.2003) by Community Care (Delayed Discharges etc.) Act 2003 (c. 5), ss. 17(2), 20(2)

F54 S. 26(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(5)(b); S.I. 1992/2975, art. 2(2), Sch.

F55 Words in s. 26(5) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(5)(c), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.

F56 S. 26(6) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4

F57 Definition of “small home” in s. 26(7) omitted (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20), s. 2(5)(b); S.I. 1992/2240, art. 2

F58 Definitions in s. 26(7) added (E.W.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(5); S.I. 1992/2975, art. 2(2), Sch.

Modifications etc. (not altering text)

C12 S. 26 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C13 S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Marginal Citations

M1 1936 c. 51.

26 Provision of accommodation in premises maintained by voluntary organisations. S

F104 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any such arrangements as aforesaid shall provide for the making by the local authority tothe organisation of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F105 and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangements the amount of the refund which he is liable to make in accordance with the following provisions of this section].

(3) [F106 Subject to subsection (3A) below] A person for whom accommodation is provided under any such arrangements shall, in lieu of being liable to make payment therefor in accordance with section twenty-two of this Act, refund to the local authority any payments made in respect of him under the last foregoing subsection:

Provided that where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the local athority that he is unable to make a refund at the full rate determined under that subsection, subsections (3) to (5) of section twenty-two of this Act shall, with the necessary modifications, apply as they apply where a person satisfies the local authority of his inability to pay at the standard rate as mentioned in the said subsection (3).

[F107 (3A) Where accommodation in any premises is provided for any person under arrangements made by virtue of this section and the local authority, the person concerned and the voluntary organisation or other person managing the premises (in this subsection referred to as “the provider”) agree that this subsection shall apply—

(a) so long as the person concerned makes the payments for which he is liable under paragraph (b) below, he shall not be liable to make any refund under subsection (3) above and the local authority shall not be liable to make any payment under subsection (2) above in respect of the accommodation provided for him;

(b) the person concerned shall be liable to pay to the provider such sums as he would otherwise (under subsection (3) above) be liable to pay by way of refund to the local authority; and

(c) the local authority shall be liable to pay to the provider the difference between the sums paid by virtue of paragraph (b) above and the payments which, but for paragraph (a) above, the authority would be liable to pay under subsection (2) above.]

(4) [F108 Subsection (5A)] of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as [F109 it applies] for the purposes of the said section twenty-two.

[F110 (4A) Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.]

F104 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M6 Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946.

Extent Information

E4 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F104 S. 26(1)(5) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F105 Words in s. 26(2) added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(3); S.I. 1992/2975, art. 2(2), Sch.

F106 Words in s. 26(3) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F107 S. 26(3A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F108 Words in s. 26(4) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(a)(i); S.S.I. 2007/334, art. 2(b), sch. 2

F109 Words in s. 26(4) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(a)(ii); S.S.I. 2007/334, art. 2(b), sch. 2

F110 S. 26(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(5)(b); S.I. 1992/2975, art. 2(2), Sch.

F111 S. 26(6) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4

Modifications etc. (not altering text)

C32 Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C33 S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Marginal Citations

M6 1936 c. 51.

26A Exclusion of powers to provide accommodation under this Part in certain cases. E+W

F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 S. 26A ceased to have effect (8.4.2002) by virtue of 2001 c. 15, s. 50(1)(a) and repealed (15.4.2002) by 2001 c. 15, s. 67(2), Sch. 6 Pt. 3 (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(1); S.I. 2002/1312, art. 3

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 E+W+S

Textual Amendments

F60 S. 27 repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21(4), Sch. 5 Pt. II

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61 E+W+S

Textual Amendments

F61 S. 28 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. II; Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), Sch. 6 Pt. III

Welfare Services E+W+S

[F62 29 Welfare arrangements for blind, deaf, dumb and crippled persons, etc. E+W

(1) A local authority [F63 may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the area of the local authority shall] make arrangements for promoting the welfare of persons to whom this section applies, that is to say persons [F64 aged eighteen or over] who are blind, deaf or dumb, [F65 or who suffer from mental disorder of any description] and other persons [F64 aged eighteen or over] who are substantially and permanently handicapped by illness, injury, or congenital deformity or such other disabilities as may be prescribed by the Minister.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(4) Without prejudice to the generality of the provisions of subsection (1) of this section, arrangements may be made thereunder—

(a) for informing persons to whom arrangements under that subsection relate of the services available for them thereunder;

(b) for giving such persons instruction in their own homes or elsewhere in methods of overcoming the effects of their disabilities;

(c) for providing workshops where such persons may be engaged (whether under a contract of service or otherwise) in suitable work, and hostels where persons engaged in the workshops, and other persons to whom arrangements under subsection (1) of this section relate and for whom work or training is being provided in pursuance of the M2 Disabled Persons (Employment) Act, 1944, [F67 or the M3 Employment and Training Act 1973] may live;

(d) for providing persons to whom arrangements under subsection (1) of this section relate with suitable work (whether under a contract of service or otherwise) in their own homes or elsewhere;

(e) for helping such persons in disposing of the produce of their work;

(f) for providing such persons with recreational facilities in their own homes or elsewhere;

(g) for compiling and maintaining classified registers of the persons to whom arrangements under subsection (1) of this section relate.

[F68 (4A) Where accommodation in a hostel is provided under paragraph (c) of subsection (4) of this section—

(a) if the hostel is managed by a local authority, section 22 of this Act shall apply as it applies where accommodation is provided under section 21;

(b) if the accommodation is provided in a hostel managed by a person other than a local authority under arrangements made with that person, subsections (2) to (4A) of section 26 of this Act shall apply as they apply where accommodation is provided under arrangements made by virtue of that section; and

(c) [F69 section 32 shall apply as it applies] where accommodation is provided under sections 21 to 26;

and in this subsection references to “accommodation” include references to board and other services, amenities and requisites provided in connection with the accommodation, except where in the opinion of the authority managing the premises or, in the case mentioned in paragraph (b) above, the authority making the arrangements their provision is unnecessary.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

(6) Nothing in the foregoing provisions of this section shall authorise or require—

(a) the payment of money to persons to whom this section applies, other than persons for whom work is provided under arrangements made by virtue of paragraph (c) or paragraph (d) of subsection (4) of this section or who are engaged in work which they are enabled to perform in consequence of anything done in pursuance of arrangements made under this section; or

(b) the provision of any accommodation or services required to be provided under [F71 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] or the M4 National Health Service (Scotland) Act, 1947.

(7) A person engaged in work in a workshop provided under paragraph (c) of subsection (4) of this section, or a person in receipt of a superannuation allowance granted on his retirement from engagement in any such workshop, shall be deemed for the purposes of this Act to continue to be ordinarily resident in the area in which he was ordinarily resident immediately before he [F72 was accepted for work in that workshop; and for the purposes of this subsection a course of training in such a workshop shall be deemed to be work in that workshop].]

Textual Amendments

F62 S. 29 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt.

F63 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(4)

F64 Words in s. 29(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 11(2)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F65 Words inserted by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4

F66 S. 29(2)(3) repealed by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 Para. 2(4), Sch. 30

F67 Words inserted by Employment and Training Act 1973 (c. 50), Sch. 3 para. 3

F68 S. 29(4A) inserted (E.W.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 44(7); S.I. 1992/2975, art. 2(2), Sch.

F69 Words in s. 29(4A)(c) substituted (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(2), 170(3)(4) (with Sch. 13); S.I. 2009/462, art. 4(a); S.I. 2009/631, art. 2(a)

F70 S. 29(5) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10

F71 Words in s. 29(6)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 8 (with Sch. 3 Pt. 1)

F72 Words substituted retrospectively by National Assistance (Amendment) Act 1959 (c. 30), s. 1(2)(3)

Modifications etc. (not altering text)

C14 S. 29 saved by Local Authority Social Services Act 1970 (c. 42), s. 7

C15 S. 29 amended by Chronically Sick and Disabled Persons Act 1970 (c. 44), s. 2

C16 S. 29 excluded by Local Authority Social Services Act 1970 (c. 42) s. 2(1), Sch. 1

C17 S. 29 superseded in part by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(2)

C18 S. 29 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 para. 1 (with s. 159); S.I. 2002/2811, art. 2, Sch.

C19 S. 29(4)(c) amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)

C20 S. 29(6) amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1); modified by Mental Health Act, 1959 (c. 72), s. 8(2)

C21 S. 29(6)(b) amended by Health Services and Public Health Act 1968 (c. 46), Sch. 3 Pt. I

C22 S. 29(7) amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)

Marginal Citations

M2 1944 c. 10.

M3 1973 c. 50.

M4 1947 c. 27.

[F73 30 Voluntary organisations for disabled persons’ welfare. E+W

(1) A local authority may, [F74 in accordance with arrangements made under section 29 of this Act], employ as their agent for the purposes of that section [F75 any voluntary organisation for the time being registered in accordance with this Act being an organisation having for its sole or principal object or among its principal objects the promotion of the welfare of persons to whom the last foregoing section applies][F75 any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for any of the persons to whom section 29 above applies, being an organisation or person appearing to the authority to be capable of providing the service to which the arrangements apply].

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77 ]

Textual Amendments

F73 S. 30 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F74 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(5)

F75 Words commencing “any voluntary organisation or any person” substituted (1.4.1991) (E.W.) for words commencing “any voluntary organisation for the time being” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(6)

F76 S. 30(2) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4

F77 S. 30(3) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

Modifications etc. (not altering text)

C23 S. 30 amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)

C24 S. 30 excluded by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

[F78 30A Research. E+W+S

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.]

Textual Amendments

F78 S.30A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29, Sch. 9 Pt. I para. 3

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79 E+W+S

Textual Amendments

F79 S. 31 repealed (E.W.) by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2 and (S.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. 11

[F80 Financial adjustments between Local Authorities E+W

Textual Amendments

F80 S. 32 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

32 Adjustments between authority providing accommodation, &c., and authority of area of residence. E+W

(1) Any expenditure which apart from this section would fall to be borne by a local authority—

(a) in the provision under this Part of this Act of accommodation for a person ordinarily resident in the area of another local authority, or

(b) in the provision under section twenty-nine of this Act of services for a person ordinarily so resident, or

(c) in providing under paragraph (a) of subsection (7) of section twenty-one of this Act for the conveyance of a person ordinarily resident as aforesaid,

shall be recoverable from the said other local authority.

(2) For the purposes of paragraph (a) of the last foregoing subsection it shall be assumed that the expenditure incurred by a local authority in providing accommodation for any person is, as respects accommodation provided in premises managed by a local authority, at the rate for the time being fixed for that accommodation under subsection (2) of section twenty-two of this Act, and, as respects accommodation provided pursuant to an arrangement made under section twenty-six of this Act, at the rate referred to in subsection (2) of that section.

[F81 (3) Any question arising under this Part as to a person's ordinary residence shall be determined by the Secretary of State or by the Welsh Ministers.

(4) The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which cases are to be dealt with by the Secretary of State and which are to be dealt with by the Welsh Ministers.

(5) Those arrangements may include provision for the Secretary of State and the Welsh Ministers to agree, in relation to any question that has arisen, which of them is to deal with the case.]]

Textual Amendments

F81 S. 32(3)-(5) substituted for s. 32(3) (19.4.2010) by Health and Social Care Act 2008 (c. 14), ss. 148(2), 170(3)(4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2; S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2

Modifications etc. (not altering text)

C25 S. 32 amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1) and by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

C26 S. 32(3)-(5) applied by Chronically Sick and Disabled Persons Act 1970 (c. 44), s. 2(1A) (as inserted (19.4.2010) by Health and Social Care Act 2008 (c. 14), ss. 148(3), 170(3)(4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2

Local and Central Authorities E+W+S

33 Local Authorities for purposes of Part III. E+W+S

(1) In this Part of this Act the expression “local authority” means [F82 a council which is a local authority for the purposes of the M5 Local Authority Social Services Act 1970] in England or Wales, and [F83 a [F84 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland]:

. . . F85

F86 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(6)

F83 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 89

F84 Words in s. 33(1) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(2); S.I 1996/323, art. 4(1)(b)(c)

F85 Proviso repealed by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2

F86 S. 33(2) repealed (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(7), Sch. 3 and (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

Marginal Citations

M5 1970 c. 42.

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87 E+W+S

Textual Amendments

F87 S. 34 repealed by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and Local Government Act 1972 (c. 70), s. 195(3), Sch. 30

[F88 35 Central Authority for purposes of Part III. E+W

(1) For the purposes of this Part of this Act the expression “the Minister” means the Minister of Health as respects England and Wales, and the Secretary of State as respects Scotland.

[F89 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90 , local authorities shall exercise their functions under this Part of this Act (including any discretion conferred on them thereunder). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91 in accordance with the provisions of any regulations of the Minister made for the purposes of this subsection.

(3) Without prejudice to the generality of the last foregoing subsection, regulations thereunder—

(a) may provide for conferring on officers of the Minister authorised under the regulations such powers of inspection as may be prescribed in relation to the exercise of functions under this Part of this Act by or by arrangement with or on behalf of local authorities;

(b) may prescribe requirements as to the provision to be made in rules for the conduct of, and preservation of order in, premises in which accommodation is provided under this Part of this Act by local authorities;

(c) may make provision with respect to the qualifications of officers employed by local authorities for the purposes of this Part of this Act or by voluntary organisations acting under arrangements with or on behalf of local authorities for those purposes.]]

Textual Amendments

F88 S. 35 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F89 S. 35(2)(3) repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(6), Sch. 10

F90 Words repealed by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(7), Sch. 30

F91 Words repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

Modifications etc. (not altering text)

C27 S. 35 amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)(2) and Health Services and Public Health Act 1968 (c. 46), s. 45(5)

[F92 36 Default powers of Minister. E+W+S

(1) Where the Minister is of opinion, whether on representations made to him or otherwise, that a local authority have failed to discharge any of their functions under this Part of this Act, or have in the discharge thereof failed to comply with any regulations relating thereto, he may after such inquiry as he may think fit make an order declaring the authority to be in default.

(2) An order under the last foregoing subsection shall direct the authority, for the purpose of remedying the default, to discharge such of their functions, in such manner and within such time or times, as may be specified in the order; and if the authority fail to comply with any direction given under this subsection within the time specified in the order, then without prejudice to any other means of enforcing the order the Minister may make an order transferring to himself such of the functions of the authority as he thinks fit.

(3) Any expenses certified by the Minister to have been incurred by him in discharging functions transferred to him under this section shall on demand be paid to him by the authority from which the functions were transferred.

(4) An authority shall have the like power of raising money required for paying expenses certified by the Minister as aforesaid as they have of raising money for paying expenses incurred directly by them, and the payment of any expenses certified as aforesaid shall, to such extent as may be sanctioned by the Minister, be a purpose for which the authority may borrow money in accordance with the statutory provisions relating to borrowing by that authority.

(5) An order under this section may contain such incidental or supplemental provisions as appear to the Minister to be necessary or expedient, including provision for the transfer to the Minister of property and liabilities of the authority in default.

(6) Where any such order is varied or revoked by a subsequent order, the revoking order or a subsequent order may make provision for the re-transfer to the authority in default of any property or liabilities transferred from that authority to the Minister under the first-mentioned order and for the transfer to that authority of any property or liabilities acquired or incurred by the Minister in discharging any of the functions transferred to him.]

Textual Amendments

F92 S. 36 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(7), Sch. 10 and repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

Modifications etc. (not altering text)

C28 S. 36 amended by Disabled Persons (Employment ) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)(2) and Health Services and Public Health Act 1968 (c. 46), s. 45(5)