National Assistance Act 1948

Part IV E+W+S General and Supplementary

Modifications etc. (not altering text)

C1 Pt. 4 saved by Mental Health Act 1959 (c. 72), s. 8(3) (which affecting provision is repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1)

Registration etc. of homes for disabled persons and the aged and charities for disabled persons E+W+S

37—40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 37–40 repealed by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2

F2 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F2 S. 41 repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1 Appendix

Recovery of Expenses E+W+S

42 Liability to maintain wife or husband and children. E+W+S

(1) For the purposes of this Act—

(a) a man shall be liable to maintain his wife and his children, and

(b) a woman shall be liable to maintain her husband and her children.

[F3 (2) The reference in paragraph (a) of the last foregoing subsection to a man’s children includes a reference to children of whom he has been adjudged to be the putative father, and the reference in paragraph (b) of that subsection to a woman’s children includes a reference to her illegitimate children.]

X1 [F4 (3) In the application of subsection (2) of this section to Scotland, for the reference to children of whom a man has been adjudged to be the putative father there shall be substituted a reference to children his paternity of whom has been admitted or otherwise established.]

X1 [F4 (3) Subsection (2) of this section shall not apply to Scotland and, in the application thereto of subsection (1) of this section, any reference to “children” includes a reference to children whether or not their parents have ever been married to one another.]

Editorial Information

X1 S. 42 subsection (3) commencing “Subsection (2)” substituted (S.) for subsection (3) commencing “In the application of” by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 5

Textual Amendments

F3 S. 42(2) repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4

F4 S. 42 subsection (3) commencing “Subsection (2)” substituted (S.) for subsection (3) commencing “In the application of” by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 5

Modifications etc. (not altering text)

C2 S. 42 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

C3 S. 42 applied by Social Work (Scotland) Act 1968 (c. 49, SIF 81:3), s. 87(3)

C4 S. 42(1) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(a)

43 Recovery of cost of assistance from persons liable for maintenance. E+W+S

(1) Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F5 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.

(2) On a complaint under this section the court shall have regard to all the circumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.

(3) For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.

(4) In this section the expression “assistance” means F5 ... the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means

[F6 (a) in England and Wales, a magistrates' court acting in the local justice area where the assistance was given or applied for;

(b) in Scotland, the sheriff having jurisdiction in the place where the assistance was given or applied for.]

(5) Payments under subsection (2) of this section shall be made—

(a) to . . . F5 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or

(b) to the applicant for assistance or any other person being a person assisted, or

(c) to such other person as appears to the court expedient in the interests of the person assisted,

or as to part in one such manner and as to part in another, as may be provided by the order.

[F7 [F8 (6) An order under this section shall be enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980.]

F9 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Subsections (6) and (7) of this section do not extend to Scotland.]

Textual Amendments

F5 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F6 S. 43(4)(a)(b) substituted for words (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 80; S.I. 2005/910, art. 3(y)

F7 S. 43(6)–(8) added (E.W.) by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 4 (s. 43(6) having been repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8)

F8 S. 43(6) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 6

F9 S. 43(7) repealed (with savings) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), Schs. 1, 3

Modifications etc. (not altering text)

C5 S. 43 extended by Maintenance Orders Act 1950 (c. 37), ss. 4, 9 and Ministry of Social Security Act 1966 (c. 20), s. 25(1); extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C6 S. 43 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

C7 S. 43 applied by Social Work (Scotland) Act 1968 (c. 49, SIF 81:3), s. 87(3)

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 S. 44 repealed (S.) by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), s. 10(2), Sch. 2 and (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 7, Sch. 4

45 Recovery in cases of misrepresentation or non-disclosure. E+W+S

(1) If, whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and in consequence of the misrepresentation or failure—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 a local authority incur any expenditure under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 Part III of this Act, or

(b) any sum recoverable under this Act by . . . F11 a local authority is not recovered,

the . . . F11 authority shall be entitled to recover the amount thereof from the said person.

(2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F11 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F12 S. 45(2)–(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C8 S. 45 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C9 S. 45 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

Miscellaneous E+W+S

46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W+S

Textual Amendments

F13 S. 46 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

47 Removal to suitable premises of persons in need of care and attention. E+W

(1) The following provisions of this section shall have effect for the purposes of securing the necessary care and attention for persons who—

(a) are suffering from grave chronic disease or, being aged, infirm or physically incapacitated, are living in insanitary conditions, and

(b) are unable to devote to themselves, and are not receiving from other persons, proper care and attention.

(2) If the medical officer of health certifies in writing to the appropriate authority that he is satisfied after thorough inquiry and consideration that in the interests of any such person as aforesaid residing in the area of the authority, or for preventing injury to the health of, or serious nuisance to, other persons, it is necessary to remove any such person as aforesaid from the premises in which he is residing, the appropriate authority may apply to [F14 the court] for an order the next following subsection.

(3) On any such application the court may, if satisfied on oral evidence of the allegations in the certificate, and that it is expedient so to do, order the removal of the person to whom the application relates, by such officer of the appropriate authority as may be specified in the order, to a suitable hospital or other place in, or within convenient distance of, the area of the appropriate authority, and his detention 5and maintenance therein:

Provided that the court shall not order the removal of a person to any premises, unless either the person managing the premises has been heard in the proceedings or seven clear days’ notice has been given to him of the intended application and of the time and place at which it is proposed to be made.

(4) An order under the last foregoing subsection may be made so as to authorise a person’s detention for any period not exceeding three months, and the court may from time to time by order extend that period for such further period, not exceeding three months, as the court may determine.

(5) An order under subsection (3) of this section may be varied by an order of the court so as to substitute for the place referred to in that subsection such other suitable place in, or within convenient distance of, the area of the appropriate authority as the court may determine, so however that the proviso to the said subsection (3) shall with the necessary modification apply to any proceedings under this subsection.

(6) At any time after the expiration of six clear weeks from the making of an order under subsection (3) or (4) of this section an application may be made to the court by or on behalf of the person in respect of whom the order was made, and on any such application the court may, if in the circumstances it appears expedient so to do, revoke the order.

(7) No application under this section shall be entertained by the court unless, seven clear days before the making of the application, notice has been given of the intended application and of the time and place at which it is proposed to be made—

(a) where the application is for an order under subsection (3) or (4) of this section, to the person in respect of whom the application is made or to some person in charge of him;

(b) where the application is for the revocation of such an order, to the medical officer of health

(8) Where in pursuance of an order under this section a person is maintained neither in hospital accommodation provided by the Minister of Health under [F15 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] or by the Secretary of State under the National Health Service (Scotland) [F16 Act 1978], nor in premises where accommodation is provided by, or by arrangement with, a local authority under Part III of this Act, the cost of his maintenance shall be borne by the appropriate authority.

(9) Any expenditure incurred under the last foregoing subsection shall be recoverable from the person maintained or from any person who for the purposes of this Act is liable to maintain that person; and any expenditure incurred by virtue of this section in connection with the maintenance of a person in premises where accommodation is provided under Part III of this Act shall be recoverable in like manner as expenditure incurred in providing accommodation under the said Part III.

F17 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) Any person who wilfully disobeys, or obstructs the execution of, an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F18 level 1 on the standard scale].

(12) For the purposes of this section, the appropriate authorities shall be the councils of [F19 districts and London boroughs and the Common Council of the City of London][F20 , in Wales the councils of counties and county boroughs] F21 ... , and in Scotland [F22 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F23 (12A) In this section, “the court”—

(a) in England and Wales, means a magistrates' court acting in the local justice area where the premises are situated;

(b) in Scotland, means the sheriff having jurisdiction in the place where the premises are situated.]

(13) The foregoing provisions of this section shall have effect in substitution for any provisions for the like purposes contained in, or having effect under, any public general or local Act passed before the passing of this Act:

Provided that nothing in this subsection shall be construed as affecting any enactment providing for the removal to, or detention in, hospital of persons suffering from notifiable or infectious diseases.

(14) Any notice under this section may be served by post.

Extent Information

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

Textual Amendments

F14 Words in s. 47(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 81(2); S.I. 2005/910, art. 3(y)

F15 Words in s. 47(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 9 (with Sch. 3 Pt. 1)

F16 Words “Act 1978” substituted (S.) for words “Acts 1947 to 1972” by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(a)

F17 S. 47(10) repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F18 Words substituted (E. W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6) and Criminal Justice Act 1982 (c. 48, SIF 139:1), s. 46

F19 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)

F20 Words in s. 47(12) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 2(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F21 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F22 Words in s. 47(12) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(3); S.I. 1996/323, art. 4(1)(b)(c)

F23 S. 47(12A) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 81(3); S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C10 S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1

C11 S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

47 Removal to suitable premises of persons in need of care and attention. S

(1) The following provisions of this section shall have effect for the purposes of securing the necessary care and attention for persons who—

(a) are suffering from grave chronic disease or, being aged, infirm or physically incapacitated, are living in insanitary conditions, and

(b) are unable to devote to themselves, and are not receiving from other persons, proper care and attention.

(2) If the [F77 designated medical officer] certifies in writing to the appropriate authority that he is satisfied after thorough inquiry and consideration that in the interests of any such person as aforesaid residing in the area of the authority, or for preventing injury to the health of, or serious nuisance to, other persons, it is necessary to remove any such person as aforesaid from the premises in which he is residing, the appropriate authority may apply to [F14 the court] for an order the next following subsection.

(3) On any such application the court may, if satisfied on oral evidence of the allegations in the certificate, and that it is expedient so to do, order the removal of the person to whom the application relates, by such officer of the appropriate authority as may be specified in the order, to a suitable hospital or other place in, or within convenient distance of, the area of the appropriate authority, and his detention 5and maintenance therein:

Provided that the court shall not order the removal of a person to any premises, unless either the person managing the premises has been heard in the proceedings or seven clear days’ notice has been given to him of the intended application and of the time and place at which it is proposed to be made.

(4) An order under the last foregoing subsection may be made so as to authorise a person’s detention for any period not exceeding three months, and the court may from time to time by order extend that period for such further period, not exceeding three months, as the court may determine.

(5) An order under subsection (3) of this section may be varied by an order of the court so as to substitute for the place referred to in that subsection such other suitable place in, or within convenient distance of, the area of the appropriate authority as the court may determine, so however that the proviso to the said subsection (3) shall with the necessary modification apply to any proceedings under this subsection.

(6) At any time after the expiration of six clear weeks from the making of an order under subsection (3) or (4) of this section an application may be made to the court by or on behalf of the person in respect of whom the order was made, and on any such application the court may, if in the circumstances it appears expedient so to do, revoke the order.

(7) No application under this section shall be entertained by the court unless, seven clear days before the making of the application, notice has been given of the intended application and of the time and place at which it is proposed to be made—

(a) where the application is for an order under subsection (3) or (4) of this section, to the person in respect of whom the application is made or to some person in charge of him;

(b) where the application is for the revocation of such an order, to the [F77 designated medical officer]

(8) Where in pursuance of an order under this section a person is maintained neither in hospital accommodation provided by the Minister of Health under [F15 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006], or by the Secretary of State under the National Health Service (Scotland) [F16 Act 1978], nor in premises where accommodation is provided by, or by arrangement with, a local authority under Part III of this Act, the cost of his maintenance shall be borne by the appropriate authority.

(9) Any expenditure incurred under the last foregoing subsection shall be recoverable from the person maintained or from any person who for the purposes of this Act is liable to maintain that person; and any expenditure incurred by virtue of this section in connection with the maintenance of a person in premises where accommodation is provided under Part III of this Act shall be recoverable in like manner as expenditure incurred in providing accommodation under the said Part III.

(10) The provisions of section twenty-seven of the M10 National Health Service Act, 1946, and of [F78 section 45 of the National Health Service (Scotland) Act 1978] (which respectively require local health authorities and the Secretary of State to secure that ambulances and other means of transport are available for the conveyance of certain persons) shall apply to the conveyance of persons in respect of whom an order is made under this section as they apply to the conveyance of the persons specified in the said sections twenty-seven and [F79 45].

(11) Any person who wilfully disobeys, or obstructs the execution of, an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F80 level 1 on the standard scale].

(12) For the purposes of this section, the appropriate authorities shall be the councils of [F81 districts and London boroughs and the Common Council of the City of London][F82 , in Wales the councils of counties and county boroughs] F83 ... , and in Scotland [F22 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F23 (12A) In this section, “the court”—

(a) in England and Wales, means a magistrates' court acting in the local justice area where the premises are situated;

(b) in Scotland, means the sheriff having jurisdiction in the place where the premises are situated.]

(13) The foregoing provisions of this section shall have effect in substitution for any provisions for the like purposes contained in, or having effect under, any public general or local Act passed before the passing of this Act:

Provided that nothing in this subsection shall be construed as affecting any enactment providing for the removal to, or detention in, hospital of persons suffering from notifiable or infectious diseases.

(14) Any notice under this section may be served by post.

Extent Information

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

Textual Amendments

F14 Words in s. 47(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 81(2); S.I. 2005/910, art. 3(y)

F15 Words in s. 47(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 9 (with Sch. 3 Pt. 1)

F16 Words “Act 1978” substituted (S.) for words “Acts 1947 to 1972” by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(a)

F22 Words in s. 47(12) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(3); S.I. 1996/323, art. 4(1)(b)(c)

F23 S. 47(12A) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 81(3); S.I. 2005/910, art. 3(y)

F77 Words “designated medical officer” substituted for words “medical officer of health” (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 83

F78 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(b)

F79 “45” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(b)

F80 Words substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C, 289G

F81 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)

F82 Words in s. 47(12) inserted (1.4.1996) by 1994 c. 19, ss. 22(4), Sch. 10 para. 2(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F83 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

Modifications etc. (not altering text)

C23 S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1

C24 S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

Marginal Citations

M10 1946 c. 81.

48 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. E+W

(1) Where a person—

(a) is admitted as a patient to any hospital, or

(b) is admitted to accommodation provided under Part III of this Act, or

(c) is removed to any other place under an order made under subsection (3) of the last foregoing section,

and it appears to the council that there is danger of loss of, or damage to, any movable property of his by reason of his temporary or permanent inability to protect or deal with the property, and that no other suitable arrangements have been or are being made for the purposes of this subsection, it shall be the duty of the council to take reasonable steps to prevent or mitigate the loss or damage.

(2) For the purpose of discharging the said duty, the council shall have power at all reasonable times to enter any premises which immediately before the person was admitted or removed as aforesaid were his place of residence or usual place of residence, and to deal with any movable property of his in any way which is reasonably necessary to prevent or mitigate loss thereof or damage thereto.

(3) A council may recover from a person admitted or removed as aforesaid, or from any person who for the purposes of this Act is liable to maintain him, any reasonable expenses incurred by the council in relation to him under the foregoing provisions of this section.

(4) In this section the expression “council” means in relation to any property or [F24 the council which is the local authority for the purposes of the M1 Local Authority Social Services Act 1970 and] in the area of which the property is for the time being situated.

Extent Information

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

Textual Amendments

F24 Words “the council” to “1970 and” substituted for words “the council” to “islands area” (E.W.) by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(10)

Modifications etc. (not altering text)

C12 S. 48 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

Marginal Citations

M1 1970 c. 42.

48 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. S

(1) Where a person—

(a) is admitted as a patient to any hospital, or

(b) is admitted to accommodation provided under Part III of this Act, or

(c) is removed to any other place under an order made under subsection (3) of the last foregoing section,

and it appears to the council that there is danger of loss of, or damage to, any movable property of his by reason of his temporary or permanent inability to protect or deal with the property, and that no other suitable arrangements have been or are being made for the purposes of this subsection, it shall be the duty of the council to take reasonable steps to prevent or mitigate the loss or damage.

(2) For the purpose of discharging the said duty, the council shall have power at all reasonable times to enter any premises which immediately before the person was admitted or removed as aforesaid were his place of residence or usual place of residence, and to deal with any movable property of his in any way which is reasonably necessary to prevent or mitigate loss thereof or damage thereto.

(3) A council may recover from a person admitted or removed as aforesaid, or from any person who for the purposes of this Act is liable to maintain him, any reasonable expenses incurred by the council in relation to him under the foregoing provisions of this section.

(4) In this section the expression “council” means in relation to any property the council [F84 constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area] the property is for the time being situated.

Extent Information

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

Textual Amendments

F84 Words in s. 48(4) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(4); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C25 S. 48 modified (S.) by Mental Health (Scotland) Act 1985 (c. 36, SIF 85), ss. 92(2), 128, 129

49 Expenses of council officers acting as Receivers. E+W+S

Where an officer of [F25 the council of a county or county borough][F25 any such council as is referred to in section 48(4) of this Act] with the permission of the council applies for appointment under [F26 Part VIII of the M2 Mental Health Act, 1959, as receiver for a patient or as a person otherwise having functions in relation to the property and affairs of a patient], [F27 or applies for an intervention order or for appointment as a guardian under the Adults with Incapacity (Scotland) Act 2000 (asp 4)]the council may defray any expenses incurred by him in connection with the application or the exercise of [F26 such functions], [F27 or his functions under the intervention order or as guardian]in so far as those expenses are not recoverable by him from any other source.

Textual Amendments

F25 Words “any” to “Act” substituted for words “the council” to “borough” (E.W.) by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(11)

F26 Words substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I

F27 Words in s. 49 inserted (S.) (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 8(a)(b); S.S.I. 2001/81, art. 3, Sch. 2

Modifications etc. (not altering text)

C13 S. 49 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

Marginal Citations

M2 1959 c. 72.

[F28 50 Burial or cremation of the dead. S

(1) It shall be the duty of every authority to which this subsection applies to cause to be buried or cremated the body of any person who has died or been found dead in their area, in any case where it appears to the authority that no suitable arrangements for the disposal of the body have been or are being made otherwise than by the authority.

(2) The authorities to which the last foregoing subsection applies are the councils of [F29 districts and London boroughs and the Common Council of the City of London] . . . F30 , and in Scotland [F31 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F32 (3) [F33 Any such council as is referred to in section 48(4) of this Act] may cause to be buried or cremated the body of any deceased person who immediately before his death was being provided with accommodation under Part III of this Act by, or by arrangement with, the council or was living in a hostel provided by the council under section twenty-nine of this Act.]

(4) An authority may recover from the estate of the deceased person or from any person who for the purposes of this Act was liable to maintain the deceased person immediately before his death expenses incurred under subsection (1) . . . F34 [F35 of this section, . . . ]F34 .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(6) Nothing in the foregoing provisions of this section shall affect any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person; and an authority shall not cause a body to be cremated under this section where they have reason to believe that cremation would be contrary to the wishes of the deceased.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F37

Textual Amendments

F28 S. 50 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F29 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)

F30 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F31 Words in s. 50(2) substituted (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 13 para. 31(5); S.I. 1996/323, art. 4(1)(b)(c)

F32 S. 50(3) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F33 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(12)

F34 Words repealed by Social Security Act 1986 (c. 50, SIF 113:3), s. 86, Sch. 11

F35 Words substituted by Social Security Act 1973 (c. 38), Sch. 27 para. 7

F36 S. 50(5) repealed by National Insurance Act 1957 (c. 26), s. 7(2)

F37 S. 50(7) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

Modifications etc. (not altering text)

C14 S. 50(2) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

51 Failure to maintain. E+W+S

(1) Where a person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain for the purposes of this Act, and in consequence of his refusal or neglect . . . F38 accommodation under Part III thereof is provided for, himself or any other person, he shall be guilty of an offence.

(2) For the purposes of this section, a person shall not be deemed to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.

(3) A person guilty of an offence under this section shall be liable on summary conviction—

(a) where . . . F38 the accommodation provided for him, to imprisonment for a term not exceeding three months;

(b) in any other case, to a fine not exceeding [F39 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

Textual Amendments

F38 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F39 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

52 False statements. E+W+S

(1) If any person—

(a) for the purpose of obtaining, either for himself or for another person, any benefit under . . . F40 Part III of this Act; or

(b) for the purpose of avoiding or reducing any liability under this Act,

makes any statement or representation which he knows to be false, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F41 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(2) Notwithstanding anything in any enactment, proceedings for an offence under this section may be begun at any time within three months from the date on which evidence sufficient in the opinion of . . . F40 the local authority concerned to justify a prosecution for the offence comes to the knowledge of the . . . F40 local authority, or within twelve months from the commission of the offence, whichever period is the longer.

(3) For the purposes of the last foregoing subsection, a certificate F40 of the local authority as to the date on which such evidence as aforesaid came to the knowledge of . . . F40 the local authority, as the case may be, shall be conclusive proof thereof.

(4) In the application of this section to Scotland, for the references to evidence sufficient to justify a prosecution there shall be substituted references to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution.

Textual Amendments

F40 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F41 Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C15 S. 52 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

Supplementary U.K.

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42 E+W+S

Textual Amendments

F42 S. 53 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 11

[F43 54 Inquiries. E+W+S

The Minister of Health, or as respects Scotland the Secretary of State, may cause such inquiries to be held as he may deem necessary or desirable for the purposes of this Act.]

Textual Amendments

F43 S. 54 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19), s. 66(1)(2), Sch. 9 para. 5(8), Sch. 10; S.I. 1990/2218, art. 2 Sch. (with art. 3); S.I. 1990/2510, art. 2 Sch.

Modifications etc. (not altering text)

C16 S. 54 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

55 Provisions as to entry and inspection. E+W+S

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

(2) Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F44 level 4 on the standard scale].

Textual Amendments

F44 Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (S.) (1.4.1996) that s. 55(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £10 for a first offence and £20 for a second or subsequent offence

Modifications etc. (not altering text)

C17 S. 55(2) has effect, (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(1), Sch. 6 and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), 289C(1), Sch. 7C as if the maximum fine imposable upon a summary conviction were £500 (instead of the old maximum fine of £10 for a first offence and £20 for a second or subsequent offence) and for “£500” as so substituted there is substituted (E.W.S.) “level 4 on the standard scale” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

56 Legal proceedings. E+W+S

(1) Without prejudice to any other method of recovery, any sum due under this Act . . . F45 to a local authority [F46 (other than a sum due under an order made under section 43 of this Act)] shall be recoverable summarily as a civil debt.

(2) Notwithstanding anything in any Act, proceedings for the recovery of any sum in the manner provided by the last foregoing subsection may be brought at any time within three years after the sum became due.

[F47 (3) Offences under this Act, other than offences under section 47(11) of this Act, may be prosecuted by any council which is a local authority for the purposes of the M3 Local Authority Social Services Act 1970 and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

(5) This section shall apply to Scotland with the omission in subsection (1) thereof of the word “summarily”, with the substitution for subsection (2) thereof of the following subsection—

“(2) Proceedings for the recovery of any such sum as aforesaid shall not be competent after the expiry of three years after the date when the sum became due.”

and with the omission of subsection (3) thereof.

Textual Amendments

F45 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F46 Words inserted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 8

F47 S. 56(3) substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(13)

F48 S. 56(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C18 S. 56 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

C19 S. 56 applied (19.12.2001 for W. and 20.12.2001 for E. and 1.4.2002 for S.) by 2001 c. 15, s. 50(7) (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(2)(a); S.I. 2001/3807, art. 3; S.S.I. 2002/75, art. 2

C20 S. 56(1) restricted by Ministry of Social Security Act 1966 (c. 20), s. 25(1)

Marginal Citations

M3 1970 c. 42.

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49 E+W+S

Textual Amendments

F49 S. 57 repealed (E.W.S.) by Ministry of Social Security Act 1966 (c. 20), Sch. 8 and (N.I.) by S.I. 1977/610 (N.I. 11), Sch.

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50 E+W+S

Textual Amendments

F50 S. 58 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII and by Acquisition of Land Act 1981 (c.67, SIF 28:1), Sch. 6 Pt. II

[F51 59 Accounts of councils of county boroughs. E+W+S

(1) The council of every county borough shall keep accounts of the sums received and expended by them in the exercise of their functions under this Act, and those accounts shall be made up and audited in like manner as the accounts of a county council and shall be kept separately from their other accounts.

(2) The enactments relating to the audit of accounts by a district auditor and to the matters incidental to such audit and consequential thereon shall have effect in relation to the accounts which the council of a county borough are required to keep under this section as they have effect in relation to the accounts of a county council.]

Textual Amendments

F51 S. 59 repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30; amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

60 Compensation of displaced officers. E+W+S

(1) The Minister of Health, or as respects Scotland the Secretary of State, may by regulations provide for the payment by councils of counties, county boroughs and large burghs, subject to any prescribed exceptions or conditions, of compensation—

(a) to persons of such description as may be prescribed who immediately before such date as may be prescribed in relation to the description of persons in question were employed or engaged in such full-time work as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the passing of the M4 National Insurance Acts, 1946, the M5 National Health Service Act, 1946, the M6 National Health Service (Scotland) Act, 1947, or this Act; and

(b) to persons of such descriptions as may be prescribed who, having before such date as aforesaid been employed or engaged in such full-time work as may be prescribed and being persons who would have been so employed or engaged immediately before that date but for any national service (as defined in the regulations) in which they have been engaged, lose the prospect of their re-employment or re-engagement in any such work in consequence of the passing of any of the said Acts,

in so far as provision is not made in that behalf by or under any other enactment.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(3) Regulations under either of the two last foregoing subsections may provide for the determination of questions arising under the regulations.

Textual Amendments

F52 S. 60(2) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

Marginal Citations

M4 1946 c. 67.

M5 1946 c. 81.

M6 1947 c. 27.

61 Expenses and receipts. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(2) All receipts under this Act of the Minister of Health, the Secretary of State . . . F54 shall be paid into the Exchequer.

Textual Amendments

F53 S. 61(1) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F54 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

62 Transitional provisions, consequential adaptation of enactments. E+W+S

(1) The transitional provisions set out in the Sixth Schedule to this Act shall have effect for the purposes of this Act.

(2) Any enactment passed before the passing of this Act which refers to or is dependent on any provision of the existing poor law or the M7 Unemployment Assistance Act, 1934, shall have effect subject to such adaptation as may be provided by regulations of the Minister of Health, or as respects Scotland the Secretary of State, made not later than the expiration of five years from the coming into operation of this section, being adaptations appearing to him consequential on the cesser of the existing poor law or of the provisions of the said Act of 1934 and the replacement thereof by provisions of this Act or of any other Act of the present Session.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(4) Regulations made under subsection (2) of this section shall be of no effect unless approved by resolution of each House of Parliament.

Textual Amendments

F55 S. 62(3) repealed by Statute Law Revision Act 1950 (c. 6)

Marginal Citations

M7 1934 c. 29.

63 Regulations, rules and orders. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

(2) Any power conferred by this Act on a Minister of the Crown or the Treasury to make . . . F57 regulations or rules, and the powers conferred by the following provisions of this Act on the Minister of Health and the Secretary of State to make orders, shall be exercisable by statutory instrument.

(3) Any statutory instrument for exercising a power to make . . . F57 regulations or rules under this Act, . . . F57 , shall be subject to annulment in pursuance of resolution of either House of Parliament.

(4) Any power conferred by this Act to make an order shall, save where the context otherwise requires, be construed as including a power, exercisable in the like manner and subject to the like conditions, to vary or revoke the order.

Textual Amendments

F56 S. 63(1) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F57 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

64 Interpretation. E+W+S

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “blind person” means a person so blind as to be unable to perform any work for which eyesight is essential;

• “child” means a person under the age of sixteen;

• “dependant” has the meaning assigned to it by section seven of this Act;

• “disability” includes mental as well as physical disability;

• “disabled persons’ or old persons’ home” has the meaning assigned to it by section thirty-seven of this Act;

• “existing poor law” means the enactments specified in Part I of the Seventh Schedule to this Act or, as respects Scotland, such of those enactments as apply to Scotland together with the enactments specified in Part II of that Schedule;

• “functions” includes powers and duties;

• “hospital” has the meaning assigned to it by section seventy-nine of the M8 National Health Service Act, 1946, or as respects Scotland by section [F58 108] of the National Health Service (Scotland) Act, [F59 1978];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

• “local authority”, save as provided in Part III of this Act, means the council of a county, [F61 county borough], county district [F62 or London Borough or the Common Council of the City of London] . . . F63 [F64 but in relation to Wales means the council of a county or county borough];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

• “prescribed” means prescribed by regulations under this Act;

• “requirements” does not include any medical, surgical, optical, aural or dental requirements;

• [F66 “trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits Act 1992]

• “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.

(2) References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any enactment, including this Act.

(3) For the purposes of this Act, a person shall be deemed, according to the law in England and Wales as well as according to the law in Scotland, not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth.

Subordinate Legislation Made

P1 S. 64(1): s. 22(4)(with ss. 22(3) and 64(1)) power exercised by S.I.1991/686.

For previous exercises of this power see Index to Government Orders.

Textual Amendments

F58 “108” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F59 “1978” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F60 Definition of “large burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F61 Words repealed (E.W.)retrospectively by Local Government Act 1972 (c. 70, SIF 81:1), s. 159(7) (as added retrospectively by Health Services Act 1980 (c.53, SIF 113:2), s. 23

F62 Words inserted (E.W.)retrospectively by Local Government Act 1972 (c. 70, SIF 81:1), s. 159(7) (as added retrospectively by Health Services Act 1980 (c.53, SIF 113:2), s. 23

F63 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F64 Words in s. 64(1) added (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 2(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F65 Definition of “place of employment” repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F66 Definition of “trade dispute” in s. 64(1) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 1

Marginal Citations

M8 1946 c. 67.

65 General provisions as to application to Scotland. E+W+S

Subject to any express provision contained in this Act, the following provisions shall have effect for the general application thereof to Scotland:—

F67 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) for any reference to a complaint there shall be substituted a reference to an application, and the expression “defendant” means respondent in any such application;

(e) the expression “local authority” means F69 ... a [F70 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F71 (f) any reference however expressed to accommodation provided under Part III thereof shall be construed as a reference to accommodation provided under F72 ... the M9 Social Work (Scotland) Act 1968 [F73 or [F74 section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003],].]

Textual Amendments

F67 S. 65(a)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F68 S. 65(c) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 82, Sch. 10; S.I. 2005/910, art. 3(y)

F69 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F70 Words in s. 65(e) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(6); S.I. 1996/323, art. 4(1)(b)(c)

F71 S. 65(f) added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 16

F72 Words in s. 65(f) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(9)(a); S.I. 1992/2975, art. 2(2), Sch.

F73 Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), Sch. 9 para. 5(9)(b)

F74 Words in s. 65(f) 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. 2(2)

Modifications etc. (not altering text)

C21 Power to modify conferred (S.) (1.4.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2); S.S.I. 2002/170, art. 2(1)

Marginal Citations

M9 1968 c. 49.

66 Application to Isles of Scilly. E+W+S

This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Minister of Health may by order direct.

Modifications etc. (not altering text)

C22 S. 66 amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)(3) and Health Services and Public Health Act 1968 (c. 46), s. 46

67 Provisions as to Northern Ireland. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

(2) Save as expressly provided therein, the provisions of this Act . . . F76 shall not extend to Northern Ireland.

Textual Amendments

F75 S. 67(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F76 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

68 Short title and commencement. E+W+S

(1) This Act may be cited as the National Assistance Act, 1948.

(2) This Act shall come into operation on such day as the Minister of Health, or as respects Scotland the Secretary of State, may by order appoint, and different days may be appointed in relation to different provisions of this Act.

Subordinate Legislation Made

P2 Power of appointment conferred by s. 68(2): fully exercised by S.I. 1948/1207, S.I. 1948/1218, S.I. 1949/1621, S.I. 1949/1667