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C1 Pt. 4 saved by Mental Health Act 1959 (c. 72), s. 8(3) (which affecting provision is repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1)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F1 Ss. 37–40 repealed by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2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F2 S. 41 repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1 Appendix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

F3 F4 42 Liability to maintain wife or husband and children. E+W+S

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

Textual Amendments

F3 S. 42 repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(a), 79(3); S.S.I. 2007/334, art. 2(b), Sch. 2

F4 S. 42 repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F5 F6 43 Recovery of cost of assistance from persons liable for maintenance. E+W+S

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

Textual Amendments

F5 S. 43 repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(a), 79(3); S.S.I. 2007/334, art. 2(b), Sch. 2

F6 S. 43 repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(a), 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(a)(c); S.I. 2009/631, art. 2(a)(c)

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 S. 44 repealed (S.) by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), s. 10(2), Sch. 2 and (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4),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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 a local authority incur any expenditure under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 Part III of this Act, or

(b) any sum recoverable under this Act by . . . F8 a local authority is not recovered,

the . . . F8 authority shall be entitled to recover the amount thereof from the said person.

(2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F8 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F9 S. 45(2)–(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C2 S. 45 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C3 S. 45 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

Miscellaneous E+W+S

46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 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+S

[F11 (1) The following provisions of this section shall have effect for the purposes of securing the necessary care and attention for persons [F12 in Wales] 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.

[F13 (1A) But this section does not apply to a person (“P”) in either of the following cases.

(1B) The first case is where an order of the Court of Protection authorises the managing authority of a hospital or care home (within the meaning of Schedule A1 to the Mental Capacity Act 2005) to provide P with proper care and attention.

(1C) The second case is where—

(a) an authorisation under Schedule A1 to the Mental Capacity Act 2005 is in force, or

(b) the managing authority of a hospital or care home are under a duty under paragraph 24 of that Schedule to request a standard authorisation, and

P is, or would be, the relevant person in relation to the authorisation.]

(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 F17 ... ; 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.

F18 (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 [F19 level 1 on the standard scale].

(12) For the purposes of this section, the appropriate authorities shall be F20 ... [F21 in Wales the councils of counties and county boroughs] F22 ... , and in Scotland [F23 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F24 (12A) In this section, “the court”—

(a) in F25 ... 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.]

Textual Amendments

F11 S. 47 repealed (S.) (29.10.2008) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2008/314, art. 2

F12 Words in s. 47(1) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 6(2) (with arts. 1(3), 3)

F13 S. 47(1A)-(1C) inserted (1.4.2009) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 9 para. 12 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(e)

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 Words in s. 47(9) repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(b), 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(a)(c); S.I. 2009/631, art. 2(a)(c)

F18 S. 47(10) repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

F19 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

F20 Words in s. 47(12) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 6(3) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F21 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

F22 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F23 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)

F24 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)

F25 Words in s. 47(12A)(a) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 6(4) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

Modifications etc. (not altering text)

C4 S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1

C5 S. 47 excluded (1.4.2015) by Care Act 2014 (c. 23), ss. 46, 127(1); S.I. 2015/993, art. 2(o) (with transitional provisions in S.I. 2015/995)

C6 S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

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[F26 , in the case of any moveable property of that person that is for the time being situated in Wales,] that there is danger of loss of, or damage to, [F27 the property] 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 F28 ... 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 [F29 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

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

Textual Amendments

F26 Words in s. 48(1) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 7(a) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F27 Words in s. 48(1) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 7(b) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F28 Words in s. 48(3) repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(c), 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(a)(c); S.I. 2009/631, art. 2(a)(c)

F29 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)

C7 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, F91 ...

F91 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and it appears to the council[F26 , in the case of any moveable property of that person that is for the time being situated in Wales,] that there is danger of loss of, or damage to, [F27 the property] 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 F92 ... 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 [F93 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

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

Textual Amendments

F26 Words in s. 48(1) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 7(a) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F27 Words in s. 48(1) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 7(b) (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F91 S. 48(1)(c) and preceding word repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), sch. 2

F92 Words in s. 48(3) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), sch. 2

F93 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)

C17 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 [F30 the council of a county or county borough][F30 any such council as is referred to in section 48(4) of this Act] with the permission of the council [F31 applies for appointment by the Court of Protection as a deputy], [F32 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 [F33 his functions as deputy], [F32 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

F30 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)

F31 Words in s. 49 substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 6(a) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F32 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

F33 Words in s. 49 substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 6(b) (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

Modifications etc. (not altering text)

C8 S. 49 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

[F34 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 [F35 districts and London boroughs and the Common Council of the City of London] . . . F36 , and in Scotland [F37 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F38 (3) [F39 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 F40 ... expenses incurred under subsection (1) F41 . . . [F42 of this section, F41 . . . ].

F43 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F44

Textual Amendments

F34 S. 50 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F35 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)

F36 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F37 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)

F38 S. 50(3) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F39 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(12)

F40 Words in s. 50(4) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), sch. 2

F41 Words repealed by Social Security Act 1986 (c. 50, SIF 113:3), s. 86, Sch. 11

F42 Words substituted by Social Security Act 1973 (c. 38), Sch. 27 para. 7

F43 S. 50(5) repealed by National Insurance Act 1957 (c. 26), s. 7(2)

F44 S. 50(7) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

Modifications etc. (not altering text)

C9 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 F45 ... , and in consequence of his refusal or neglect F46 ... accommodation under Part III thereof is provided for [F47 him ], 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 F48 ... 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 [F49 to imprisonment for a term not exceeding 3 months]—

[F50 (a) F51 ... to imprisonment for a term not exceeding three months;

F52 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F45 Words in s. 51(1) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2; and repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(d), 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(a)(c); S.I. 2009/631, art. 2(a)(c)

F46 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F47 Word in s. 51(1) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(b)(i); S.S.I. 2007/334, art. 2(b), Sch. 2; and substituted (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(3), 170(3)(4) (with Sch. 13); S.I. 2009/462, art. 4(a); S.I. 2009/631, art. 2(a)

F48 Words in s. 51(2) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2; and repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F49 Words in s. 51(3) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(b)(ii); S.S.I. 2007/334, art. 2(b), Sch. 2

F50 S. 51(3)(a)(b) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2

F51 Words in s. 51(3)(a) repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F52 S. 51(3)(b) repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

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 . . . F53 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 [F54 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 . . . F53 the local authority concerned to justify a prosecution for the offence comes to the knowledge of the . . . F53 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 F53 of the local authority as to the date on which such evidence as aforesaid came to the knowledge of . . . F53 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

F53 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F54 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)

C10 S. 52 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

Supplementary U.K.

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55 E+W+S

Textual Amendments

F55 S. 53 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 11

[F56 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

F56 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)

C11 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 [F57 level 4 on the standard scale].

Textual Amendments

F57 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)

C12 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 F58 ... to a local authority F59 ... 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.

[F60 (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 M2 Local Authority Social Services Act 1970 [F61 in Wales] and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.]

F62 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F58 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F59 Words in s. 56(1) repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F60 S. 56(3) substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(13)

F61 Words in s. 56(3) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 8 (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F62 S. 56(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C13 S. 56 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

C14 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

C15 S. 56(1) restricted by Ministry of Social Security Act 1966 (c. 20), s. 25(1)

Marginal Citations

M2 1970 c. 42.

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63 E+W+S

Textual Amendments

F63 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64 E+W+S

Textual Amendments

F64 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

[F65 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

F65 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 M3 National Insurance Acts, 1946, the M4 National Health Service Act, 1946, the M5 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

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

Textual Amendments

F66 S. 60(2) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

Marginal Citations

M3 1946 c. 67.

M4 1946 c. 81.

M5 1947 c. 27.

61 Expenses and receipts. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(2) All receipts under this Act of the Minister of Health, the Secretary of State . . . F68 shall be paid into the Exchequer.

Textual Amendments

F67 S. 61(1) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F68 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 M6 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(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

F69 S. 62(3) repealed by Statute Law Revision Act 1950 (c. 6)

Marginal Citations

M6 1934 c. 29.

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

(2) Any power conferred by this Act on a Minister of the Crown or the Treasury to make . . . F71 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 . . . F71 regulations or rules under this Act, . . . F71 , 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

F70 S. 63(1) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F71 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 M7 National Health Service Act, 1946, or as respects Scotland by section [F72 108] of the National Health Service (Scotland) Act, [F73 1978];

• F74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local authority”, save as provided in Part III of this Act, [F75 means the council of a county or county borough in Wales];

• F76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• [F77 “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

F72 “108” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F73 “1978” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F74 Definition of “large burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F75 Words in s. 64(1) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 9 (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F76 Definition of “place of employment” repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F77 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

M7 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:—

F78 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79 (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 F80 ... a [F81 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F82 (f) any reference however expressed [F83 in sections 22(2) to (8) and 26(2) to (4) of this Act] to accommodation provided under Part III [F84 of this Act] shall be construed as a reference to accommodation provided under F85 ... the M8 Social Work (Scotland) Act 1968 [F86 or [F87 section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003],].]

Textual Amendments

F78 S. 65(a)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F79 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)

F80 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F81 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)

F82 S. 65(f) added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 16

F83 Words in s. 65(f) inserted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(b)(i), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2

F84 Word in s. 65(f) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(b)(ii), 79(3); S.S.I. 2007/334, art. 2(b), sch. 2

F85 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.

F86 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)

F87 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)

C16 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

M8 1968 c. 49.

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

[F88 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. ]

Textual Amendments

F88 S. 66 ceases to have effect (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 10 (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

67 Provisions as to Northern Ireland. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

(2) Save as expressly provided therein, the provisions of this Act . . . F90 shall not extend to Northern Ireland.

Textual Amendments

F89 S. 67(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F90 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