National Assistance Act 1948

X1 Part IV E+W+S General and Supplementary

Editorial Information

X1 [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

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C1 Pt. 4 saved by Mental Health Act 1959 (c. 72), s. 8(3) (which affecting provision is repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1)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F1 Ss. 37–40 repealed by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2

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F2 S. 41 repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1 Appendix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

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F3 S. 42 repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(a), 79(3); S.S.I. 2007/334, art. 2(b), Sch. 2

F4 S. 42 repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)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

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F5 S. 43 repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 62(1)(a), 79(3); S.S.I. 2007/334, art. 2(b), Sch. 2

F6 S. 43 repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(a), 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(a)(c); S.I.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F7 S. 44 repealed (S.) by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), s. 10(2), Sch. 2 and (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4),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

[F8 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) F9 ... a local authority incur any expenditure under F9 ... Part III of this Act, or

(b) any sum recoverable under this Act by F9 ... a local authority is not recovered,

the F9 ... authority shall be entitled to recover the amount thereof from the said person.

F10 (2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F9 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F10 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 F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F11 S. 46 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F12 F8 47 Removal to suitable premises of persons in need of care and attention. E+W+S

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Textual Amendments

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F12 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

F8 48 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. E+W

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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

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

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, F75 ...

F75 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and it appears to the council[F76 , 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, [F77 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 F78 ... 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 [F79 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

F75 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

F76 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))

F77 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))

F78 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

F79 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)

C12 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 [F13 the council of a county or county borough] [F13 [F14 a county council in England, a district council for an area in England for which there is no county council, a London borough council or the Common Council of the City of London,]] with the permission of the council [F15 applies for appointment by the Court of Protection as a deputy], [F16 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 [F17 his functions as deputy], [F16 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

F13 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)

F14 Words in s. 49 substituted (W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(2)

F15 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)

F16 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

F17 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)

C4 S. 49 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

[F18 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 [F19 districts and London boroughs and the Common Council of the City of London] F20 ... , and in Scotland [F21 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F22 (3) [F23 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 F24 ... expenses incurred under subsection (1) F25 ... [F26 of this section, F25 ... ].

F27 (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.

F28 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F18 S. 50 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

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

F20 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F21 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)

F22 S. 50(3) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F23 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(12)

F24 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

F25 Words repealed by Social Security Act 1986 (c. 50, SIF 113:3), s. 86, Sch. 11

F26 Words substituted by Social Security Act 1973 (c. 38), Sch. 27 para. 7

F27 S. 50(5) repealed by National Insurance Act 1957 (c. 26), s. 7(2)

F28 S. 50(7) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

Modifications etc. (not altering text)

C5 S. 50(2) extended as to London by London Government Act 1963 (c. 33), s. 46(4)

[F8 51 Failure to maintain. E+W+S

(1) Where a person persistently refuses or neglects to maintain himself F29 ... , and in consequence of his refusal or neglect F30 ... accommodation under Part III thereof is provided for [F31 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 F32 ... 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 [F33 to imprisonment for a term not exceeding 3 months]—

[F34 (a) F35 ... to imprisonment for a term not exceeding three months;

F36 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]]

Textual Amendments

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F29 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)

F30 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F31 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)

F32 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)

F33 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

F34 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

F35 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)

F36 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)

[F8 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 F37 ... 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 [F38 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 F37 ... the local authority concerned to justify a prosecution for the offence comes to the knowledge of the F37 ... 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 F37 ... of the local authority as to the date on which such evidence as aforesaid came to the knowledge of F37 ... 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

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F37 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F38 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)

C6 S. 52 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

Supplementary U.K.

53 F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F39 S. 53 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 11

F40 54 Inquiries. E+W+S

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Textual Amendments

F40 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.

[F8 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 [F41 level 4 on the standard scale].]

Textual Amendments

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F41 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)

C7 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

[F8 56 Legal proceedings. E+W+S

(1) Without prejudice to any other method of recovery, any sum due under this Act F42 ... to a local authority F43 ... 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.

[F44 (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 M1 Local Authority Social Services Act 1970 [F45 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.]

F46 (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

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F42 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F43 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)

F44 S. 56(3) substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(13)

F45 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))

F46 S. 56(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C8 S. 56 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

C9 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

C10 S. 56(1) restricted by Ministry of Social Security Act 1966 (c. 20), s. 25(1)

Marginal Citations

M1 1970 c. 42.

57 F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F47 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 F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F48 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

[F49 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

F49 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)

[F8 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 M2 National Insurance Acts, 1946, the M3 National Health Service Act, 1946, the M4 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.

F50 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F50 S. 60(2) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

Marginal Citations

M2 1946 c. 67.

M3 1946 c. 81.

M4 1947 c. 27.

[F8 61 Expenses and receipts. E+W+S

F51 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) All receipts under this Act of the Minister of Health, the Secretary of State F52 ... shall be paid into the Exchequer.]

Textual Amendments

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F51 S. 61(1) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F52 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

[F8 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 M5 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.

F53 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F53 S. 62(3) repealed by Statute Law Revision Act 1950 (c. 6)

Marginal Citations

M5 1934 c. 29.

[F8 63 Regulations, rules and orders. E+W+S

F54 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any power conferred by this Act on a Minister of the Crown or the Treasury to make F55 ... 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 F55 ... regulations or rules under this Act, F55 ... , 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

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F54 S. 63(1) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F55 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

[F8 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 M6 National Health Service Act, 1946, or as respects Scotland by section [F56 108] of the National Health Service (Scotland) Act, [F57 1978];

• F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local authority”, save as provided in Part III of this Act, [F59 means the council of a county or county borough in Wales];

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

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

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

• [F61 “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

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F56 “108” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F57 “1978” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)

F58 Definition of “large burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F59 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))

F60 Definition of “place of employment” repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F61 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

M6 1946 c. 67.

[F8 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:—

F62 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63 (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 F64 ... a [F65 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F66 (f) any reference however expressed [F67 in sections 22(2) to (8) and 26(2) to (4) of this Act] to accommodation provided under Part III [F68 of this Act] shall be construed as a reference to accommodation provided under F69 ... the M7 Social Work (Scotland) Act 1968 [F70 or [F71 section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003],].]]

Textual Amendments

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F62 S. 65(a)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F63 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)

F64 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F65 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)

F66 S. 65(f) added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 16

F67 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

F68 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

F69 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.

F70 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)

F71 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)

C11 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

M7 1968 c. 49.

F72 66. Application to Isles of Scilly. E+W+S

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

Textual Amendments

F72 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))

[F8 67 Provisions as to Northern Ireland. U.K.

F73 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Save as expressly provided therein, the provisions of this Act F74 ... shall not extend to Northern Ireland.]

Textual Amendments

F8 Pt. 4 omitted (except ss. 49, 68) (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 9(1) [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. paras. 1-10]

F73 S. 67(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F74 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