Modifications etc. (not altering text)
C1Pt. 4 saved by Mental Health Act 1959 (c. 72), s. 8(3) (which affecting provision is repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1)
Textual Amendments
F1S. 46 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
[F2(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.
[F3(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 [F4the 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 [F5the 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) [F6Act 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 F7... ; 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.
F8(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 [F9level 1 on the standard scale].
(12)For the purposes of this section, the appropriate authorities shall be the councils of [F10districts and London boroughs and the Common Council of the City of London][F11, in Wales the councils of counties and county boroughs] F12... , and in Scotland [F13councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
[F14(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.]
Textual Amendments
F2S. 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
F3S. 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)
F4Words 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)
F5Words 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)
F6Words “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)
F7Words 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)
F8S. 47(10) repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5
F9Words 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
F10Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)
F11Words 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
F12Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F13Words 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)
F14S. 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)
C2S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1
C3S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)
(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 F15... 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 [F16the council which is the local authority for the purposes of the M1Local Authority Social Services Act 1970 and] in the area of which the property is for the time being situated.
Extent Information
E1This version of the provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F15Words 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)
F16Words “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)
C4S. 48 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
Marginal Citations
(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, F42...
F42(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F43... 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 [F44constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area] the property is for the time being situated.
Extent Information
E2This version of the provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F42S. 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
F43Words 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
F44Words 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)
C8S. 48 modified (S.) by Mental Health (Scotland) Act 1985 (c. 36, SIF 85), ss. 92(2), 128, 129
Where an officer of [F17the council of a county or county borough][F17any such council as is referred to in section 48(4) of this Act] with the permission of the council [F18applies for appointment by the Court of Protection as a deputy], [F19or 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 [F20his functions as deputy], [F19or 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
F17Words “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)
F18Words 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)
F19Words 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
F20Words 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)
C5S. 49 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
(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 [F22districts and London boroughs and the Common Council of the City of London] . . . F23, and in Scotland [F24councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
[F25(3)[F26Any 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 F27... expenses incurred under subsection (1) F28. . . [F29of this section, F28. . . ].
F30(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F31
Textual Amendments
F21S. 50 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
F22Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)
F23Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F24Words 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)
F25S. 50(3) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
F26Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(12)
F27Words 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
F28Words repealed by Social Security Act 1986 (c. 50, SIF 113:3), s. 86, Sch. 11
F29Words substituted by Social Security Act 1973 (c. 38), Sch. 27 para. 7
F30S. 50(5) repealed by National Insurance Act 1957 (c. 26), s. 7(2)
F31S. 50(7) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
Modifications etc. (not altering text)
C6S. 50(2) extended as to London by London Government Act 1963 (c. 33), s. 46(4)
(1)Where a person persistently refuses or neglects to maintain himself F32... , and in consequence of his refusal or neglect F33... accommodation under Part III thereof is provided for [F34him ], 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 F35... 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 [F36to imprisonment for a term not exceeding 3 months]—
[F37(a)F38... to imprisonment for a term not exceeding three months;
F39(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
Textual Amendments
F32Words 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)
F33Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F34Word 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)
F35Words 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)
F36Words 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
F37S. 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
F38Words 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)
F39S. 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)
(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 [F41level 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
F40Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F41Words 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)
C7S. 52 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)