National Assistance Act 1948

SCHEDULES

F1 FIRST AND SECOND SCHEDULES E+W+S

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Textual Amendments

F1 Schs. 1, 2 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Section 33.

THIRD SCHEDULE E+W+S Administrative Provisions as to Local Authorities

Part I E+W+S

1—8. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 3 paras. 1–8 repealed (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(7), Sch. 3 and (S.) by Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), s. 22, Sch. 6 Pt. III

[F3 Part II] E+W+S

Textual Amendments

F3 Sch. 3 Pt. II repealed (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(7), Sch. 3

Joint Boards E+W+S

9 (1) Where it appears to the Minister to be expedient in the interests of the efficiency of any services provided under Part III of this Act that a joint board should be established for the purpose of performing all or any of the functions under the said Part III of two or more local authorities, the Minister may by order constitute a joint board consisting of members appointed by those authorities and provide for the exercise by the board in lieu of the authorities of such of the said functions as may be specified in the order.

(2) An order under this paragraph shall not be made except after a local inquiry, unless all the authorities concerned have consented to the making of the order.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 3 paras. 9(3), 11(f), 12(b)–(d) repealed by Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), s. 22, Sch. 6 Pt. III

10 A joint board constituted for the purposes of Part III of this Act shall be a body corporate with a common seal . . . F5 .

Textual Amendments

F5 Words repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II

11 An order constituting such a joint board—

(a) may, without prejudice to the provisions of section two hundred and ninety-three of the M1 Local Government Act, 1933, . . . F6 (which authorise the application of the provisions of those Acts to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent local authorities;

(b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and the apportionment of liabilities;

(c) may confer on the board the like powers for the compulsory purchase of land as are exercisable by local authorities;

(d) may provide for the application, with such adaptations as may be specified, of any enactments relating to functions transferred to the board;

(e) may contain such other provisions as appear to the Minister to be expedient for enabling the board to exercise their functions;

[(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 ]

Textual Amendments

F6 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F7 Sch. 3 paras. 9(3), 11(f), 12(b)–(d) repealed by Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), s. 22, Sch. 6 Pt. III

Marginal Citations

M1 1933 c. 51.

Part III E+W+S

Application to Scotland E+W+S

12 The foregoing provisions of this Schedule shall in their application to Scotland have effect subject to the following modifications:—

(a) for any reference to section two hundred and ninety-three of the M2 Local Government Act, 1933, there shall be substituted a reference to section three hundred and sixty-three of the M3 Local Government (Scotland) Act, 1947 . . . F8

(b)—(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F8 Words repealed by Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), s. 22, Sch. 6 Pt. III

F9 Sch. 3 paras. 9(3), 11(f), 12(b)–(d) repealed by Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), s. 22, Sch. 6 Pt. III

Marginal Citations

M2 1933 c. 51.

M3 1947 c. 43.

13 A combination of local authorities in Scotland for the purposes of Part III of this Act may, notwithstanding anything in subsection (5) of section one hundred and twenty of the M4 Local Government (Scotland) Act, 1947, be effected under that section.

Marginal Citations

M4 1947 c. 43.

F10 FOURTH SCHEDULE E+W+S

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Textual Amendments

F10 Sch. 4 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F11 F11 FIFTH SCHEDULE E+W+S

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Textual Amendments

F11 Sch. 5 repealed and superseded by Ministry of Social Security Act 1966 (c. 20), s. 28, Sch. 8

SIXTH SCHEDULE E+W+S Transitional Provisions

Modifications etc. (not altering text)

C1 Sch. 6 restricted by Children Act 1948 (c. 43), Sch. 2 para. 12

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 6 para. 1 repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

2, 3. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 6 paras. 2, 3 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

4, 5. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Sch. 6 paras. 4, 5 repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. XIX

6 (1) Any land which immediately before the appointed day was held by the council of a county or county borough for the purposes of any enactment repealed by this Act, or which on the appointed day vests in or thereafter is transferred to the council of a county or county borough by virtue of this Schedule, shall save as otherwise provided in this Schedule be deemed to have been appropriated for such of the purposes of this Act as the council may determine. E+W+S

(2) Any right of a council of a county or county borough subsisting immediately before the appointed day to use land for the purposes of any enactment repealed by this Act shall on and after the appointed day continue to subsist as a right to use the land for such of the purposes of this Act as the council may determine, subject however to the cesser of the right in any event (other than the repeal of the said enactment) in which it would have ceased apart from this sub-paragraph.

[F15 (3) Nothing in this paragraph shall affect the provisions of the M5 National Health Service Act, 1946, or the M6 National Health Service (Scotland) Act, 1947, as to the transfer and vesting of hospitals.]

(4) In this paragraph the expression “land” includes any interest in land and any easement, servitude or right in, to or over land.

Textual Amendments

F15 Sch. 6 para. 6(3) repealed (E.W.) by National Health Services Reorganisation Act 1973 (c. 32), s. 57, Sch. 5

Modifications etc. (not altering text)

C2 Sch. 6 para. 6 extended by S.I. 1981/1837, art. 16

Marginal Citations

M5 1946 c. 81.

M6 1947 c. 27.

7 (1) Where immediately before the appointed day any premises being part of a workhouse were being used for hospital purposes, but the workhouse as a whole was mainly being used for other purposes, subsection (2) of section six of the Act of 1946 (which provides for the transfer to the Minister of Health of hospitals and property and liabilities connected therewith) shall not apply in relation to the premises, but—

(a) the local authority by which the workhouse was provided shall to the satisfaction of the Minister of Health enter into arrangements with the Regional Hospital Board whereby, until the said Minister otherwise determines, the like accommodation shall be available for the provision of hospital and specialist services under the Act of 1946 as was available for hospital purposes immediately before the appointed day, and such facilities in relation to the accommodation made available shall be afforded by the local authority as may be necessary for the purposes of the Act of 1946;

(a) the Regional Hospital Board shall make to the local authority such payments in respect of accommodation and facilities as may be agreed between the authority and the Board, or in default of agreement as may be determined by the Minister of Health.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

[F19 (5) any expenditure of an Area or District Health Authority under head (b) of sub-paragraph (1) of this paragraph shall be deemed for the purposes of section 97(1) of the National Health Service Act 1977 to be expenditure of such an authority approved by the Secretary of State as mentioned in that section.]

Textual Amendments

F16 Sch. 6 para. 7(2) repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I and Mental Health (Scotland) Act 1960 (c. 61), Sch. 5

F17 Sch. 6 para. 7(3) repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I

F18 Sch. 6 para.7(4) repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. XIX

F19 Sch. 6 para. 7(5) substituted by S.I. 1981/1837, art. 16

Modifications etc. (not altering text)

C3 Sch. 6 para. 7 extended by S.I. 1981/1837, art. 16

8 (1) Where any premises being part of a workhouse were immediately before the appointed day being used otherwise than for hospital purposes, but the workhouse as a whole was mainly being used for hospital purposes, the entirety of the workhouse shall be treated as a hospital for the purposes of the Act of 1946, and shall be transferred to and vest in the Minister of Health under that Act accordingly, and no apportionment of interests shall be made under paragraph (a) of subsection (5) of section six of that Act:

Provided that nothing in this sub-paragraph shall extend the operation of the provisions of section sixty-eight of that Act or regulations made thereunder as to the transfer of officers.

(2) Where a workhouse is transferred to and vests in the Minister under the Act of 1946, and immediately before it so vested accommodation was being used therein for the relief under the M7 Poor Law Act, 1930, of persons not in need of reception into hospital—

(a) the Regional Hospital Board shall to the satisfaction of the Minister of Health enter into arrangements with the local authority by which the workhouse was provided whereby, until the Minister otherwise determines, the like accommodation shall be available for the purposes of section twenty-one of this Act [F20 or of Part II of the M8 Children Act, 1948,] as was immediately before the appointed day available for the relief of persons not in need of reception into hospital, and such facilities in relation to the accommodation shall be afforded as may be requisite for those purposes, and

(b) the local authority shall make to the Regional Hospital Board such payments in respect of the accommodation and facilities as may be agreed between the authority and the Board or, in default of agreement, as may be determined by the Minister of Health.

(3) Where any part of the accommodation first referred to in the last foregoing sub-paragraph was being used immediately before the appointed day for the reception or relief of casual poor persons, then, if the Minister of Health after consultation with the National Assistance Board so directs, that sub-paragraph shall apply separately in relation to that part of the accommodation, and shall so apply with the substitution for the reference to section twenty-one of this Act of a reference to section seventeen thereof; and where the Minister gives a direction under this sub-paragraph—

(a) he shall not determine the arrangements made in pursuance of the direction except after consultation with [F21 the Minister of Social Security];

(b) so long as those arrangements continue in force the local authority shall maintain in the accommodation provided in pursuance of the arrangements [F22 a place for the like purposes as a resettlement unit maintained by the Secretary of State, and that place][F21 shall be deemed to be provided by the local authority in pursuance of a requirement under paragraph 2(2) of [F23 Schedule 5 to the Supplementary Benefits Act 1976]];

(c) expenditure incurred by the local authority in making payments in accordance with head (b) of sub-paragraph (2) of this paragraph shall be deemed for the purposes of [F21 paragraph 2(3) of the said Schedule to have been incurred with the approval of that Commission.]

(4) Accommodation provided under section twenty-one of this Act in pursuance of arrangements under this paragraph shall be deemed to be provided by the local authority in premises managed by them.

Textual Amendments

F20 Words inserted by Children Act 1948 (c. 43), Sch. 3

F21 Words substituted by Ministry of Social Security Act 1966 (c. 20), Sch. 6 para. 11

F22 Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), s. 20(1), Sch. 4 para. 2(3)

F23 Words substituted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 6(b)

Modifications etc. (not altering text)

C4 Sch. 6 para. 8 extended by S.I. 1981/1837, art. 16

C5 Functions of the Minister of Social Security now exercisable by Secretary of State: S.I. 1968/1699

Marginal Citations

M7 1930 c. 17.

M8 1948 c. 43.

9 (1) In this and the two last foregoing paragraphs the following expressions have the meanings hereby assigned to them respectively:—

• “hospital purposes”, in relation to any premises, means purposes such that if the premises were a separate institution they would be a hospital as defined by section seventy-nine of the Act of 1946;

• “lunacy order” and “mental hospital” means respectively an order under the Lunacy and Mental Treatment Acts, 1890 to 1930, and a mental hospital for the purposes of those Acts;

• “mental deficiency order” and “institution for defectives” mean respectively an order under the Mental Deficiency Acts, 1913 to 1938, and an institution for defectives for the purposes of those Acts;

• “the Act of 1946” means the M9 National Health Service Act, 1946;

• “workhouse” means a workhouse, as defined in the M10 Poor Law Act, 1930, provided by a local authority.

(2) The question whether any premises fall within sub-paragraph (1) of paragraph 7 or sub-paragraph (1) of paragraph 8 of this Schedule shall be determined by agreement between the local authority and the Regional Hospital Board, or in default of agreement by the Minister of Health.

(3) In the application of this and the two last foregoing paragraphs to Scotland—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(b) paragraph 9 shall have effect as if at the end of the definition in sub-paragraph (1) of the expression “hospital purposes” there were added the following words “and includes the purposes for which the lunatic ward of a poorhouse licensed under section three of the M11 Lunacy (Scotland) Act, 1862, is used”;

(c) for references to the Act of 1946 and to sections sixty-eight and seventy-nine thereof there shall be respectively substituted references to the M12 National Health Service (Scotland) Act, [F25 1947][F25 1978], and to sections [F26 sixty-seven and eighty][F26 108 and paragraph 8 of Schedule 15] thereof.

Textual Amendments

F24 Sch. 6 para. 9(3)(a) repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5

F25 “1978” substituted (S.) for “1947” by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(3)

F26 Words “108 and paragraph 8 of Schedule 15” substituted respectively (S.) for words “sixty-seven and eighty” by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(3)

Marginal Citations

M9 1946 c. 81.

M10 1930 c. 17.

M11 1862 c. 54.

M12 1947 c. 27.

10 (1) Where immediately before the appointed day a person was receiving relief in a workhouse within the meaning of the M13 Poor Law Act, 1930, then, if he is in need of accommodation under Part III of this Act, the authority liable to provide the accommodation shall, so long as the need continues, be the authority by which the relief was given. E+W+S

(2) If immediately before the appointed day the cost of the relief referred to in the last foregoing sub-paragraph was recoverable from another authority, the authority giving relief shall have the like right to recover from the other authority the cost of any accommodation provided by virtue only of the last foregoing sub-paragraph.

(3) In respect of accommodation provided as aforesaid an authority shall be entitled to recover cost from another authority in accordance with the last foregoing sub-paragraph and not otherwise, but nothing in this paragraph shall affect any right of recovery from any other person.

(4) References in the foregoing provisions of this paragraph to the authority giving relief shall be construed, where the authority to whom application for relief was made and the authority managing the workhouse were not the same, as references to the authority to whom the application was made.

Marginal Citations

M13 1930 c. 17.

11 E+W+S Where immediately before the appointed day a person was being maintained, in pursuance of an arrangement made by an authority in the exercise of functions under the M14 Poor Law Act, 1930, in premises not managed by a local authority, that arrangement shall for the purposes of section twenty-six of this Act be deemed, so far as it relates to the said person and until he ceases to be maintained in the premises, to be an arrangement under subsection (1) thereof, notwithstanding that the premises are not managed by a voluntary organisation.

Marginal Citations

M14 1930 c. 17.

12, 13. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 Sch. 6 paras. 12, 13, 17 and 19(3) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

14 E+W+S Where immediately before the appointed day the fact that a person was living in any place was to be disregarded in determining, for the purposes of any enactment repealed by this Act, his residence or ordinary residence, that fact shall be disregarded in determining his ordinary residence for the purposes of this Act.

15 E+W+S Where any right of a local authority to recover any sum from another local authority depends upon the determination under the M15 Poor Law Act, 1930, of any question as to settlement, removal or chargeability of any person pending at the appointed day, section one hundred and five of the said Act of 1930 (which provides for the recovery of the cost of relief by one council from another) shall continue to apply, but as if for proviso (b) to subsection (1) thereof (which excludes the provisions of that section where a removal order is refused on grounds of irremovability) there were substituted—

“(b) this section shall not apply where the person whose settlement is in question has acquired a status of irremovability in the area of the local authority seeking to recover the cost of his relief.”

Marginal Citations

M15 1930 c. 17.

16 E+W+S Where on the appointed day a local authority in Scotland hold as trustees any property wholly or mainly for the use or benefit of the poor (within the meaning of section fifty-two of the M16 Poor Law (Scotland) Act, 1845) of the whole or any part of their area, they shall hold and apply the property or the income thereof to such charitable purposes for the use and benefit of the persons for whom it is the duty of the local authority to make provision or arrangements under Part III of this Act as the authority may think fit.

Marginal Citations

M16 1845 c. 83.

17 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

F28 Sch. 6 paras. 12, 13, 17 and 19(3) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

18 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F29 Sch. 6 para. 18 repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

19 (1) Notwithstanding anything in subsection (2) of section thirty-eight of the M17 Interpretation Act, 1889 (which contains savings for vested rights and liabilities on the repeal of enactments), a person shall not by virtue of any enactment repealed by this Act be under any liability (whether under an order of the court or otherwise) as respects any period after the appointed day to maintain any person whom he is not liable to maintain for the purposes of this Act. E+W+S

(2) Except as otherwise provided by the last foregoing sub-paragraph, any order of court or agreement made before the appointed day by virtue of which payments are required to be made to a local authority in respect of the relief or maintenance of any person while he remains chargeable to that authority under the existing poor law shall have effect, so long as accommodation is provided for him under Part III of this Act by that authority . . . F30 , as if he were so chargeable.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

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

F31 Sch. 6 paras. 12, 13, 17 and 19(3) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

Marginal Citations

M17 1889 c. 63.

20 (1) For the purposes of any provision of this Schedule the expression “the appointed day” means such day appointed by the order under subsection (2) of section sixty-eight of this Act as may be specified in the order in relation to the provision in question. E+W+S

(2) References in this Schedule to a workhouse within the meaning of the M18 Poor Law Act, 1930, include, in relation to London, references to an asylum provided under section one hundred and twenty-three of that Act.

Marginal Citations

M18 1930 c. 17.

21 E+W+S The following provisions shall have effect for the purpose of the application of this Schedule to Scotland:—

(a) for references to the Minister of Health there shall be substituted references to the Secretary of State;

(b) for references to a county borough there shall be substituted references to a large burgh;

(c) for references to the M19 Poor Law Act, 1930, there shall be substituted references to the enactments relating to the relief of the poor in Scotland, and the expression “workhouse” means poorhouse;

(d) any reference to the local authority by which a poorhouse was provided shall include a reference to a combination of local authorities;

(e) paragraphs 12, 13 and 15 shall not apply.

Marginal Citations

M19 1930 c. 17.

F32 F32 SEVENTH SCHEDULE E+W+S

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Textual Amendments

F32 Sch. 7 repealed by Statute Law Revision Act 1950 (c. 6)