National Assistance Act 1948

SCHEDULES

F1 FIRST AND SECOND SCHEDULES E+W+S

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Textual Amendments

F1 Schs. 1 and 2 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8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

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

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F2 Sch. 3 paras. 1–8 repealed (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(7), Sch. 3 and (S.) by Local Government and Miscellaneous Financial Provisions (Scotland) Act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 II repealed (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(7), Sch. 3 and (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

11 An order constituting such a joint board—

(a) may, without prejudice to the provisions of section two hundred and ninety-three of the Local Government Act, 1933, . . . (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 Part III] E+W+S

Textual Amendments

F8 Pt. III repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

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 Local Government Act, 1933, there shall be substituted a reference to section three hundred and sixty-three of the Local Government (Scotland) Act, 1947 . . .

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

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 Local Government (Scotland) Act, 1947, be effected under that section.

F11 FOURTH SCHEDULE E+W+S

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Textual Amendments

F11 Sch. 4 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F12 F12 FIFTH SCHEDULE E+W+S

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Textual Amendments

F12 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 6 para. 1 repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

2, 3. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Sch. 6 paras. 2, 3 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

4, 5. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 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.

[F16 (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

F16 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.

F17 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 6 para. 7 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III , para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16)

F18 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 6 para. 8 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III, para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16

F19 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 6 para. 9 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III, para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16

10 (1) Where immediately before the appointed day a person was receiving relief in a workhouse within the meaning of the M7 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

M7 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 M8 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

M8 1930 c. 17.

12, 13. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 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 M9 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

M9 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 M10 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

M10 1845 c. 83.

17 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 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 M11 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 . . . F23 , as if he were so chargeable.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F23 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F24 Sch. 6 paras. 12, 13, 17 and 19(3) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

Marginal Citations

M11 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 M12 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

M12 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 M13 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

M13 1930 c. 17.

F25 F25 SEVENTH SCHEDULE E+W+S

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Textual Amendments

F25 Sch. 7 repealed by Statute Law Revision Act 1950 (c. 6)