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)
C1Pt. 4 saved by Mental Health Act 1959 (c. 72), s. 8(3) (which affecting provision is repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1)
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Extent Information
E1This version of the provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Pt. 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]
(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, F2...
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and it appears to the council[F3, 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, [F4the 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 F5... 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 [F6constituted 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
F2S. 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
F3Words 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))
F4Words 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))
F5Words 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
F6Words 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)
C2S. 48 modified (S.) by Mental Health (Scotland) Act 1985 (c. 36, SIF 85), ss. 92(2), 128, 129