OpenLegislation

National Assistance Act 1948

11 & 12 Geo. 6 c. 29 · Enacted 13 May 1948 · Extends to United Kingdom

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 4 April 2019.

See the changes not yet applied
ProvisionChangeMade by
s. 51(3)(a)words substitutedCriminal Justice Act 2003 Sch. 26 para. 12(2)
s. 51(3)(b)words substitutedCriminal Justice Act 2003 Sch. 26 para. 12(2)
s. 52(1)words substitutedCriminal Justice Act 2003 Sch. 26 para. 12(3)
s. 22(8A)words insertedPersonal Care at Home Act 2010 s. 1(7)(a)
s. 26(4AA)words insertedPersonal Care at Home Act 2010 s. 1(7)(b)
s. 21(5)applied by 2003 c. 5 s. 15(4E) (as inserted)Personal Care at Home Act 2010 s. 1(5)

An Act to terminate the existing poor law and to provide in lieu thereof for the assistance of persons in need by the National Assistance Board and by local authorities; to make further provision for the welfare of disabled, sick, aged and other persons and for regulating homes for disabled and aged persons and charities for disabled persons; to amend the law relating to non-contributory old age pensions; to make provision as to the burial or cremation of deceased persons; and for purposes connected with the matters aforesaid.

[13th May 1948] I1C1C2C3C4

Annotations to the whole text

Modifications

C1

Councils of administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes outside Greater London and Isles of Scilly together with municipal corporations of boroughs outside Greater London now abolished and councils of metropolitan counties, non-metropolitan counties and districts constituted by Local Government Act 1972 (c. 70), ss. 1, 2, Sch. 1

C2

Councils of counties, counties of cities, large burghs, small burghs and districts in Scotland now abolished and regional, islands and district councils constituted by Local Government (Scotland) Act 1973 (c. 65), ss. 1, 2, Sch. 1

C3

Functions of Minister of Health now exercisable by Secretary of State: S.I. 1968/1699

C4

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement

I1

Act not in force at Royal Assent see s. 68; Act wholly in force 1.2.1991

Editorial notes

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. 1 paras. 1-10]

Contents

  1. Part I: Introductory
  2. 1Supersession of existing poor law.
  3. Part II
  4. 2—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. Part III: Local Authority Services
  6. Provision of Accommodation
  7. 21Duty of local authorities to provide accommodation. Repealed
  8. 22Charges to be made for accommodation. Repealed
  9. 23Management of premises in which accommodation provided. Repealed
  10. 24Authority liable for provision of accommodation. Repealed
  11. 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  12. 26Provision of accommodation in premises maintained by voluntary organisations. Repealed
  13. 26AExclusion of powers to provide accommodation under this Part in certain cases. Repealed
  14. 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  15. 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  16. Welfare Services
  17. 29Welfare arrangements for blind, deaf, dumb and crippled persons, etc. Repealed
  18. 30Voluntary organisations for disabled persons’ welfare. Repealed
  19. 30AResearch.
  20. 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  21. Financial adjustments between Local Authorities
  22. 32Adjustments between authority providing accommodation, &c., and authority of area of residence. Repealed
  23. Local and Central Authorities
  24. 33Local Authorities for purposes of Part III.
  25. 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  26. 35Central Authority for purposes of Part III. Repealed
  27. 36Default powers of Minister. Repealed
  28. Part IV: General and Supplementary
  29. Registration etc. of homes for disabled persons and the aged and charities for disabled persons
  30. 37—40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  31. 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  32. Recovery of Expenses
  33. 42Liability to maintain wife or husband and children. Repealed
  34. 43Recovery of cost of assistance from persons liable for maintenance. Repealed
  35. 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  36. 45Recovery in cases of misrepresentation or non-disclosure.
  37. Miscellaneous
  38. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  39. 47Removal to suitable premises of persons in need of care and attention. Repealed
  40. 48Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. Repealed
  41. 49Expenses of council officers acting as Receivers.
  42. 50Burial or cremation of the dead. Repealed
  43. 51Failure to maintain.
  44. 52False statements.
  45. Supplementary
  46. 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  47. 54Inquiries. Repealed
  48. 55Provisions as to entry and inspection.
  49. 56Legal proceedings.
  50. 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  51. 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  52. 59Accounts of councils of county boroughs.
  53. 60Compensation of displaced officers.
  54. 61Expenses and receipts.
  55. 62Transitional provisions, consequential adaptation of enactments.
  56. 63Regulations, rules and orders.
  57. 64Interpretation.
  58. 65General provisions as to application to Scotland.
  59. 66.Application to Isles of Scilly. Repealed
  60. 67Provisions as to Northern Ireland.
  61. 68Short title and commencement.
  62. Schedule FIRST AND SECOND SCHEDULESSchedule FIRST AND SECOND SCHEDULES
  63. Schedule THIRD: Administrative Provisions as to Local Authorities
  64. Part I
  65. 1—8Paragraph 1—8 Repealed
  66. Part II
  67. Joint Boards
  68. 9Paragraph 9
  69. 10Paragraph 10
  70. 11Paragraph 11
  71. Part III
  72. Application to Scotland
  73. 12Paragraph 12
  74. 13Paragraph 13
  75. Schedule FOURTHSchedule FOURTH
  76. Schedule FIFTHSchedule FIFTH
  77. Schedule SIXTH: Transitional Provisions
  78. 1Paragraph 1 Repealed
  79. 2, 3Paragraph 2, 3 Repealed
  80. 4, 5Paragraph 4, 5 Repealed
  81. 6Paragraph 6
  82. 7Paragraph 7 Repealed
  83. 8Paragraph 8 Repealed
  84. 9Paragraph 9 Repealed
  85. 10Paragraph 10
  86. 11Paragraph 11
  87. 12, 13Paragraph 12, 13 Repealed
  88. 14Paragraph 14
  89. 15Paragraph 15
  90. 16Paragraph 16
  91. 17Paragraph 17 Repealed
  92. 18Paragraph 18 Repealed
  93. 19Paragraph 19
  94. 20Paragraph 20
  95. 21Paragraph 21
  96. Schedule SEVENTHSchedule SEVENTH

1Supersession of existing poor law.X1 E+W+S

The existing poor law shall cease to have effect, F1and shall be replaced by the provisions F2... of Part III of this Act as to accommodation and other services to be provided by local authorities, and the related provisions of Part IV of this Act.

2—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

21Duty of local authorities to provide accommodation.F1F2 E+W

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

22Charges to be made for accommodation.F1E1 E+W

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

23Management of premises in which accommodation provided.F1F2 E+W

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

24Authority liable for provision of accommodation.F1F2 E+W

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

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

26Provision of accommodation in premises maintained by voluntary organisations.F1E1 E+W

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

26AExclusion of powers to provide accommodation under this Part in certain cases. E+W

F1 F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

29Welfare arrangements for blind, deaf, dumb and crippled persons, etc.F1F2 E+W

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

30Voluntary organisations for disabled persons’ welfare.F1F2 E+W

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

30AResearch.F1F2

Without prejudice to any powers conferred on them by any other Act,—

(a)

the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and

(b)

a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

32Adjustments between authority providing accommodation, &c., and authority of area of residence.F1F2 E+W

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

33Local Authorities for purposes of Part III.F1 E+W+S

(1)

In this Part of this Act the expression “local authority” F2(except in “local authority in England”) means F3a council which is a local authority for the purposes of the M1Local Authority Social Services Act 1970 in F4... Wales, and F5a F6council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland F7and “local authority in England” means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 in England.

F8 ...

F9(2)

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

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

35Central Authority for purposes of Part III.F1F2 E+W

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

36Default powers of Minister.F1

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

37—40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

42Liability to maintain wife or husband and children.F1F2 E+W+S

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

43Recovery of cost of assistance from persons liable for maintenance.F1F2 E+W+S

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

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

45Recovery in cases of misrepresentation or non-disclosure.C2C1F1

(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)

F2... a local authority incur any expenditure under ... Part III of this Act, or

(b)

any sum recoverable under this Act by ... a local authority is not recovered,

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

F32)—(4)

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

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

47Removal to suitable premises of persons in need of care and attention.F1F2 E+W+S

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

48Duty of councils to provide temporary protection for property of persons admitted to hospitals etc.F1E1 E+W

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

49Expenses of council officers acting as Receivers.C1 E+W+S

Where an officer of F1the council of a county or county borough F2a 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 F3applies for appointment by the Court of Protection as a deputy, F4or 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 F5his functions as deputy, 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.

50Burial or cremation of the dead.F2F1 S

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

51Failure to maintain.F1 E+W+S

(1)

Where a person persistently refuses or neglects to maintain himself F2... , and in consequence of his refusal or neglect F3... accommodation under Part III thereof is provided for F4him , 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 F5... 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 F6to imprisonment for a term not exceeding 3 months—

(F7a)

F8... to imprisonment for a term not exceeding three months;

F9(b)

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

52False statements.C1F1

(1)

If any person—

(a)

for the purpose of obtaining, either for himself or for another person, any benefit under F2... 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 F3level 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 ... the local authority concerned to justify a prosecution for the offence comes to the knowledge of the ... 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 ... of the local authority as to the date on which such evidence as aforesaid came to the knowledge of ... 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.

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

54Inquiries.F1 E+W+S

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

55Provisions as to entry and inspection.F1 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.

C1(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 F2level 4 on the standard scale.

56Legal proceedings.C3C1F1 E+W+S

C2(1)

Without prejudice to any other method of recovery, any sum due under this Act F2... to a local authority F3... 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.

(F43)

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 M1Local Authority Social Services Act 1970 F5in 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.

F6(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.

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

59Accounts of councils of county boroughs.F1 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.

60Compensation of displaced officers.F1 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 M1National Insurance Acts, 1946, the M2National Health Service Act, 1946, the M3National 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.

F2(2)

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

(3)

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

61Expenses and receipts.F1 E+W+S

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2)

All receipts under this Act of the Minister of Health, the Secretary of State . . . F3 shall be paid into the Exchequer.

62Transitional provisions, consequential adaptation of enactments.F1 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 M1Unemployment 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.

F2(3)

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

(4)

Regulations made under subsection (2) of this section shall be of no effect unless approved by resolution of each House of Parliament.

63Regulations, rules and orders.F1 E+W+S

F2(1)

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

(2)

Any power conferred by this Act on a Minister of the Crown or the Treasury to make F3... 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 ... regulations or rules under this Act, ... , 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.

64Interpretation.F1 E+W+S

P1(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 M1National Health Service Act, 1946, or as respects Scotland by section F2108 of the National Health Service (Scotland) Act, F31978;

  • F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “local authority”, save as provided in Part III of this Act, F5means the council of a county or county borough in Wales;

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

  • F7“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.

65General provisions as to application to Scotland.C1F1 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:—

F2(a)

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

(b)

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

F3(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 F4... a F5council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(F6f)

any reference however expressed F7in sections 22(2) to (8) and 26(2) to (4) of this Act to accommodation provided under Part III F8of this Act shall be construed as a reference to accommodation provided under F9... the M1Social Work (Scotland) Act 1968 F10or F11section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003,.

66.Application to Isles of Scilly.F1 E+W+S

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

67Provisions as to Northern Ireland.F1

F2(1)

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

(2)

Save as expressly provided therein, the provisions of this Act F3... shall not extend to Northern Ireland.

68Short title and commencement. E+W+S

(1)

This Act may be cited as the National Assistance Act, 1948.

P1(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.

Schedule FIRST AND SECOND SCHEDULESF1

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

1—8F1

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

9 E+W+S

(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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

10 E+W+S

A joint board constituted for the purposes of Part III of this Act shall be a body corporate with a common seal . . . F1.

11 E+W+S

An order constituting such a joint board—

(a)

may, without prejudice to the provisions of section two hundred and ninety-three of the M1Local Government Act, 1933, . . . F1 (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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

12 E+W+S

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 M1Local Government Act, 1933, there shall be substituted a reference to section three hundred and sixty-three of the M2Local Government (Scotland) Act, 1947 . . . F1

b)—(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

13 E+W+S

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 M1Local Government (Scotland) Act, 1947, be effected under that section.

Schedule FOURTHF1 E+W+S

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Schedule FIFTHF1

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1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

2, 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

4, 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

6C1

(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.

(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.

F1(3)

Nothing in this paragraph shall affect the provisions of the M1National Health Service Act, 1946, or the M2National 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.

7F1 E+W+S

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8F1 E+W+S

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9F1 E+W+S

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10

(1)

Where immediately before the appointed day a person was receiving relief in a workhouse within the meaning of the M1Poor 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.

(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.

11

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 M1Poor 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.

12, 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

14

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

Where any right of a local authority to recover any sum from another local authority depends upon the determination under the M1Poor 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.”

16

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 M1Poor 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.

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

19 E+W+S

(1)

Notwithstanding anything in subsection (2) of section thirty-eight of the M1Interpretation 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 F1whom he is not liable to maintain for the purposes of this Act.

(2)

F2Except 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 . . . F3, as if he were so chargeable.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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.

(2)

References in this Schedule to a workhouse within the meaning of the M1Poor Law Act, 1930, include, in relation to London, references to an asylum provided under section one hundred and twenty-three of that Act.

21

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 M1Poor 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.

Schedule SEVENTHF1

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