OpenLegislation

Section 45 Recovery 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)

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

Annotations

Textual amendments

F1

Pt. 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]

F2

Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F3

S. 45(2)–(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications

C1

S. 45 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

C2

S. 45 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

Notes on Part IV

Modifications

C1

Pt. 4 saved by Mental Health Act 1959 (c. 72), s. 8(3) (which affecting provision is repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1)

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. paras. 1-10]