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Section 56 Legal proceedings.C3C1F1

England, Wales and Scotland

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.

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Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8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

Words in s. 56(1) repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

F4

S. 56(3) substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(13)

F5

Words in s. 56(3) 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. 8 (with arts. 1(3), 3) (see S.I. 2015/993, art. 2(a))

F6

S. 56(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Marginal citations

M1

1970 c. 42.

Modifications

C1

S. 56 applied (19.12.2001 for W. and 20.12.2001 for E. and 1.4.2002 for S.) by 2001 c. 15, s. 50(7) (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(2)(a); S.I. 2001/3807, art. 3; S.S.I. 2002/75, art. 2

C2

S. 56(1) restricted by Ministry of Social Security Act 1966 (c. 20), s. 25(1)

C3

S. 56 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)

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]