Office of Public Sector Information
C1Pt. IV saved by Mental Health Act 1959 (c. 72), s. 8(3) ( the said s. 8(3) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10 )
F1Ss. 37–40 repealed by Residential Homes Act 1980 (c. 7), s. 11(5), Sch. 2
F1S. 41 repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1 Appendix
(1)For the purposes of this Act—
(a)a man shall be liable to maintain his wife and his children, and
(b)a woman shall be liable to maintain her husband and her children.
[F1(2)The reference in paragraph (a) of the last foregoing subsection to a man’s children includes a reference to children of whom he has been adjudged to be the putative father, and the reference in paragraph (b) of that subsection to a woman’s children includes a reference to her illegitimate children.]
[F2X1(3)In the application of subsection (2) of this section to Scotland, for the reference to children of whom a man has been adjudged to be the putative father there shall be substituted a reference to children his paternity of whom has been admitted or otherwise established.]
[F2X1(3)Subsection (2) of this section shall not apply to Scotland and, in the application thereto of subsection (1) of this section, any reference to “children” includes a reference to children whether or not their parents have ever been married to one another.]
F1S. 42(2) repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4
F2S. 42 subsection (3) commencing “Subsection (2)” substituted (S.) for subsection (3) commencing “In the application of” by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 5
C1S. 42 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)
C2S. 42 applied by Social Work (Scotland) Act 1968 (c. 49, SIF 81:3), s. 87(3)
C3S. 42(1) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(a)
X1S. 42 subsection (3) commencing “Subsection (2)” substituted (S.) for subsection (3) commencing “In the application of” by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 5
(1)Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F1 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.
(2)On a complaint under this section the court shall have regard to all the cirumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.
(3)For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.
(4)In this section the expression “assistance” means . . . F1 the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means a court of summary jurisdiction [F2having jurisdiction in the place][F2appointed for the commission area F3. . .] where the assistance was given or applied for.
(5)Payments under subsection (2) of this section shall be made—
(a)to . . . F1 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or
(b)to the applicant for assistance or any other person being a person assisted, or
(c)to such other person as appears to the court expedient in the interests of the person assisted,
or as to part in one such manner and as to part in another, as may be provided by the order.
[F4 [F5(6)An order under this section shall be enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980.]
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(8)Subsections (6) and (7) of this section do not extend to Scotland.]
F1Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F2Words commencing “appointed for the” substituted (E.W) for words “having jurisdiction in the place” by Domestic Proceedings and Magistrates' Courts Act 1978 (c.22, SIF 49:3), Sch. 1, Sch. 2 para. 6
F3Words in s. 43(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9); S.I. 1999/2657, art. 2(d)(iii)
F4S. 43(6)–(8) added (E.W.) by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 4 (s. 43(6) having been repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8)
F5S. 43(6) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 6
F6S. 43(7) repealed (with savings) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), Schs. 1, 3
C1S. 43 extended by Maintenance Orders Act 1950 (c. 37), ss. 4, 9 and Ministry of Social Security Act 1966 (c. 20), s. 25(1); extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
C2S. 43 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)
C3S. 43 applied by Social Work (Scotland) Act 1968 (c. 49, SIF 81:3), s. 87(3)
E1This version of the provision extends to England and Wales only; a separate version has been created for Scotland only
(1)Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F1 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.
(2)On a complaint under this section the court shall have regard to all the cirumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.
(3)For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.
(4)In this section the expression “assistance” means . . . F1 the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means a court of summary jurisdiction appointed for the commission area (within the meaning of [F2the Justices of the Peace Act 1979]) where the assistance was given or applied for.
(5)Payments under subsection (2) of this section shall be made—
(a)to . . . F1 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or
(b)to the applicant for assistance or any other person being a person assisted, or
(c)to such other person as appears to the court expedient in the interests of the person assisted,
or as to part in one such manner and as to part in another, as may be provided by the order.
F1Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F2Words substituted by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 2 para. 3
C1S. 43 extended by Maintenance Orders Act 1950 (c. 37), ss. 4, 9 and Ministry of Social Security Act 1966 (c. 20), s. 25(1)
C2S. 43 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)
C3S. 43 applied by Social Work (Scotland) Act 1968 (c. 49, SIF 81:3), s. 87(3)
E1This version of the provision extends to Scotland only; a separate version has been created for England and Wales only
F1S. 44 repealed (E.W.S.) by (S.) Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2 and (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 7, Sch. 4
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 a local authority incur any expenditure under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 Part III of this Act, or
(b)any sum recoverable under this Act by . . . F1 a local authority is not recovered,
the . . . F1 authority shall be entitled to recover the amount thereof from the said person.
(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F2Ss. 45(2)–(4), 46 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
C1S. 45 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
C2S. 45 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)
F1Ss. 45(2)–(4), 46 repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
(1)The following provisions of this section shall have effect for the purposes of securing the necessary care and attention for persons who—
(a)are suffering from grave chronic disease or, being aged, infirm or physically incapacitated, are living in insanitary conditions, and
(b)are unable to devote to themselves, and are not receiving from other persons, proper care and attention.
(2)If the medical officer of health certifies in writing to the appropriate authority that he is satisfied after thorough inquiry and consideration that in the interests of any such person as aforesaid residing in the area of the authority, or for preventing injury to the health of, or serious nuisance to, other persons, it is necessary to remove any such person as aforesaid from the premises in which he is residing, the appropriate authority may apply to a court of summary jurisdiction having jurisdiction in the place where the premises are situated for an order the next following subsection.
(3)On any such application the court may, if satisfied on oral evidence of the allegations in the certificate, and that it is expedient so to do, order the removal of the person to whom the application relates, by such officer of the appropriate authority as may be specified in the order, to a suitable hospital or other place in, or within convenient distance of, the area of the appropriate authority, and his detention 5and maintenance therein:
Provided that the court shall not order the removal of a person to any premises, unless either the person managing the premises has been heard in the proceedings or seven clear days’ notice has been given to him of the intended application and of the time and place at which it is proposed to be made.
(4)An order under the last foregoing subsection may be made so as to authorise a person’s detention for any period not exceeding three months, and the court may from time to time by order extend that period for such further period, not exceeding three months, as the court may determine.
(5)An order under subsection (3) of this section may be varied by an order of the court so as to substitute for the place referred to in that subsection such other suitable place in, or within convenient distance of, the area of the appropriate authority as the court may determine, so however that the proviso to the said subsection (3) shall with the necessary modification apply to any proceedings under this subsection.
(6)At any time after the expiration of six clear weeks from the making of an order under subsection (3) or (4) of this section an application may be made to the court by or on behalf of the person in respect of whom the order was made, and on any such application the court may, if in the circumstances it appears expedient so to do, revoke the order.
(7)No application under this section shall be entertained by the court unless, seven clear days before the making of the application, notice has been given of the intended application and of the time and place at which it is proposed to be made—
(a)where the application is for an order under subsection (3) or (4) of this section, to the person in respect of whom the application is made or to some person in charge of him;
(b)where the application is for the revocation of such an order, to the medical officer of health
(8)Where in pursuance of an order under this section a person is maintained neither in hospital accommodation provided by the Minister of Health under the [F1or the M1National Health Service Reorganisation Act 1973][F2National Health Service Act 1977] or by the Secretary of State under the National Health Service (Scotland) [F3Acts 1947 to 1972], nor in premises where accommodation is provided by, or by arrangement with, a local authority under Part III of this Act, the cost of his maintenance shall be borne by the appropriate authority.
(9)Any expenditure incurred under the last foregoing subsection shall be recoverable from the person maintained or from any person who for the purposes of this Act is liable to maintain that person; and any expenditure incurred by virtue of this section in connection with the maintenance of a person in premises where accommodation is provided under Part III of this Act shall be recoverable in like manner as expenditure incurred in providing accommodation under the said Part III.
F4(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)Any person who wilfully disobeys, or obstructs the execution of, an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F5level 1 on the standard scale].
(12)For the purposes of this section, the appropriate authorities shall be the councils of [F6districts and London boroughs and the Common Council of the City of London][F7, in Wales the councils of couties and county boroughs] . . . F8, and in Scotland the councils of [F9regions and islands areas.]
(13)The foregoing provisions of this section shall have effect in substitution for any provisions for the like purposes contained in, or having effect under, any public general or local Act passed before the passing of this Act:
Provided that nothing in this subsection shall be construed as affecting any enactment providing for the removal to, or detention in, hospital of persons suffering from notifiable or infectious diseases.
(14)Any notice under this section may be served by post.
F1Words inserted (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 47
F2Words “National Health Service Act 1977” substituted (E.W.) for words commencing “National Health Service Act 1946” by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 7
F3Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 83
F4S. 47(10) repealed (E.W.) by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 5
F5Words substituted (E. W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6) and Criminal Justice Act 1982 (c. 48, SIF 139:1), s. 46
F6Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)
F7Words in s. 47(12) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 2(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F8Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F9Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 91
C1S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1
C2S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)
E1This version of the provision extends to England and Wales only; a separate version has been created for Scotland only
M11973 c. 32.
(1)The following provisions of this section shall have effect for the purposes of securing the necessary care and attention for persons who—
(a)are suffering from grave chronic disease or, being aged, infirm or physically incapacitated, are living in insanitary conditions, and
(b)are unable to devote to themselves, and are not receiving from other persons, proper care and attention.
(2)If the [F1designated medical officer] certifies in writing to the appropriate authority that he is satisfied after thorough inquiry and consideration that in the interests of any such person as aforesaid residing in the area of the authority, or for preventing injury to the health of, or serious nuisance to, other persons, it is necessary to remove any such person as aforesaid from the premises in which he is residing, the appropriate authority may apply to a court of summary jurisdiction having jurisdiction in the place where the premises are situated for an order the next following subsection.
(3)On any such application the court may, if satisfied on oral evidence of the allegations in the certificate, and that it is expedient so to do, order the removal of the person to whom the application relates, by such officer of the appropriate authority as may be specified in the order, to a suitable hospital or other place in, or within convenient distance of, the area of the appropriate authority, and his detention 5and maintenance therein:
Provided that the court shall not order the removal of a person to any premises, unless either the person managing the premises has been heard in the proceedings or seven clear days’ notice has been given to him of the intended application and of the time and place at which it is proposed to be made.
(4)An order under the last foregoing subsection may be made so as to authorise a person’s detention for any period not exceeding three months, and the court may from time to time by order extend that period for such further period, not exceeding three months, as the court may determine.
(5)An order under subsection (3) of this section may be varied by an order of the court so as to substitute for the place referred to in that subsection such other suitable place in, or within convenient distance of, the area of the appropriate authority as the court may determine, so however that the proviso to the said subsection (3) shall with the necessary modification apply to any proceedings under this subsection.
(6)At any time after the expiration of six clear weeks from the making of an order under subsection (3) or (4) of this section an application may be made to the court by or on behalf of the person in respect of whom the order was made, and on any such application the court may, if in the circumstances it appears expedient so to do, revoke the order.
(7)No application under this section shall be entertained by the court unless, seven clear days before the making of the application, notice has been given of the intended application and of the time and place at which it is proposed to be made—
(a)where the application is for an order under subsection (3) or (4) of this section, to the person in respect of whom the application is made or to some person in charge of him;
(b)where the application is for the revocation of such an order, to the [F1designated medical officer]
(8)Where in pursuance of an order under this section a person is maintained neither in hospital accommodation provided by the Minister of Health under the M1National Health Service Act 1946, or by the Secretary of State under the National Health Service (Scotland) [F2Act 1978], nor in premises where accommodation is provided by, or by arrangement with, a local authority under Part III of this Act, the cost of his maintenance shall be borne by the appropriate authority.
(9)Any expenditure incurred under the last foregoing subsection shall be recoverable from the person maintained or from any person who for the purposes of this Act is liable to maintain that person; and any expenditure incurred by virtue of this section in connection with the maintenance of a person in premises where accommodation is provided under Part III of this Act shall be recoverable in like manner as expenditure incurred in providing accommodation under the said Part III.
(10) The provisions of section twenty-seven of the M2National Health Service Act, 1946, and of [F3section 45 of the National Health Service (Scotland) Act 1978] (which respectively require local health authorities and the Secretary of State to secure that ambulances and other means of transport are available for the conveyance of certain persons) shall apply to the conveyance of persons in respect of whom an order is made under this section as they apply to the conveyance of the persons specified in the said sections twenty-seven and [F445].
(11)Any person who wilfully disobeys, or obstructs the execution of, an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F5level 1 on the standard scale].
(12)For the purposes of this section, the appropriate authorities shall be the councils of [F6districts and London boroughs and the Common Council of the City of London][F7, in Wales the councils of counties and county boroughs] . . . F8, and in Scotland [F9councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
(13)The foregoing provisions of this section shall have effect in substitution for any provisions for the like purposes contained in, or having effect under, any public general or local Act passed before the passing of this Act:
Provided that nothing in this subsection shall be construed as affecting any enactment providing for the removal to, or detention in, hospital of persons suffering from notifiable or infectious diseases.
(14)Any notice under this section may be served by post.
F1Words “designated medical officer” substituted for words “medical officer of health” (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 83
F2Words “Act 1978” substituted (S.) for words “Acts 1947 to 1972” by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(a)
F3Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(b)
F4
“45” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(1)(b)
F5Words substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C, 289G
F6Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)
F7Words in s. 47(12) inserted (1.4.1996) by 1994 c. 19, ss. 22(4), Sch. 10 para. 2(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F8Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F9Words in s. 47(12) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(3); S.I. 1996/323, art. 4(1)(b)(c)
C1S. 47 amended by National Assistance (Amendment) Act 1951 (c. 57), s. 1
C2S. 47(12) extended as to London by London Government Act 1963 (c. 33), s. 46(4)
E1This version of the provision extends to Scotland only; a separate version has been created for England and Wales only
M11946 c. 81.
M21946 c. 81.
National Assistance Act 1948