Office of Public Sector Information
PART IV continued
(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, or
(c)is removed to any other place under an order made under subsection (3) of the last foregoing section,
and it appears to the council that there is danger of loss of, or damage to, any movable property of his 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, or from any person who for the purposes of this Act is liable to maintain him, 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 or [F1the council which is the local authority for the purposes of the M1Local Authority Social Services Act 1970 and] in the area of which the property is for the time being situated.
F1Words “the council” to “1970 and” substituted for words “the council” to “islands area” (E.W.) by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(10)
C1S. 48 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
E1This version of the provision extends to England and Wales only; a separate version has been created for Scotland only
M11970 c. 42.
(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, or
(c)is removed to any other place under an order made under subsection (3) of the last foregoing section,
and it appears to the council that there is danger of loss of, or damage to, any movable property of his 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, or from any person who for the purposes of this Act is liable to maintain him, 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 [F1constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area] the property is for the time being situated.
F1Words 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)
C1S. 48 modified (S.) by Mental Health (Scotland) Act 1985 (c. 36, SIF 85), ss. 92(2), 128, 129
E1This version of the provision extends to Scotland only; a separate version has been created for England and Wales only
Where an officer of [F1the council of a county or county borough][F1any such council as is referred to in section 48(4) of this Act] with the permission of the council applies for appointment under [F2Part VIII of the M1Mental Health Act, 1959, as receiver for a patient or as a person otherwise having functions in relation to the property and affairs of a patient], [F3or 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 [F2such functions], [F3or his functions under the intervention order or as guardian]in so far as those expenses are not recoverable by him from any other source.
F1Words “any” to “Act” substituted for words “the council” to “borough” (E.W.) by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(11)
F2Words substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I
F3Words in s. 49 inserted (S.) (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 8(a)(b); S.S.I. 2001/81, art. 3, Sch. 2
C1S. 49 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
M11959 c. 72.
(1)It shall be the duty of every authority to which this subsection applies to cause to be buried or cremated the body of any person who has died or been found dead in their area, in any case where it appears to the authority that no suitable arrangements for the disposal of the body have been or are being made otherwise than by the authority.
(2)The authorities to which the last foregoing subsection applies are the councils of [F2districts and London boroughs and the Common Council of the City of London] . . . F3, and in Scotland [F4councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
[F5(3)[F6Any such council as is referred to in section 48(4) of this Act] may cause to be buried or cremated the body of any deceased person who immediately before his death was being provided with accommodation under Part III of this Act by, or by arrangement with, the council or was living in a hostel provided by the council under section twenty-nine of this Act.]
(4)An authority may recover from the estate of the deceased person or from any person who for the purposes of this Act was liable to maintain the deceased person immediately before his death expenses incurred under subsection (1) . . . [F8F7of this section, . . . ]F7.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(6)Nothing in the foregoing provisions of this section shall affect any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person; and an authority shall not cause a body to be cremated under this section where they have reason to believe that cremation would be contrary to the wishes of the deceased.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10]
F1S. 50 repealed (E.W.) by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
F2Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 44(1)
F3Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F4Words in s. 50(2) substituted (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 13 para. 31(5); S.I. 1996/323, art. 4(1)(b)(c)
F5S. 50(3) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
F6Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(12)
F7Words repealed by Social Security Act 1986 (c. 50, SIF 113:3), s. 86, Sch. 11
F8Words substituted by Social Security Act 1973 (c. 38), Sch. 27 para. 7
F9S. 50(5) repealed by National Insurance Act 1957 (c. 26), s. 7(2)
F10S. 50(7) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
C1S. 50(2) extended as to London by London Government Act 1963 (c. 33), s. 46(4)
(1)Where a person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain for the purposes of this Act, and in consequence of his refusal or neglect . . . F1 accommodation under Part III thereof is provided for, himself or any other person, 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 or any other person 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—
(a)where . . . F1 the accommodation provided for him, to imprisonment for a term not exceeding three months;
(b)in any other case, to a fine not exceeding [F2level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
F1Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F2Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
(1)If any person—
(a)for the purpose of obtaining, either for himself or for another person, any benefit under . . . F1 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 [F2level 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 . . . F1 the local authority concerned to justify a prosecution for the offence comes to the knowledge of the . . . F1 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 F1 of the local authority as to the date on which such evidence as aforesaid came to the knowledge of . . . F1 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.
F1Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F2Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
C1S. 52 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)
F1S. 53 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 11
The Minister of Health, or as respects Scotland the Secretary of State, may cause such inquiries to be held as he may deem necessary or desirable for the purposes of this Act.]
F1S. 54 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5 (8), Sch. 10 but by S.I. 1990/2218 (art. 2 and the Schedule of which commenced the repeal for E.W.), art. 3 it is provided that s. 54 shall continue to apply so far as the purposes of the 1948 Act relate to persons under the age of eighteen until section 81 of the Children Act 1989 comes into force
C1S. 54 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)
(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.
(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 [F1level 4 on the standard scale].
F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (S.) (1.4.1996) that s. 55(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £10 for a first offence and £20 for a second or subsequent offence
C1S. 55(2) has effect, (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(1), Sch. 6 and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), 289C(1), Sch. 7C as if the maximum fine imposable upon a summary conviction were £500 (instead of the old maximum fine of £10 for a first offence and £20 for a second or subsequent offence) and for “£500” as so substituted there is substituted (E.W.S.) “level 4 on the standard scale” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
(1)Without prejudice to any other method of recovery, any sum due under this Act . . . F1 to a local authority [F2(other than a sum due under an order made under section 43 of this Act)] 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.
[F3(3)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 and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(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.
F1Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F2Words inserted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 8
F3S. 56(3) substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(13)
F4S. 56(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
C1S. 56 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)
C2S. 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
C3S. 56(1) restricted by Ministry of Social Security Act 1966 (c. 20), s. 25(1)
M11970 c. 42.
F1S. 57 repealed by (E.W.S.) Ministry of Social Security Act 1966 (c. 20), Sch. 8 and (N.I.) by S.I. 1977/610 (N.I. 11), Sch.
F1S. 58 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII and by Acquisition of Land Act 1981 (c.67, SIF 28:1), Sch. 6 Pt. II
(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.]
F1S. 59 repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30; amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)
(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.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(3)Regulations under either of the two last foregoing subsections may provide for the determination of questions arising under the regulations.
F1Ss. 60(2), 61(1) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX
M11946 c. 67.
M21946 c. 81.
M31947 c. 27.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)All receipts under this Act of the Minister of Health, the Secretary of State . . . F2 shall be paid into the Exchequer.
F1Ss. 60(2), 61(1) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX
F2Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
(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.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(4)Regulations made under subsection (2) of this section shall be of no effect unless approved by resolution of each House of Parliament.
F1S. 62(3) repealed by Statute Law Revision Act 1950 (c. 6)
M11934 c. 29.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)Any power conferred by this Act on a Minister of the Crown or the Treasury to make . . . F2 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 . . . F2 regulations or rules under this Act, . . . F2, 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.
National Assistance Act 1948