Office of Public Sector Information
PART IV continued
(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 [F1108] of the National Health Service (Scotland) Act, [F21978];
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
“local authority”, save as provided in Part III of this Act, means the council of a county, [F4county borough], county district [F5or London Borough or the Common Council of the City of London] . . . [F7F6but in relation to Wales means the council of a county or county borough];
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
“prescribed” means prescribed by regulations under this Act;
“requirements” does not include any medical, surgical, optical, aural or dental requirements;
[F9“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.
F1
“108” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)
F2
“1978” substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 3(2)
F3Definition of “large burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F4Words repealed (E.W.)retrospectively by Local Government Act 1972 (c. 70, SIF 81:1), s. 159(7) (as added retrospectively by Health Services Act 1980 (c.53, SIF 113:2), s. 23
F5Words inserted (E.W.)retrospectively by Local Government Act 1972 (c. 70, SIF 81:1), s. 159(7) (as added retrospectively by Health Services Act 1980 (c.53, SIF 113:2), s. 23
F6Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F7Words in s. 64(1) added (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 2(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F8Definition of “place of employment” repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F9Definition of “trade dispute” in s. 64(1) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 1
P1S. 64(1): s. 22(4)(with ss. 22(3) and 64(1)) power exercised by S.I.1991/686.
For previous exercises of this power see Index to Government Orders.
M11946 c. 67.
Subject to any express provision contained in this Act, the following provisions shall have effect for the general application thereof to Scotland:—
(a)(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(c)for any reference to a court of summary jurisdiction there shall be substituted a reference to the sheriff;
(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 . . . F2 a [F3council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .
[F4(f)any reference however expressed to accommodation provided under Part III thereof shall be construed as a reference to accommodation provided under F5. . . the M1Social Work (Scotland) Act 1968 [F6or section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,].]
F1S. 65(a)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F2Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8
F3Words in s. 65(e) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(6); S.I. 1996/323, art. 4(1)(b)(c)
F4S. 65(f) added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 16
F5Words in s. 65(f) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(9)(a); S.I. 1992/2975, art. 2(2), Sch.
F6Words inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), Sch. 9 para. 5(9)(b)
C1Power to modify conferred (S.) (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)
M11968 c. 49.
This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Minister of Health may by order direct.
C1S. 66 amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)(3) and Health Services and Public Health Act 1968 (c. 46), s. 46
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)Save as expressly provided therein, the provisions of this Act . . . F2 shall not extend to Northern Ireland.
F1S. 67(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
F2Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
(1)This Act may be cited as the National Assistance Act, 1948.
(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.
C1Power of appointment conferred by s. 68(2): fully exercised by S.I. 1948/1218 and S.I. 1949/1621
National Assistance Act 1948