(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.
(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 National Insurance Acts, 1946, the National Health Service Act, 1946, the National 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Regulations under either of the two last foregoing subsections may provide for the determination of questions arising under the regulations.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) All receipts under this Act of the Minister of Health, the Secretary of State . . . shall be paid into the Exchequer.
62 Transitional provisions, consequential adaptation of enactments.
(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 Unemployment 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Regulations made under subsection (2) of this section shall be of no effect unless approved by resolution of each House of Parliament.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Any power conferred by this Act on a Minister of the Crown or the Treasury to make ... 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 ... regulations or rules under this Act, ... , 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.
(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 National Health Service Act, 1946, or as respects Scotland by section 108 of the National Health Service (Scotland) Act, 1978;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“local authority”, save as provided in Part III of this Act, means the council of a county or county borough in Wales;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“prescribed” means prescribed by regulations under this Act;
“requirements” does not include any medical, surgical, optical, aural or dental requirements;
“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.
65 General provisions as to application to Scotland.
Subject to any express provision contained in this Act, the following provisions shall have effect for the general application thereof to Scotland:—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 ... a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
(f) any reference however expressed in sections 22(2) to (8) and 26(2) to (4) of this Act to accommodation provided under Part III of this Act shall be construed as a reference to accommodation provided under ... the Social Work (Scotland) Act 1968 or section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003,.
(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.
THIRD SCHEDULE Administrative Provisions as to Local Authorities
Section 33.
Part I
1—8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
Joint Boards
9 (1) Where it appears to the Minister to be expedient in the interests of the efficiency of any services provided under Part III of this Act that a joint board should be established for the purpose of performing all or any of the functions under the said Part III of two or more local authorities, the Minister may by order constitute a joint board consisting of members appointed by those authorities and provide for the exercise by the board in lieu of the authorities of such of the said functions as may be specified in the order.
(2) An order under this paragraph shall not be made except after a local inquiry, unless all the authorities concerned have consented to the making of the order.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 A joint board constituted for the purposes of Part III of this Act shall be a body corporate with a common seal . . . .
11 An order constituting such a joint board—
(a) may, without prejudice to the provisions of section two hundred and ninety-three of the Local Government Act, 1933, . . . (which authorise the application of the provisions of those Acts to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent local authorities;
(b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and the apportionment of liabilities;
(c) may confer on the board the like powers for the compulsory purchase of land as are exercisable by local authorities;
(d) may provide for the application, with such adaptations as may be specified, of any enactments relating to functions transferred to the board;
(e) may contain such other provisions as appear to the Minister to be expedient for enabling the board to exercise their functions;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III
Application to Scotland
12 The foregoing provisions of this Schedule shall in their application to Scotland have effect subject to the following modifications:—
(a) for any reference to section two hundred and ninety-three of the Local Government Act, 1933, there shall be substituted a reference to section three hundred and sixty-three of the Local Government (Scotland) Act, 1947 . . .
(b)—(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 A combination of local authorities in Scotland for the purposes of Part III of this Act may, notwithstanding anything in subsection (5) of section one hundred and twenty of the Local Government (Scotland) Act, 1947, be effected under that section.
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4, 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 (1) Any land which immediately before the appointed day was held by the council of a county or county borough for the purposes of any enactment repealed by this Act, or which on the appointed day vests in or thereafter is transferred to the council of a county or county borough by virtue of this Schedule, shall save as otherwise provided in this Schedule be deemed to have been appropriated for such of the purposes of this Act as the council may determine.
(2) Any right of a council of a county or county borough subsisting immediately before the appointed day to use land for the purposes of any enactment repealed by this Act shall on and after the appointed day continue to subsist as a right to use the land for such of the purposes of this Act as the council may determine, subject however to the cesser of the right in any event (other than the repeal of the said enactment) in which it would have ceased apart from this sub-paragraph.
(3) Nothing in this paragraph shall affect the provisions of the National Health Service Act, 1946, or the National Health Service (Scotland) Act, 1947, as to the transfer and vesting of hospitals.
(4) In this paragraph the expression “land” includes any interest in land and any easement, servitude or right in, to or over land.
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 (1) Where immediately before the appointed day a person was receiving relief in a workhouse within the meaning of the Poor Law Act, 1930, then, if he is in need of accommodation under Part III of this Act, the authority liable to provide the accommodation shall, so long as the need continues, be the authority by which the relief was given.
(2) If immediately before the appointed day the cost of the relief referred to in the last foregoing sub-paragraph was recoverable from another authority, the authority giving relief shall have the like right to recover from the other authority the cost of any accommodation provided by virtue only of the last foregoing sub-paragraph.
(3) In respect of accommodation provided as aforesaid an authority shall be entitled to recover cost from another authority in accordance with the last foregoing sub-paragraph and not otherwise, but nothing in this paragraph shall affect any right of recovery from any other person.
(4) References in the foregoing provisions of this paragraph to the authority giving relief shall be construed, where the authority to whom application for relief was made and the authority managing the workhouse were not the same, as references to the authority to whom the application was made.
11 Where immediately before the appointed day a person was being maintained, in pursuance of an arrangement made by an authority in the exercise of functions under the Poor Law Act, 1930, in premises not managed by a local authority, that arrangement shall for the purposes of section twenty-six of this Act be deemed, so far as it relates to the said person and until he ceases to be maintained in the premises, to be an arrangement under subsection (1) thereof, notwithstanding that the premises are not managed by a voluntary organisation.
12, 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Where immediately before the appointed day the fact that a person was living in any place was to be disregarded in determining, for the purposes of any enactment repealed by this Act, his residence or ordinary residence, that fact shall be disregarded in determining his ordinary residence for the purposes of this Act.
15 Where any right of a local authority to recover any sum from another local authority depends upon the determination under the Poor Law Act, 1930, of any question as to settlement, removal or chargeability of any person pending at the appointed day, section one hundred and five of the said Act of 1930 (which provides for the recovery of the cost of relief by one council from another) shall continue to apply, but as if for proviso (b) to subsection (1) thereof (which excludes the provisions of that section where a removal order is refused on grounds of irremovability) there were substituted—
(b) this section shall not apply where the person whose settlement is in question has acquired a status of irremovability in the area of the local authority seeking to recover the cost of his relief.
16 Where on the appointed day a local authority in Scotland hold as trustees any property wholly or mainly for the use or benefit of the poor (within the meaning of section fifty-two of the Poor Law (Scotland) Act, 1845) of the whole or any part of their area, they shall hold and apply the property or the income thereof to such charitable purposes for the use and benefit of the persons for whom it is the duty of the local authority to make provision or arrangements under Part III of this Act as the authority may think fit.
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 (1) Notwithstanding anything in subsection (2) of section thirty-eight of the Interpretation Act, 1889 (which contains savings for vested rights and liabilities on the repeal of enactments), a person shall not by virtue of any enactment repealed by this Act be under any liability (whether under an order of the court or otherwise) as respects any period after the appointed day to maintain any person whom he is not liable to maintain for the purposes of this Act.
(2) Except as otherwise provided by the last foregoing sub-paragraph, any order of court or agreement made before the appointed day by virtue of which payments are required to be made to a local authority in respect of the relief or maintenance of any person while he remains chargeable to that authority under the existing poor law shall have effect, so long as accommodation is provided for him under Part III of this Act by that authority . . . , as if he were so chargeable.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 (1) For the purposes of any provision of this Schedule the expression “the appointed day” means such day appointed by the order under subsection (2) of section sixty-eight of this Act as may be specified in the order in relation to the provision in question.
(2) References in this Schedule to a workhouse within the meaning of the Poor Law Act, 1930, include, in relation to London, references to an asylum provided under section one hundred and twenty-three of that Act.
21 The following provisions shall have effect for the purpose of the application of this Schedule to Scotland:—
(a) for references to the Minister of Health there shall be substituted references to the Secretary of State;
(b) for references to a county borough there shall be substituted references to a large burgh;
(c) for references to the Poor Law Act, 1930, there shall be substituted references to the enactments relating to the relief of the poor in Scotland, and the expression “workhouse” means poorhouse;
(d) any reference to the local authority by which a poorhouse was provided shall include a reference to a combination of local authorities;
(e) paragraphs 12, 13 and 15 shall not apply.