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Health And Social Services And Social Security Adjudications Act 1983

Type Public General Act

Publication 1983-05-13

Last updated 2016-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — Community Care

Joint financing of community services in England and Wales

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Support to financing of community services in Scotland

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The following section shall be substituted for section 16A of the National Health Service (Scotland) Act 1978—

(16A) (1) A Health Board may, if they think fit, make payments in accordance with this section to any regional, islands or district counciltowards expenditure incurred or to be incurred by them in connection with the performance of the following functions— (a) any function relating to a matter which, by virtue of section 2(2)of the Social Work (Scotland) Act 1968 or any other enactment (other than section 3 of the Disabled Persons (Employment) Act 1958), stands referred to the social work committee of a regional or islands council; (b) any of a regional or islands council’s functions under section 1 of the Education (Scotland) Act 1980 in making provision for— (i) special educational needs; (ii) further education, within the meaning of those terms in that section; (c) any of a district or islands council’s functions under Part VII of the Housing (Scotland) Act 1966 (provision of housing accommodation); and (d) any of a regional or islands council’s functions under the following provisions— (i) Part III of the National Assistance Act 1948; (ii) section 116 of the Mental Health Act 1983; (iii) section 1 or 2 of the Chronically Sick and Disabled Persons Act 1970; (iv) section 23 or 297 of the Criminal Procedure (Scotland) Act 1975. (2) A Health Board may, if they think fit, make payments in accordance with this section to any of the following bodies towards expenditure incurred or to be incurred by them in connection with the provision of housing accommodation— (a) any housing association, as defined in section 208(1) of the Housing (Scotland) Act 1966, which is registered by the Housing Corporation under section 13 of the Housing Act 1974; (b) any development corporation established under section 2 of the New Towns (Scotland) Act 1968; (c) the Housing Corporation; and (d) the Scottish Special Housing Association. (3) Where a voluntary organisation provides services similar to the functions referred to in this section, payments may be made in accordance with this section to any such organisation towards expenditure incurred or to be incurred in connection with the provision of those services and such payments may be made by— (a) any Health Board either instead of or in addition to making payments under this section to any council, authority or other body in respect of such services; and (b) any such council, authority or other body which has received payments from a Health Board under this section, out of the sums so received. (4) Any payments made under this section, whether in respect of expenditure of a capital or of a revenue nature, or of both, shall be made in accordance with conditions prescribed for payments of that description by the Secretary of State in directions given under this subsection.

Financial assistance to voluntary organisations in Scotland

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Section 64 of the Health Services and Public Health Act 1968 (financial assistance to voluntary organisations) shall cease to have effect with regard to Scotland and the following section shall be inserted in the National Health Service (Scotland) Act 1978 after section 16A—

(16B) (1) The Secretary of State may, upon such terms and subject to such conditions as he may, with the approval of the Treasury, determine, give to a voluntary organisation to which this section applies assistance by way of grant or loan, or partly in the one way and partly in the other. (2) This section applies to a voluntary organisation whose activities consist in or include the provision of a service similar to a relevant service, the promotion or publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided. (3) In this section, “relevant service” means a service which must or may, by virtue of the National Health Service (Scotland) Act 1978, be provided or the provision of which must or may, by virtue of that Act, be secured by the Secretary of State, or a service for the provision of which a Health Board is, by virtue of that Act, under a duty to make arrangements.

Part II — Children and Young Persons

Abolition of regional plans for accommodation for children

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A voluntary home designated as a controlled or assisted community home in accordance with a regional plan approved by the Secretary of State under the Child Care Act 1980 shall be deemed to have been designated as such a home by the local authority named in the instrument of management made for the home under section 35 of that Act.

Closure of controlled or assisted community home

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Access to children in care-England and Wales

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Access to children in care-Scotland

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(1) In section 16 of the Social Work (Scotland) Act 1968 (assumption of parental rights and powers), in subsection (5)—

(a) the words from “unless” to “resolution” where it third occurs shall be left out; and

(b) for the words “that person’s whereabouts” there shall be substituted the words “the whereabouts of the person whose parental rights and powers have under the resolution vested in the local authority or in the voluntary organisation as the case may be”.

(2) The following sections shall be inserted in the said Act of 1968 after section 17 of that Act—

(17A) (1) A local authority or voluntary organisation may not terminate arrangements for access to a child who is the subject of a resolution under section 16 of this Act by his parent or guardian or refuse to make such arrangements unless they have first given the parent or guardian notice of termination or refusal in a form prescribed by order made by the Secretary of State. (2) A notice under this section shall contain a statement that the parent or guardian has a right to apply to the sheriff for an order under section 17B of this Act. (3) A notice terminating access shall state that access will be terminated as from the date of service of the notice. (4) A local authority or voluntary organisation are not to be taken to terminate arrangements for access for the purposes of this section in a case where they propose to substitute new arrangements for access for existing arrangements. (5) A local authority or voluntary organisation are not to be taken to refuse to make arrangements for access for the purposes of this section in a case where they postpone access for such reasonable period as appears to them to be necessary to enable them to consider what arrangements for access (if any) are to be made. (6) A notice under this section may be served on a parent or guardian either by delivering it to him or by leaving it at his proper address or by sending it by post. (7) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person shall be his last known address. (17B) (1) A parent or guardian on whom a notice under section 17A of this Act is served may apply by way of summary application to the sheriff (in the case of a local authority, the sheriff having jurisdiction in their area) for an order under this section (hereinafter referred to as an “access order”). (2) An access order shall be in order requiring the authority or organisation to allow the child’s parent or guardian access to the childsubject to such conditions as the order may specify with regard tocommencement, frequency, duration or place of access or to any other matter for which it appears to the sheriff that provision ought to be made in connection with the requirement to allow access. (3) Where an access order has been made— (a) the parent or guardian in the order; or (b) the local authority or voluntary organisation may apply by way of summary application to the sheriff for the variation or discharge of the order. (17C) (1) The sheriff may make an order under this subsection where he is satisfied that continued access to a child by his parent or guardian in accordance with the terms of an access order will put the child’s welfare seriously at risk. (2) Subject to subsection (3) below, an order under subsection (1) of this section shall be an order suspending the operation of the access order for 7 days beginning with the date of the order under subsection (1) of this section, or for such shorter period beginning with that date as may be specified in that order. (3) If during the period for which the operation of the access order is suspended the local authority or voluntary organisation make an application for its variation or discharge to the sheriff, its operation shall be suspended until the date on which the application to vary or discharge it is determined or abandoned. (17D) A court to which an application for an access order or any other application under section 17B or 17C of this Act or any appeal relating thereto is made shall regard the welfare of the child as the first and paramount consideration in determining the matter. (17E) (1) The Secretary of State shall prepare, and from time totime revise, a code of practice with regard to access to children who are in care or who are subject to a supervision requirement under section 44 of this Act. (2) Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned. (3) The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn. (4) No resolution shall be passed by either House of Parliament under subsection (3) above in respect of a code or alteration after the expiration of the period of forty days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (5) The Secretary of State shall publish the code as for the time beingin force.

(3) In section 18A of the Act (safeguarding of interests of child), in subsection (1), after the words “16A(3)” there shall be inserted the words “, 17B, 17C”.

Secure accommodation for children in Scotland

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(1) In section 32 of the Social Work (Scotland) Act 1968 (requisite conditions for compulsory measures of care for children), in subsection (2) there shall be inserted at the end—

(i) he is in the care of a local authority and his behaviour is such that special measures are needed for his adequate care and control.

(2) In section 59A of the said Act of 1968 (grants in respect of secure accommodation for children), subsection (3) shall be left out.

(3) In section 60 of that Act (control of residential establishments), in subsection (1)—

(a) after paragraph (b) there shall be inserted the following paragraph—

(bb) for the granting of approval by the Secretary of State for the provision and use of accommodation in residential establishments as secure accommodation;

(b) after paragraph (e) there shall be inserted the following paragraph—

(ee) for prescribing the minimum age below which a child’s liberty shall not be restricted in secure accommodation except with the Secretary of State’s consent;

(c) after paragraph (f), after the words “classes of establishments” there shall be inserted the words “, different classes of accommodation in residential and other establishments”.

(4) After section 58 of that Act there shall be inserted the following sections—

(58A) (1) A child who is made subject to a supervisionrequirement under this Act may not be placed or kept in secure accommodation, except under the provisions of this Act. (2) In this Act, “secure accommodation” means accommodation provided in a residential establishment in accordance with regulations made under section 60(1) of this Act for the purpose of restricting the liberty of children. (3) Where a children’s hearing decide, in accordance with section 44 of this Act, that a child is in need of compulsory measures of care, and they are satisfied that either— (a) he has a history of absconding, and— (i) he is likely to abscond unless he is kept in secure accommodation; and (ii) if he absconds, it is likely that his physical, mental or moral welfare will be at risk; or (b) he is likely to injure himself or other persons unless he is kept in secure accommodation, they may make it a condition of a supervision requirement under subsection (1)(b) of the said section 44 that the child shall be liable to be placed and kept in secure accommodation in the named residential establishment at such times as the person in charge of that establishment, with the agreement of the director of social work of the local authority required to give effect to the supervision requirement, considers it necessary that he do so. (4) The Secretary of State shall have power by regulations to make provision with respect to the placing in secure accommodation of any child— (a) who is subject to a supervision requirement imposed under section 44 of this Act but not subject to a condition imposed under subsection (3) of this section; or (b) who is not subject to such a supervision requirement but who is being cared for by a local authority or voluntary organisation in pursuance of such enactments as may be specified in the regulations, and such regulations shall specify the circumstances which require to pertain before a child may be so placed under regulations made under this subsection and may specify different circumstances for different cases or classes of case. (58B) (1) The Secretary of State shall by regulations prescribe— (a) the maximum period during which a child may be kept under this Act in secure accommodation without the authority of a children’s hearing or of the sheriff; (b) the period within which the case of a child placed under this Actin secure accommodation shall be referred to the reporter and differentperiods may be prescribed in respect of different cases or classes of case. (2) The Secretary of State shall by regulations make provision to enable a child who has been placed in secure accommodation under section 58(A)(4) of this Act or his parent to require that the child’s case be brought before a children’s hearing within a shorter period than would otherwise apply under regulations made under subsection (1)(a) of this section. (3) Where, in any case, a child’s hearing direct the reporter to make application to the sheriff for a finding under section 42(2) (c) of this Act (finding that grounds for referral are established), they shall have power, if they are satisfied with regard to the criteria specified in paragraph (a) or (b) of section 58A(3) of this Act, to authorise the detention or, as thecase may be, further detention of the child in secure accommodation in anamed residential establishment, pending the determination of the case in accordance with section 42(5) or (6) of this Act. (58C) (1) A condition imposed under section 58A(3) of this Act, requiring a child to reside in secure accommodation, shall be subject to review by a children’s hearing at such time as the local authority recommends and otherwise at such times and in accordance with such provisions as the Secretary of State shall by regulations prescribe. (2) A condition to which this section applies shall be reviewed when the supervision requirement is being reviewed, and may be reviewed separately from that review. (3) A condition to which this section applies shall cease to have effectat the expiry of the period of three months after it was made, unless it has been reviewed and the condition has been ordered to continue. (4) A condition which is continued on review shall cease to have effect at the expiry of the period of— (a) nine months after it is first reviewed; (b) twelve months after the second or any subsequent review, unless it has been reviewed and the condition has been ordered to continue. (5) Sections 44 and 48(5) of this Act shall apply to the review of conditions made under section 58A(3) of this Act as they apply to the review of supervision requirements. (6) The Secretary of State may from time to time make regulations to vary the periods specified in this section. (58D) Where under section 49(5) of this Act (appeal against decisionof children’s hearing) the sheriff is satisfied in a case in which there is inforce a condition under section 58A(3) of this Act that the decision of thechildren’s hearing is not justified in all the circumstances of the case heshall direct that the condition shall cease to have effect. (58E) (1) Where the sheriff or a children’s hearing issues a warrant under any of sections 37, 40 and 42 of this Act (detention in a place of safety), he or they may, if satisfied with regard to the criteria specified in paragraph (a) or (b) of section 58A(3) of this Act, authorise the detention or, as the case may be, further detention of the child in secure accommodation in a named residential establishment. (2) For the purposes of this section, the Secretary of State may makeregulations amending, varying or disapplying any of the criteria specified in the said paragraphs (a) and (b) of section 58A(3) of this Act except in relation to a warrant under section 37 of this Act. (58F) (1) The Secretary of State may by regulations make provision for the procedures to be applied in the placing of children in secure accommodation, and without prejudice to the foregoing generality may make provision for the referral of cases to a children’s hearing for review. (2) Regulations under this section may specify the duties of thereporter in relation to the placing of children in secure accommodation. (3) Regulations under this section may make provision for the parent ofa child being informed of the placing of the child in secure accommodation. (58G) Regulations made under sections 58A to 58F of this Act may include such transitional provisions as the Secretary of State may consider necessary, including provisions varying the application of any provision in those sections for a transitional period, either generally, or in relation to specified classes of cases.

Miscellaneous amendments of enactments relating to children and young persons

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Schedule 2 to this Act (which contains amendments relating to children and young persons) shall have effect.

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Part IV — Residential Homes, Nursing Homes etc.

Registration of homes

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(1) Part I of Schedule 4 to this Act shall have effect in place of the provisions of the Residential Homes Act 1980 other than those relating to meals and recreation for old people.

(2) The amendments to the Nursing Homes Act 1975, . . . specified in Part II of that Schedule shall have effect.

(3) Part III of that Schedule shall have effect in relation to tribunals to hear appeals concerning the registration of homes.

(4) The Secretary of State may by regulations made by statutory instrument make such transitional provision as he considers necessary or expedient in connection with this section.

(5) Regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part V — Organisation of the National Health Service

Amendments of National Health Service Act 1977

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Schedule 5 to this Act shall have effect.

Repeal of provisions about designation and membership of teaching authorities

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Part VI — Medical Practitioners etc.

Medical practitioners etc.

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The amendments to the National Health Service (Scotland) Act 1978 specified in Schedule 7 to this Act shall have effect.

Dental practitioners whose registration is suspended— England and Wales

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In the National Health Service Act 1977—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dental practitioners whose registration is suspended- Scotland

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In the National Health Service (Scotland) Act 1978—

(a) the following subsections shall be added at the end of section 25 (arrangements for general dental services)—

(4) Where the registration of a dental practitioner in the dentists register is suspended— (a) by an order under Part II of the Dentists Act 1983 (interim suspension); or (b) by a direction or order under Part III of that Act (health cases), the suspension shall not terminate any arrangements made with him for the provision of general dental services, but he shall not provide such services in person during the suspension. (5) Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration is so suspended.

; and

(b) the following paragraph shall be inserted after paragraph 6 of Schedule 1—

(6A) Notwithstanding paragraph 7 of this Schedule, where the registration of a dental practitioner in the dentists register is suspended— (a) by an order under Part II of the Dentists Act 1983 (interim suspension); or (b) by a direction under Part III of that Act (health cases), the suspension shall not terminate any contract of employment made between him and a Health Board but a person whose registration is suspended under that Part of that Act shall not perform any duties under a contract made between him and a Health Board which involve the practice of dentistry within the meaning of section 33(1) of the Dentists Act 1957.

Part VII — Charges for Local Authority Services

Charges for local authority services in England and Wales

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(1) Subject to subsection (3) below, an authority in England providing a service to which this section applies may recover such charge (if any) for it as they consider reasonable.

(2) This section applies to services provided under the following enactments—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) paragraph 1 of Part II of Schedule 9 to this Act ...

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If a person—

(a) avails himself of a service to which this section applies ... , and

(b) satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,

the authority shall not require him to pay more for it than it appears to them that it is reasonably practicable for him to pay.

(4) Any charge under this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charges for local authority services in Scotland

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In section 87 of the Social Work (Scotland) Act 1968 (charges for services and accommodation) there shall be substituted for subsection (1) the following subsections—

(1) Subject to sections 78 and 78A of this Act (contributions in respect of maintainable children) and to the following provisions of this section, a local authority providing a service under this Act may recover such charge (if any) for it as they consider reasonable. (1A) If a person— (a) avails himself of a service provided under this Act; and (b) satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it, the authority shall not require him to pay more for it than it appears to them that it is reasonably practicable for him to pay.

Contributions in respect of children in care

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In section 78 of the Social Work (Scotland) Act 1968 (duty to make contributions in respect of children in care)—

(a) in subsection (1) the words “and is engaged in remunerative employment” shall be omitted; and

(b) after subsection (2) there shall be inserted the following subsection—

(2A) No contributions shall be payable under subsection (1)(a) of this section by a contributor during a period when he is in receipt of— (a) benefits under the Supplementary Benefits Act 1976; or (b) a family income supplement under the Family Income Supplements Act 1970.

(7) After section 78 of the said Act of 1968 there shall be inserted the following section—

(78A) (1) Section 87 of this Act (charges for services and accommodation) shall not apply to provision of services (including accommodation) under this Act in respect of maintainable children, and the provisions of this section shall apply thereto. (2) A local authority providing such services may recover from a contributor a contribution (if any) of such amount as is reasonable and, subject to that, may recover— (a) a standard contribution determined by them in respect of maintainable children who are in their care or under their supervision; or (b) such other contribution as they consider reasonable in the circumstances.

Power of local authority to limit charge for residential accommodation to minimum rate

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(1) In the National Assistance Act 1948—

(a) the following subsection shall be inserted after subsection (5) of section 22 (charges to be made for accommodation)—

(5A) If they think fit, an authority managing premises in which accommodation is provided for a person shall have power on each occasion when they provide accommodation for him irrespective of his means, to limit to the minimum weekly rate prescribed under subsection (3) above the payments required from him for his accommodation during a period commencing when they begin to provide the accommodation for him and ending not more than eight weeks after that.

; and

(b) in section 26(4) (which applies certain provisions of section 22) after the word “Subsections” there shall be inserted the word “(5A),”.

(2) In section 87(3) of the Social Work (Scotland) Act 1968 there shall be inserted after the word “(4)” the words “(as amended by section 20 of the Health and Social Services and Social Security Adjudications Act 1983)”.

Recovery of sums due to local authority where persons in residential accommodation have disposed of assets

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(1) Subject to the following provisions of this section where—

(a) a person avails himself of Part III accommodation; and

(b) that person knowingly and with the intention of avoiding charges for the accommodation—

(i) has transferred any asset to which this section applies to some other person or persons not more than six months before the date on which he begins to reside in such accommodation; or

(ii) transfers any such asset to some other person or persons while residing in the accommodation; and

(i) the consideration for the transfer is less than the value of the asset; or

(ii) there is no consideration for the transfer,

the person or persons to whom the asset is transferred by the person availing himself of the accommodation shall be liable to pay to the local authority providing the accommodation or arranging for its provision the difference between the amount assessed as due to be paid for the accommodation by the person availing himself of it and the amount which the local authority receive from him for it.

(2) This section applies to cash and any other asset which falls to be taken into account for the purpose of assessing under section 22 of the National Assistance Act 1948 the ability to pay for the accommodation of the person availing himself of it.

(3) Subsection (1) above shall have effect in relation to a transfer by a person who leaves Part III accommodation and subsequently resumes residence in such accommodation as if the period of six months mentioned in paragraph (b)(i) were a period of six months before the date on which he resumed residence in such accommodation.

(3A) If the Secretary of State so directs, subsection (1) above shall not apply in such cases as may be specified in the direction.

(4) Where a person has transferred an asset to which this section applies to more than one person, the liability of each of the persons to whom it was transferred shall be in proportion to the benefit accruing to him from the transfer.

(5) A person’s liability under this section shall not exceed the benefit accruing to him from the transfer.

(6) Subject to subsection (7) below, the value of any asset to which this section applies, other than cash, which has been transferred shall be taken to be the amount of the consideration which would have been realised for it if it had been sold on the open market by a willing seller at the time of the transfer.

(7) For the purpose of calculating the value of an asset under subsection (6) above there shall be deducted from the amount of the consideration—

(a) the amount of any incumbrance on the asset; and

(b) a reasonable amount in respect of the expenses of the sale.

(8) In this Part of this Act “Part III accommodation” means accommodation provided under sections 21 to 26 of the National Assistance Act 1948, and, in the application of this Part of this Act to Scotland, means 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,.

Arrears of contributions charged on interest in land in England and Wales

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(1) Subject to subsection (2) below, where a person who avails himself of Part III accommodation provided by a local authority in England, Wales or Scotland—

(a) fails to pay any sum assessed as due to be paid by him for the accommodation; and

(b) has a beneficial interest in land in England or Wales,

the local authority may create a charge in their favour on his interest in the land.

(2) In the case of a person who has interests in more than one parcel of land the charge under this section shall be upon his interest in such one of the parcels as the local authority may determine.

(2A) In determining whether to exercise their power under subsection (1) above and in making any determination under subsection (2) above, the local authority shall comply with any directions given to them by the Secretary of State as to the exercise of those functions.

(2B) A local authority in England may not create, or be required by directions under subsection (2A) to create, a charge under this section on or after the day on which section 1 of the Care Act 2014 came into force.

(2C) A local authority in Wales may not create, or be required by directions under subsection (2A) to create, a charge under this section on or after the day on which section 2 of the Social Services and Well-being (Wales) Act 2014 came into force.

(3) Any interest in the proceeds of sale of land held upon trust for sale is to be treated, subject to subsection (8) below, as an interest in land for the purposes of this section.

(3A) Subject to subsection (5) below, a charge under this section created by a local authority in England shall be in respect of any amount which is outstanding from time to time and is—

(a) assessed as due to be paid by the person to the authority for the Part III accommodation, or

(b) due by the person to the authority under Part 1 of the Care Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation.

(3B) Subject to subsection (5) below, a charge under this section created by a local authority in Wales shall be in respect of any amount which is outstanding from time to time and is—

(a) assessed as due to be paid by the person to the authority for the Part III accommodation, or

(b) due by the person to the authority under Part 5 of the Social Services and Well-being (Wales) Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation.

(4) Subject to subsection (5) below, a charge under this section created by a local authority in ... Scotland shall be in respect of any amount assessed as due to be paid which is outstanding from time to time.

(5) The charge on the interest of an equitable joint tenant in land shall be in respect of an amount not exceeding the value of the interest that he would enjoy in the land if the joint tenancy were severed but the creation of such a charge shall not sever the joint tenancy.

(6) On the death of an equitable joint tenant in land whose interest in the land is subject to a charge under this section—

(a) if there are surviving joint tenants, their interests in the land; and

(b) if the land vests in one person, or one person is entitled to have it vested in him, his interest in it,

shall become subject to a charge for an amount not exceeding the amount of the charge to which the interest of the deceased joint tenant was subject by virtue of subsection (5) above.

(7) A charge under this section shall be created by a declaration in writing made by the local authority.

(8) Any such charge, other than a charge on the interest of an equitable joint tenant in land, shall in the case of unregistered land be a land charge ofClass B within the meaning of section 2 of the Land Charges Act 1972 and in the case of registered land be a registrable charge taking effect as a charge by way of legal mortgage.

Arrears of contributions secured over interest in land in Scotland

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(1) Subject to subsection (2) below, where a person (hereinafter referred to as the debtor) who avails himself of Part III accommodation provided by a local authority in Scotland, England or Wales—

(a) fails to pay any sum (hereinafter referred to as the debt) assessed as due to be paid by him for the accommodation; and

(b) has an interest in land in Scotland (“an interest in land” meaning land or, as defined in section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970, a real right in land),

the local authority may make in their favour and record in the General Register of Sasines or, as appropriate, register in accordance with the Land Registration etc. (Scotland) Act 2012 an order (hereinafter referred to as a charging order) over that interest in land in respect of the amount of that debt.

(2) In the case of a debtor who has more than one interest in land a charging order shall be over such one of those interests as the local authority may determine.

(2A) In determining whether to exercise their power under subsection (1) above and in making any determination under subsection (2) above, the local authority shall comply with any directions given to them by the Secretary of State as to the exercise of those functions.

(2B) A local authority in England may not make, or be required by directions under subsection (2A) to make, a charging order on or after the day on which section 1 of the Care Act 2014 came into force.

(3) On being so recorded or, as the case may be, registered, a charging order over an interest in land shall create a right which shall be deemed to have been granted by the debtor in favour of the local authority over that interest for the purpose mentioned in subsection (3A) or (as the case may be) (3B) below.

(3A) Where the charging order is made by a local authority in Scotland or Wales, the purpose referred to in subsection (3) above is the purpose of securing any debt due or to become due by the debtor to the local authority in respect of the provision of the Part III accommodation referred to in subsection (1) above, with interest on that amount as specified in section 24.

(3B) Where the charging order is made by a local authority in England, the purpose referred to in subsection (3) above is the purpose of securing any debt due or to become due by the debtor to the local authority—

(a) in respect of the provision of the Part III accommodation referred to in subsection (1) above, or

(b) under Part 1 of the Care Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation,

in either case, with interest on that amount as specified in section 24.

(3C) A local authority that records or registers a charging order as mentioned in subsection (1) above shall—

(a) intimate to the debtor in writing that they have made and recorded or registered the order, and

(b) inform the debtor of the order’s effect.

(4) Where an interest in land (as defined in subsection (1)(b) above) over which a charging order is made is an interest to which the debtor does not have a completed title, the order shall be as valid as if the debtor had such title.

(5) Charging orders and the discharge thereof shall be in such form or forms as the Secretary of State may by order prescribe and he may also by order make provision for ascertaining the amount due under the charging order at any time.

(6) The provisions of Part II of the said Act of 1970 shall apply to a charging order under this section as if it were a standard security in a form prescribed in Schedule 2 to that Act to such extent and with such modifications as the Secretary of State may by order prescribe.

(7) The power to make an order under subsections (5) and (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Interest on sums charged on or secured over interest in land

24

(1) Any sum charged on or secured over an interest in land under this Part of this Act shall bear interest from the day after that on which the person for whom the local authority provided the accommodation dies.

(2) The rate of interest shall be such reasonable rate as the Secretary of State may direct or, if no such direction is given, as the local authority may determine.

Part VIII — Miscellaneous

25

Fees for certificates relating to notifiable diseases and food poisoning

26

(1) The following section shall be substituted for section 50 of the Health Services and Public Health Act 1968—

(50) (1) Subject to any exceptions which he may specify, the Secretary of State may direct that a District Health Authority shall pay to a medical practitioner for each certificate duly sent by him under section 48 of this Act a fee of such amount as the direction may specify. (2) The Secretary of State may direct that different fees shall be paid under this section in relation to different circumstances. (3) A direction under this section may make provision in relation to fees payable after a date specified in the direction. (4) The date may be before or after the date of the direction but may not be before if it would be to the detriment of medical practitioners. (5) Before giving a direction as to a fee under this section the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners. (6) For the avoidance of doubt it is hereby declared that the fact that a medical practitioner who gives a certificate under section 48 of this Act holds the office to whose holder the certificate is required to be sent does not disentitle him to payment of the fee (if any) payable for the certificate.

(2) The following section shall be inserted after section 71 of thatAct—

(71A) (1) Subject to any exceptions which he may specify, the Secretary of State may direct that a Health Board shall pay to a medical practitioner a fee of such amount as the direction may specify for each certificate duly sent by him under— (a) section 3(1) of the Infectious Diseases (Notification) Act 1889 (notifications of infectious diseases); (b) regulations made under section 1 of the Public Health (Scotland) Act 1945 (power to make regulation with a view to preventing the spread of certain diseases); (c) section 22(1) of the Food and Drugs (Scotland) Act 1956 (notification of cases of food poisoning). (2) The Secretary of State may direct that different fees shall be paid under this section in relation to different circumstances. (3) A direction under this section may make provision in relation to fees payable after a date specified in the direction. (4) The date may be before or after the date of the direction but may not be before if it would be to the detriment of medical practitioners. (5) Before giving a direction as to a fee under this section the Secretary of State shall consult any body accepted by him as a proper body for negotiating fees for medical practitioners. (6) For the avoidance of doubt it is hereby declared that the fact that a medical practitioner who gives any such certificate as is referred to in subsection (1) above holds the office to whose holder the certificate is required to be sent does not disentitle him to payment of the fee (if any) payable for the certificate. (7) This section applies to Scotland only.

Abolition of advisory bodies

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IX — Supplementary

Financial provisions

28

(1) There shall be defrayed out of money provided byParliament—

(a) any expenses incurred by the Secretary of State for the purposes of the Central Council for Education and Training in Social Work or of Registered Homes Tribunals; and

(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

(2) Any sums repaid to the Secretary of State in pursuance of this Act shall be paid by him into the Consolidated Fund.

Minor and consequential amendments

29

(1) The enactments specified in Part I of Schedule 9 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the foregoing provisions of this Act).

(2) Part II of that Schedule shall have effect in place of the provisions of the Residential Homes Act 1980 relating to meals and recreation for old people.

Repeals and revocation

30

(1) The enactments specified in Part I of Schedule 10 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Part of that Schedule.

(2) The instrument specified in Part II of that Schedule is revoked to the extent specified in the third column of that Part.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to repeal or amend local Acts

31

(1) The Secretary of State may by order—

(a) repeal any provision of a local Act passed before or in the same Session as this Act if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any enactment contained in this Act or of regulations made under any such enactment;

(b) amend any provision of such an Act if it appears to him that the provision requires amendment in consequence of any enactment contained in this Act or of regulations made under any such enactment or of any repeal made by virture of the preceding paragraph;

and an order made in pursuance of this subsection may include such incidental or transitional provisions as the Secretary of State considers are appropriate in connection with the order.

(2) It shall be the duty of the Secretary of State, before he makes an order in pursuance of subsection (1) above amending or repealing any provision of a local Act, to consult each local authority which he considers would be affected by the amendment or repeal of that provision.

(3) The power to make orders conferred by subsection (1) above shall be exercisable by statutory instrument; and any statutory instrument made in the exercise of that power shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement

32

(1) This section and sections 33 and 34 below shall come into force on the day this Act is passed.

(2) Subject to subsection (1) above, the provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.

Extent

33

(1) The following provisions of this Act—

(a) section 9 and paragraphs 15 and 16 of Schedule 2;

(b) Part III and Schedule 3;

(d) section 25(2) and paragraph 31(6) of Schedule 8;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

extend to Northern Ireland.

(2) Except where the contrary intention appears, subject to subsection (3) below, where any enactment repealed or amended or instrument revoked by this Act extends to any part of the United Kingdom or to the Channel Islands, the repeal, amendment or revocation extends to that part or those Islands.

(3) Where this Act makes—

(a) an amendment of an enactment contained in an Act which makes special provision for extending or applying enactments contained in it to the Isles of Scilly; or

(b) an addition to such an Act,the provision for extending or applying enactments shall authorise the extension or application of the amended enactment or addition to the Isles.

(4) Subsection (3) above applies to an amended enactment whether or not the enactment was extended or applied to the Isles before it was amended.

(5) Subject to subsections (2) to (4) above, this Act shall, in its application to the Isles, have effect subject to such extensions, adaptations and modifications as the Secretary of State may by order made by statutory instrument prescribe.

(6) Any statutory instrument made in exercise of the power conferred by subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Short title

34

This Act may be cited as the Health and Social Services and Social Security Adjudications Act 1983.

SCHEDULE 1

Part I — ADDITION OF PART IA TO CHILD CARE ACT 1980

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Other Amendments

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The following subparagraph shall be added at the end of section 103(1)(a) of the Children Act 1975—

(iv) section 12F of the Child Care Act 1980;

SCHEDULE 2

Adoption Act 1958 (c. 5.)

1

The repeals—

(a) of section 33 of the Adoption Act 1958 (inspection of books of registered adoption societies) by the Adoption Act1976 and by the Adoption (Scotland) Act 1978; and

(b) of sections 34(4) and (5) and 34A(6A) and (6B) of that Act by the Adoption (Scotland) Act 1978,

are hereby brought into force.

Children Act 1958 (c. 65)

2

In section 7 of the Children Act 1958 (removal of foster children kept in unsuitable surroundings) for subsection (4) there shall be substituted the following subsection.

(4) A local authority may receive into their care under section fifteen of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc), any child removed under this section, whether or not the circumstances of the child are such that they fall within paragraphs (a) to (c) of subsection (1) of the said section 15 and notwithstanding that he may appear to the local authority to be over the age of seventeen.

Mental Health Act 1959 (c. 72.)

3

In subsection (1) of section 9 of the Mental Health Act 1959 (functions of children authorities) for the words “section 34” there shall be substituted the words “section 31”.

4

In subsection (3A) of section 15 of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc.)—

(a) for the words “notwithstanding that no” there shall be substituted the words “whether or not a”; and

(b) for paragraph (b) there shall be substituted the following paragraph—

(b) by a parent or guardian of the child in relation to whom no resolution under section 16 of this Act is in effect with respect to the child and who has given the local authority not less than 28 days’ notice in writing of his intention to do it.

5

In section 20 of that Act (duty of local authority to further the best interests of a child in their care)—

(a) in subsection (1), for the words “, the local authority” there shall be substituted the words “or of a voluntary organisation, they”;

(b) in subsection (2), for the words “a local authority” there shall be substituted the word “they”, and after the words “the local authority”, there shall be inserted the words “or voluntary organisation”; and

(c) in subsection (3), after the word “authority”, there shall be inserted the words “or voluntary organisation”, and for the words “section 17(3)” there be substituted the words “sections 17(3), 17(3A)”.

6

In subsection (2) of section 23 of that Act (power of Secretary of State to consent to emigration of child in care of local authority in certain circumstances) for the words “or relative” there shall be substituted the words “relative or friend”.

7

In subsection (1) of section 31 of that Act (restriction on prosecution of children for offences) after the word “child” on each occurrence there shall be inserted the words “under the age of sixteen years”.

8

In section 42 of that Act (application from reporter to sheriff for findings)—

(a) in subsection (6) at the beginning there shall be inserted the words “Subject to subsection (6A) of this section,”;

(b) after subsection (6) there shall be inserted the following subsection—

(6A) Notwithstanding the provisions of subsection (2)(c) of this section, where, in the course of the proceedings before the sheriff, the child and his parent accept any of the grounds in respect of which the application has been made, the sheriff may dispense with the hearing of evidence relating to that ground unless he is satisfied that in all the circumstances such evidence should be heard, and deem that ground to have been established for the purposes of this section.

; and

except that where any of the grounds for the referral are accepted by the child’s parent, whether or not accepted by the child, then, notwithstanding subsection (6A) of this section, the sheriff may dispense with the hearing of evidence relating to that ground if he is satisfied that in all the circumstances it would be reasonable to do so.

Family Law Reform Act 1969 (c. 46.)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1969 (c. 54.)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

In section 25 of that Act (transfers of children in care between England or Wales and Northern Ireland)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

Section 46 of that Act (discontinuance of approved schools etc. on establishment of community homes) and Schedule 3 to that Act (which relates to such schools and to other institutions) shall have effect as if—

(a) any reference to a regional plan approved by the Secretary of State included a reference to a home being designated as a community home under section 31 of the Child Care Act 1980; and

(b) any reference to a planning area included a reference to the area of a local authority.

18

In section 65(3) of that Act (grants to voluntary organisations etc.) for the words from “such” to “institution” there shall be substituted the words “part of the premises occupied by the institution forms part of a controlled or assisted community home.”.

19

In section 73 of that Act (citation, commencement and extent) in subsection (6) (by virtue of which section 32(1) and (4), among other provisions, extend to the Channel Islands) after the words “32(1)” there shall be inserted the word “,(1A)”

Matrimonial Causes Act 1973 (c. 18.)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts Act 1973 (c. 62.)

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 1975 (c. 72.)

22

In section 4(1) of the Children Act 1975 (approval of adoption societies) for the word “desiring” there shall be substituted—

(a) in the first place where it occurs, the words “which is a voluntary organisation and desires”; and

(b) in the second place where it occurs, the word “desires”.

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

In section 51 of that Act (restriction on removal of child where applicant has provided home for three years), for the word “custody”—

(a) where it secondly occurs in subsection (1); and

(b) in subsection (2),

there shall be substituted the words “care and possession”.

26

In section 52 of that Act (return of child taken away in breach of section 51) for the word “custody”, except where it first occurs, there shall be substituted the words “care and possession”.

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

In section 103 of that Act (guardians ad litem etc.)—

(a) in subsection (1), for the words “a panel” there shall be substituted the words “one or more panels”; and

(b) the following subsection shall be substituted for subsection (2)—

(2) Regulations under subsection (1) may provide— (a) for the defrayment by local authorities of expenses incurred by members of a panel established by virtue of that subsection; and (b) for the payment by local authorities of fees and allowances for members of such a panel.

Adoption Act 1976 (c. 36.)

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption (Scotland) Act 1978 (c. 28.)

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child Care Act 1980 (c. 5.)

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

60

The word “actual” shall be inserted before the word “custody”, wherever it occurs in—

(a) sections 34(1) and (2) and 34A(1) and (2) of the Adoption Act 1958;

(b) sections 30(1) and (2), 41(1) and (2) and 42(1) and (2) of the Children Act 1975; and

61

In section 57(2) of the Adoption Act 1958, for the words “care or possession”, in both places where they occur, there shall be substituted the words “actual custody”.

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Part I

1

The Council shall consist of a chairman and not more than 25 other members.

2

The members of the Council shall be appointed by the Secretary of State.

3

Before appointing a member other than the chairman the Secretary of State shall consult any body that appears to him to be appropriate.

4

The Chairman shall be appointed for a term not exceeding 5 years but shall be eligible for reappointment as chairman.

5

Each of the other members shall be appointed for a term not exceeding 3 years, except that a member appointed to fill a casual vacancy shall be appointed for the remainder of the term for which his predecessor was appointed.

6

A person who is or who has been a member of the Council shall be eligible for reappointment as a member.

7

The persons who are the chairman and members of the Council at the commencement of section 10 above shall cease to hold office on that date but may be reappointed to the Council.

8

A member of the Council may at any time resign his office.

9

The Secretary of State may remove a member from office if that member—

(a) has become bankrupt or made an arrangement with his creditors;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Council for a period of 6 months otherwise than for a reason approved by the Secretary of State; or

(d) is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

Part II — Supplementary

Committees

10

The Council may appoint one or more committees.

11

A committee may be appointed under paragraph 10 above to advise the Council or to perform any of the functions of the Council or for both purposes.

12

If the Secretary of State directs the Council to appoint committees to advise the Council on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, it shall be the Council’s duty to appoint a committee or committees in accordance with the direction.

13

The Council may determine that any committee appointed under paragraph 12 above to advise on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, shall also perform any functions of the Council so far as they so relate.

14

Where a committee perform any of the Council’s functions, the Council may direct that the committee shall cease to perform them.

15

No person shall be appointed chairman of a committee unless he is a member of the Council.

16

If the Secretary of State so directs, it shall be the duty of the Council to notify to him the name of the person whom they propose to appoint as chairman of any committee appointed to advise the Council on the exercise of the Council’s functions so far as they relate to Scotland, Wales or Northern Ireland, whether the committee was established in pursuance of a direction or not.

17

A notification under paragraph 16 above shall be sent to the Secretary of State at least 14 days before the proposed appointment is due to take effect.

18

A person whose proposed appointment has been notified to the Secretary of State shall not be appointed chairman of the committee to the chairmanship of which the Council propose to appoint him if the Secretary of State directs the Council not to appoint him.

Proceedings

19

The proceedings of the Council or any committee appointed by the Council shall not be invalidated by any vacancy in the membership of the Council or committee, or by any defect in the appointment of any member.

20

The Council and, subject to any directions of the Council, any committee appointed by them, may regulate their own procedure and fix a quorum for their own proceedings.

Staff

21

The Council may appoint such numbers of staff, of such descriptions and upon such terms as to remuneration and other conditions of service, as the Council may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

22

The Council shall have power, with the approval of the Secretary of State given with the consent of the Treasury—

(a) to pay pensions, allowances and gratuities to or in respect of the Council’s staff;

(b) to make payments towards the provision of such pensions, allowances or gratuities;

(c) to provide or maintain schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities; and

(d) to pay compensation to any member of their staff for loss of office.

23

Compensation under paragraph 22(d) above may be in excess of the amount required by the Employment Rights Act 1996.

Payment of allowances to members

24

The Council may pay to their members, and to the members of any committee appointed by them, such travelling, subsistence and other allowances as the Council may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

Accounts and audit

25

The Council shall keep proper accounts and other records in relation to the accounts and prepare in respect of each financial year and transmit to the Secretary of State a statement of account in such form as the Secretary of State may, with the approval of the Treasury, determine.

26

The Secretary of State shall transmit the statement on or before 30th November following the financial year to the Comptroller and Auditor General, who shall examine and certify it and lay copies of it together with his report on it before each House of Parliament.

Expenses of Council

27

The Secretary of State shall out of money provided by Parliament pay to the Council such sums as may be necessary to defray the Council’s approved expenditure so far as that expenditure exceeds any income derived from the exercise of the Council’s functions and is not met out of moneys appropriated by Measure of the Northern Ireland Assembly.

28

In paragraph 27 above “approved expenditure” means expenditure incurred with the approval of the Secretary of State and the Head of the Department of Health and Social Services for Northern Ireland.

SCHEDULE 4

Part I — Residential Care Homes

Requirement of registration

1

(1) Subject to the following provisions of this paragraph, registration under this Part of this Schedule is required in respect of any establishment which provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons in need of personel care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.

(2) Such an establishment is referred to in this Part of this Schedule as a “residential care home”.

(3) Registration under this Part of this Schedule does not affect any requirement to register under the Nursing Homes Act 1975.

(4) Registration under this Part of this Schedule is not required in respect of an establishment which provides or is intended to provide residential accommodation with both board and personal care for fewer than 4 persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives.

(5) Registration under this Part of this Schedule is not required in respect of any of the following—

(a) any establishment which is used, or is intended to be used, solely as a nursing home or mental nursing home as defined in sections 1 and 2 of the Nursing Homes Act 1975;

(b) any hospital as defined in section 128 of the National Health Service Act 1977 which is maintained in pursuance of an Act of Parliament;

(d) any voluntary home or community home within the meaning of the Child Care Act 1980;

(e) any children’s home to which the Children’s Homes Act 1982 applies;

(f) subject to subparagraph (6) below, any school, as defined in section 114 of the Education Act 1944;

(g) subject to subparagraph (7) below, any establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b) of the Education Act 1944;

(h) any university or university college or college, school or hall of a university;

(i) any establishment managed or provided by a government department or local authority or by any authority or body constituted by an Act of Parliament or incorporated by Royal Charter.

(6) An independent school within the meaning of the Education Act 1944 is not excluded by subparagraph (5) above if the school provides accommodation for 50 or less children under the age of 18 years and is not for the time being approved by the Secretary of State under section 11(3)(a) of the Education Act 1981.

(7) An establishment to which the Secretary of State has made a payment of maintenance grant under regulations made by virtue of section 100(1)(b) of the Education Act 1944 is only excluded by subparagraph (5) above until the end of the period of 12 months from the date on which the Secretary of State made the payment.

General interpretation

2

(1) In this Part of this Schedule—

“disablement”, in relation to persons, means that they are blind, deaf or dumb or substantially and permanently handicapped by illness, injury or congenital deformity or any other disability prescribed by the Secretary of State;

“mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind;

“personal care” means care which includes assistance with bodily functions where such assistance is required;

“prescribed” means prescribed by regulations under this Part of this Schedule;

“psychopathic disorder” means a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned;

“registered”, except where the context otherwise requires, means registered under this Part of this Schedule and cognate expressions have a corresponding meaning;

“registration authority”, in relation to a residential care home, means, subject to subparagraph (2) below, any council which for the purposes of the Local Authority Social Services Act 1970 is the local authority for the area in which the home is situated; and

“standard scale” means the standard scale as defined in section 75 of the Criminal Justice Act 1982.

(2) The Council of the Isles of Scilly is the registration authority in relation to a residential care home in the Isles.

Meaning of “relative”

3

(1) In this Part of this Schedule

“relative” means any of the following—

(a) husband or wife;

(b) son or daughter;

(d) brother or sister;

(e) grandparent or other ascendant;

(f) grandchild or other descendant;

(g) uncle or aunt;

(h) nephew or niece.

(2) In deducing any relationship for the purposes of subparagraph (1) above—

(a) any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the halfblood as a relationship of the whole blood, and the stepchild of any person as his child, and

(b) an illegitimate person shall be treated as the legitimate child of his mother and reputed father.

(3) In this paragraph “husband” and “wife” include a person who is living with a person carrying on or intending to carry on a residential care home as that person’s husband or wife, as the case may be, and who has been so living for a period of not less than 6 months.

(4) A person, other than a relative, with whom a person carrying on or intending to carry on a residential care home ordinarily resides, and with whom that person has been ordinarily residing for a period of not less than 5 years, shall be treated for the purposes of this Part of this Schedule as if he were a relative.

Penalty for carrying on home without registration

4

If any person carries on a residential care home without being registered in respect of it, he shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Registration of managers etc. and persons in control

5

Where the manager or intended manager of a residential care home is not in control of it (whether as owner or otherwise) both the manager or intended manager and the person in control are to be treated as carrying on or intending to carry on the home and accordingly as requiring to be registered.

Optional registration

6

(1) A person who—

(a) is registered under the Nursing Homes Act 1975 in respect of any premises; and

(b) would be required to be registered in respect of them under this Part of this Schedule but for paragraph 1(4) above,

may apply to be registered under this Part of this Schedule in respect of those premises.

(2) If he does so apply, this Part of this Schedule shall have effect in relation to him as if he required to be registered under this Part of this Schedule in respect of those premises.

Registration

7

(1) An application for registration shall be made to the registration authority and shall be accompanied by a registration fee of such amount as the Secretary of State may by regulations prescribe.

(2) Subject to paragraphs 11, 14 and 15 below, on receipt of an application for registration and of the registration fee the registration authority shall register the applicant in respect of the home named in the application and issue to him a certificate of registration.

(3) It shall be a condition of the registration of any person in respect of a residential care home that the number of persons for whom residential accommodation with both board and personal care is provided in the home at any one time (excluding persons carrying on or employed at the home and their relatives) does not exceed such number as may be specified in the certificate of registration; and the registration may also be subject to such other conditions (to be specified in the certificate) as the registration authority consider appropriate for regulating the age, sex or category of persons who may be received in the home.

(4) The registration authority may from time to time—

(a) vary any condition for the time being in force in respect of a home by virtue of this Part of this Schedule; or

(b) impose an additional condition,

either on the application of a person registered in respect of it or without such an application.

(5) If any condition for the time being in force in respect of a home by virtue of this part of this Schedule is not complied with, any person registered in respect of the home shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

(6) The certificate of registration issued in respect of any home shall be kept affixed in a conspicuous place in the home; and if default is made in complying with this subparagraph, any person registered in respect of the home shall be liable on summary conviction to a fine of an amount notexceeding level 2 on the standard scale and to a further fine not exceeding£5 for each day on which the offence continues after conviction.

Death of only person registered in respect of home

8

Where—

(a) one person only is registered in respect of a residential care home; and

(b) that person dies,

his personal representatives or his widow or any other relative of his mayfor a period not exceeding 4 weeks from his death, or such longer period as the registration authority may sanction, carry on the home without being registered in respect of it.

Inspection of registers

9

The registers kept by a registration authority for the purpose of this Part of this Schedule shall be available for inspection at all reasonable times, and any person inspecting any such register shall be entitled to make copies of entries in the register on payment of such reasonable fee as the registration authority may determine.

Annual fee for registration

10

The Secretary of State may by regulations—

(a) require persons registered in respect of residential care homes to payan annual fee of such amount as the regulations may specify; and

(b) Specify when the fee is to be paid.

Refusal of registration

11

The registration authority may refuse to register an applicant for registration in respect of a residential care home if they are satisfied—

(a) that he or any other person concerned or intended to be concerned in carrying on the home is not a fit person to be concerned in carrying on a residential care home;

(b) that for reasons, connected with their situation, construction, state of repair, accommodation, staffing or equipment, the premises used orintended to be used for the purposes of the home, or any other premises used or intended to be used in connection with it, are not fit to be so used; or

(c) that the way in which it is intended to carry on the home is such as not to provide services or facilities reasonably required.

Cancellation of registration

12

The registration authority may cancel the registration of a person in respect of a residential care home—

(a) on any ground which would entitle them to refuse an application for his registration in respect of it;

(b) on the ground that the annual fee in respect of the home has not been paid on or before the due date; or

(i) that he has been convicted of an offence under this Part of this Schedule or any regulations made under it in respect of that or any other residential care home;

(ii) that any other person has been convicted of such an offence in respect of that home; or

(iii) that any condition for the time being in force in respect of the home by virtue of this Part of this Schedule has not been complied with.

Urgent procedure for cancellation of registration etc.

13

(1) If—

(a) the registration authority apply to a justice of the peace for an order—

(i) cancelling the registration of a person in respect of a residential care home;

(ii) varying any condition for the time being in force in respect of a home by virtue of this Part of this Schedule; or

(iii) imposing an additional condition; and

(b) it appears to the justice of the peace that there will be a serious risk to the life, health or wellbeing of the residents in the home unless the order is made,

he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made.

(2) An application under subparagraph (1) above may be made ex parte and shall be supported by a written statement of the registration authority’s reasons for making the application.

(3) An order under subparagraph (1) above shall be in writing.

(4) Where such an order is made, the registration authority shall serve on any person registered in respect of the home, as soon as is practicable after the making of the order,—

(a) notice of the making of the order and of its terms; and

(b) a copy of the statement of the authority’s reasons which supportedtheir application for the order.

Procedure—general

14

(1) Subject to subparagraph (2) below, where—

(a) a person applies for registration; and

(b) the registration authority propose to grant his application

the authority shall give him written notice of their proposal and of the conditions subject to which they propose to grant his application.

(2) The registration authority need not give notice of such a proposal if they propose to grant the application subject only to conditions which—

(a) the applicant specified in the application; or

(b) the authority and the applicant have subsequently agreed.

(3) The registration authority shall give an applicant notice of a proposal to refuse his application.

(4) Except where they make an application under paragraph 13 above, the registration authority shall give any person registered in respect of a residential care home notice of a proposal—

(a) to cancel the registration;

(b) to vary any condition for the time being in force in respect of the home by virtue of this Part of this Schedule; or

(5) A notice under this paragraph shall give the registration authority’s reasons for their proposal.

Right to make representations

15

(1) A notice under paragraph 14 above shall state that within 14 days of service of the notice any person on whom it is served may in writing require the registration authority to give him an opportunity to make representations to them concerning the matter.

(2) Where a notice has been served under paragraph 14 above, the registration authority shall not determine the matter until either—

(a) any person on whom the notice was served has made representations concerning the matter; or

(b) the period during which any such person could have required them to give him an opportunity to make representations has elapsed without their being required to give such an opportunity; or

(3) The conditions mentioned in subparagraph (2) above are—

(a) that a person on whom the notice was served has required the registration authority to give him an opportunity to make representations to them concerning the matter;

(b) that the registration authority have allowed him a reasonable period to make his representations; and

(4) Representations may be made, at the option of the person making them, either in writing or orally.

(5) If he informs the registration authority that he desires to make oral representations, they shall give him an opportunity of appearing before and of being heard by a committee or subcommittee of the registration authority.

16

(1) If the registration authority decide to adopt the proposal, they shall serve notice in writing of their decision on any person on whom they were required to serve notice of their proposal.

(2) A notice under this paragraph shall be accompanied by a note explaining the right of appeal conferred by paragraph 17 below.

(3) A decision of a registration authority, other than a decision to grant an application for registration subject only to such conditions as are mentioned in paragraph 14(2) above or to refuse an application for registration, shall not take effect—

(a) if no appeal is brought, until the expiration of the period of 28 days referred to in paragraph 17(3) below; and

(b) if an appeal is brought, until it is determined or abandoned.

Appeals

17

(1) An appeal against—

(a) a decision of a registration authority; or

(b) an order made by a justice of the peace under paragraph 13 above.

shall lie to a Registered Homes Tribunal.

(2) An appeal shall be brought by notice in writing given to the registration authority.

(3) No appeal against a decision or order may be brought by a person more than 28 days after service on him of notice of the decision or order.

(4) On an appeal against a decision of a registration authority the Tribunal may confirm the decision or direct that it shall not have effect.

(5) On an appeal against an order made by a justice of the peace the Tribunal may confirm the order or direct that it shall cease to have effect.

(6) A Tribunal shall also have power on an appeal against a decision or order—

(a) to vary any condition for the time being in force in respect of the home to which the appeal relates by virtue of this Part of this Schedule;

(b) to direct that any such condition shall cease to have effect; or

(7) A registration authority shall comply with any direction given by a Tribunal under this paragraph.

Service of documents

18

(1) Any notice or other document required under this Part of this Schedule to be served on a person carrying on, or intending to carry on, a residential care home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service.

(2) For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a person carrying on a residential care home enclosing a notice or other document under this Part of this Schedule shall be deemed to be properly addressed if it is addressed to him at the home.

(3) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm and in any other case shall the the last known address of the person to be served.

Conduct of residential care homes

19

(1) The Secretary of State may make regulations as to the conduct of residential care homes, and in particular—

(a) as to the facilities and services to be provided in such homes;

(b) as to the numbers and qualifications of staff to be employed in such homes;

(d) as to the records to be kept and notices to be given in respect of persons received into such homes;

(e) as to the notification of events occurring in such homes;

(f) as to the giving of notice by a person of a description specified in the regulations of periods during which any person of a description so specified proposes to be absent from a home;

(g) as to the information to be supplied in such a notice;

(h) making provision for children under the age of 18 years who are resident in such homes to receive a religious upbringing appropriate to the religious persuasion to which they belong;

(j) as to the form of registers to be kept by registration authorities for the purposes of this Part of this Schedule and the particulars to be contained in them; and

(k) as to the information to be supplied on an application for registration.

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Health And Social Services And Social Security Adjudications Act 1983

Part I — Community Care

Joint financing of community services in England and Wales

1

Support to financing of community services in Scotland

2

Financial assistance to voluntary organisations in Scotland

3

Part II — Children and Young Persons

Abolition of regional plans for accommodation for children

4

Closure of controlled or assisted community home

5

Access to children in care-England and Wales

6

Access to children in care-Scotland

7

Secure accommodation for children in Scotland

8

Miscellaneous amendments of enactments relating to children and young persons

9

Part III — The Central Council for Education and Training in Social Work

The Central Council for Education and Training in Social Work

10

Part IV — Residential Homes, Nursing Homes etc.

Registration of homes

11

Part V — Organisation of the National Health Service

Amendments of National Health Service Act 1977

12

Repeal of provisions about designation and membership of teaching authorities

13

Part VI — Medical Practitioners etc.

Medical practitioners etc.

14

Dental practitioners whose registration is suspended— England and Wales

15

Dental practitioners whose registration is suspended- Scotland

16

Part VII — Charges for Local Authority Services

Charges for local authority services in England and Wales

17

Charges for local authority services in Scotland

18

Contributions in respect of children in care

19

Power of local authority to limit charge for residential accommodation to minimum rate

20

Recovery of sums due to local authority where persons in residential accommodation have disposed of assets

21

Arrears of contributions charged on interest in land in England and Wales

22

Arrears of contributions secured over interest in land in Scotland

23

Interest on sums charged on or secured over interest in land

24

Part VIII — Miscellaneous

Social security adjudications

25

Fees for certificates relating to notifiable diseases and food poisoning

26

Abolition of advisory bodies

27

Part IX — Supplementary

Financial provisions

28

Minor and consequential amendments

29

Repeals and revocation

30

Power to repeal or amend local Acts

31

Commencement

32

Extent

33

Short title

34

SCHEDULE 1

Part I — ADDITION OF PART IA TO CHILD CARE ACT 1980