Health And Social Services And Social Security Adjudications Act 1983
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The following section shall be substituted for section 16A of the National Health Service (Scotland) Act 1978—
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—.
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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.
The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments concerning access to children in the care of local authorities and voluntary organisations.
In section 16 of the Social Work (Scotland) Act 1968 (assumption of parental rights and powers), in subsection (5)—
the words from “unless” to “resolution” where it third occurs shall be left out; and
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”.
The following sections shall be inserted in the said Act of 1968 after section 17 of that Act—.
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”.
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—.
In section 59A of the said Act of 1968 (grants in respect of secure accommodation for children), subsection (3) shall be left out.
In section 60 of that Act (control of residential establishments), in subsection (1)—
after paragraph (b) there shall be inserted the following paragraph—
after paragraph (e) there shall be inserted the following paragraph—
after paragraph (f), after the words “classes of establishments” there shall be inserted the words “, different classes of accommodation in residential and other establishments”.
After section 58 of that Act there shall be inserted the following sections—.
Schedule 2 to this Act (which contains amendments relating to children and young persons) shall have effect.
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The Central Council for Education and Training in Social Work (in this Part of this Act called "the Council") shall continue in being as a corporate body with the functions which are or may be assigned to it by or under this Part of this Act.
Schedule 3 to this Act shall have effect with respect to the Council.
The Council shall promote training in relevant social work by—
seeking to secure suitable facilities for training persons in such work;
approving courses as suitable to be attended by persons engaged, or intending to engage, in such work; and
seeking to attract persons to such courses.
An approval under subsection (3)(b) above shall be given by the Council in accordance with rules made by the Council and approved by the Privy Council, and those rules—
may specify subjects to be comprised in the courses to be approved; and
shall specify the conditions for admission to the courses and for the award by the Council of certificates of their successful completion.
If it appears to the Council that adequate provision is not being made for further training in relevant social work, the Council shall provide, or secure the provision of, courses for this purpose.
The Council may—
conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section ; and
carry out, or assist other persons in carrying out, research into matters relevant to training for relevant social work.
Subject to subsections (8) to (10) below, the Council may, upon such terms and subject to such conditions as they consider appropriate— to persons resident in Great Britain, in order to secure their training in relevant social work.
make grants ; and
pay travelling and other allowances,
The Council shall not make grants or pay allowances under subsection (7) above except for such purposes as the Secretary of State may direct.
The Secretary of State may by directions specify terms upon which and conditions subject to which the Council are to make grants and pay allowances under subsection (7) above.
Without prejudice to the generality of subsections (8) and (9) above, directions under those subsections may specify—
the courses for which and the categories of student to whom grants may be made and allowances may be paid under subsection (7) above ;
maximum amounts to be spent on such grants and allowances;
maximum amounts to be spent on such grants and allowances to any individual; and
the procedures for accounting for expenditure on such grants and allowances.
The Secretary of State may by regulations make provision—
for conferring on the Council such functions in relation to social work other than relevant social work as are conferred on them by this section in relation to relevant social work; and
in that connection, for making any such increase in the maximum number of members of the Council as he may deem expedient.
The powers to make regulations conferred by subsection (11) above shall be exercisable by statutory instrument.
Regulations under subsection (11) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The powers to give directions conferred by subsections (8) and (9) above include powers to make different provision in relation to England, Scotland and Wales.
The power to make regulations conferred by subsection (11) above includes power to make different provision in relation to England, Scotland, Wales and Northern Ireland.
In this section " relevant social work " means such social work as is required in connection—
with health, education or social services provided by local authorities, the Department of Health and Social Services for Northern Ireland or education and library boards in Northern Ireland or provided in the United Kingdom by voluntary organisations ; and
with the probation service.
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.
The amendments to the Nursing Homes Act 1975, . . . specified in Part II of that Schedule shall have effect.
Part III of that Schedule shall have effect in relation to tribunals to hear appeals concerning the registration of homes.
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.
Regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 5 to this Act shall have effect.
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to medical practitioners ;
to the provision of general medical services in England and Wales; and
to health service officers in England and Wales.
The amendments to the National Health Service (Scotland) Act 1978 specified in Schedule 7 to this Act shall have effect.
In the National Health Service Act 1977—
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In the National Health Service (Scotland) Act 1978—
the following subsections shall be added at the end of section 25 (arrangements for general dental services)—; and
Notwithstanding paragraph 7 of this Schedule, where the registration of a dental practitioner in the dentists register is suspended— 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.
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.
This section applies to services provided under the following enactments—
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paragraph 1 of Part II of Schedule 9 to this Act ...
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If a person— 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.
avails himself of a service to which this section applies ... , and
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,
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Any charge under this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
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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—.
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In section 78 of the Social Work (Scotland) Act 1968 (duty to make contributions in respect of children in care)—
in subsection (1) the words “and is engaged in remunerative employment” shall be omitted; and
after subsection (2) there shall be inserted the following subsection—.
After section 78 of the said Act of 1968 there shall be inserted the following section—.
In the National Assistance Act 1948—
the following subsection shall be inserted after subsection (5) of section 22 (charges to be made for accommodation)—; and
in section 26(4) (which applies certain provisions of section 22) after the word “Subsections” there shall be inserted the word “(5A),”.
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)”.
Subject to the following provisions of this section where—
a person avails himself of Part III accommodation; and
that person knowingly and with the intention of avoiding charges for the accommodation—
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
transfers any such asset to some other person or persons while residing in the accommodation; and
either— 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.
the consideration for the transfer is less than the value of the asset; or
there is no consideration for the transfer,
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.
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.
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.
If the Secretary of State so directs, subsection (1) above shall not apply in such cases as may be specified in the direction.
A person’s liability under this section shall not exceed the benefit accruing to him from the transfer.
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.
For the purpose of calculating the value of an asset under subsection (6) above there shall be deducted from the amount of the consideration—
the amount of any incumbrance on the asset; and
a reasonable amount in respect of the expenses of the sale.
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,.
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— the local authority may create a charge in their favour on his interest in the land.
fails to pay any sum assessed as due to be paid by him for the accommodation; and
has a beneficial interest in land in England or Wales,
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.
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.
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.
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.
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.
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.
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.
On the death of an equitable joint tenant in land whose interest in the land is subject to a charge under this section— 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.
if there are surviving joint tenants, their interests in the land; and
if the land vests in one person, or one person is entitled to have it vested in him, his interest in it,
A charge under this section shall be created by a declaration in writing made by the local authority.
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—
assessed as due to be paid by the person to the authority for the Part III accommodation, or
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.
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.
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—
assessed as due to be paid by the person to the authority for the Part III accommodation, or
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.
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— 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.
fails to pay any sum (hereinafter referred to as the debt) assessed as due to be paid by him for the accommodation; and
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),
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.
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.
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.
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.
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.
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.
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.
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.
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.
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— in either case, with interest on that amount as specified in section 24.
in respect of the provision of the Part III accommodation referred to in subsection (1) above, or
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,
A local authority that records or registers a charging order as mentioned in subsection (1) above shall—
intimate to the debtor in writing that they have made and recorded or registered the order, and
inform the debtor of the order’s effect.
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.
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.
The law relating to social security adjudications shall have effect subject to the amendments specified in Schedule 8 to this Act.
The supplementary provisions contained in that Schedule shall have effect.
The following section shall be substituted for section 50 of the Health Services and Public Health Act 1968—.
The following section shall be inserted after section 71 of thatAct—.
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section 82 of the Food and Drugs Act 1955 (Food Hygiene Advisory Council);
section 4 of the Radiological Protection Act 1970 (Advisory Committee on radiation hazards etc.); and
section 71 of the Child Care Act 1980 (Advisory Council on Child Care),
There shall be defrayed out of money provided byParliament—
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
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
Any sums repaid to the Secretary of State in pursuance of this Act shall be paid by him into the Consolidated Fund.
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).
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.
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.
The instrument specified in Part II of that Schedule is revoked to the extent specified in the third column of that Part.
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subsection (3) of section 8 of the Mental Health Act 1959 (which provides that subsection (2) of that section shall not affect the operation of the provisions of Part IV of the National Assistance Act 1948, relating to charities for disabled persons); and
Schedule 1 to the Local Authority Social Services Act 1970 (which specifies the enactments conferring functions assigned to the social services committee of a local authority),
The Secretary of State may by order— 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.
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;
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;
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.
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.
This section and sections 33 and 34 below shall come into force on the day this Act is passed.
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.
The following provisions of this Act— extend to Northern Ireland.
section 9 and paragraphs 15 and 16 of Schedule 2;
Part III and Schedule 3;
section 14(1) (except paragraphs (b) and (c)) and paragraph 1 of Schedule 6;
section 25(2) and paragraph 31(6) of Schedule 8;
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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.
Where this Act makes—
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
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.
Subsection (3) above applies to an amended enactment whether or not the enactment was extended or applied to the Isles before it was amended.
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.
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.
This Act may be cited as the Health and Social Services and Social Security Adjudications Act 1983.
Section 6.
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The following subparagraph shall be added at the end of section 103(1)(a) of the Children Act 1975—.
Section 9.
The repeals— are hereby brought into force.
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
of sections 34(4) and (5) and 34A(6A) and (6B) of that Act by the Adoption (Scotland) Act 1978,
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..
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”.
In subsection (3A) of section 15 of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc.)—
for the words “notwithstanding that no” there shall be substituted the words “whether or not a”; and
for paragraph (b) there shall be substituted the following paragraph—.
In section 20 of that Act (duty of local authority to further the best interests of a child in their care)—
in subsection (1), for the words “, the local authority” there shall be substituted the words “or of a voluntary organisation, they”;
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
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)”.
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”.
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”.
In section 42 of that Act (application from reporter to sheriff for findings)—
in subsection (6) at the beginning there shall be inserted the words “Subject to subsection (6A) of this section,”;
after subsection (6) there shall be inserted the following subsection—; 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.
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In section 25 of that Act (transfers of children in care between England or Wales and Northern Ireland)—
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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—
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
any reference to a planning area included a reference to the area of a local authority.
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.”.
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)”
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Part III of the Child Care Act 1980 (which relates to the treatment of children in the care of a local authority); and
for the purposes only of contributions by the child himself at a time when he has attained the age of 16, Part V of that Act (which relates to contributions towards the maintenance of children in the care of a local authority),
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In section 4(1) of the Children Act 1975 (approval of adoption societies) for the word “desiring” there shall be substituted—
in the first place where it occurs, the words “which is a voluntary organisation and desires”; and
in the second place where it occurs, the word “desires”.
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In section 51 of that Act (restriction on removal of child where applicant has provided home for three years), for the word “custody”— there shall be substituted the words “care and possession”.
where it secondly occurs in subsection (1); and
in subsection (2),
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”.
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the words " or the relevant adoption provisions "—
shall be substituted, in subsection (1), for the words " or under section 34 or 34A of the Adoption Act 1958 "; and
shall be inserted, in subsections (2) and (3), after the words " under this Act "; and
the following subsection shall be added after subsection (4)—.
In section 103 of that Act (guardians ad litem etc.)—
in subsection (1), for the words “a panel” there shall be substituted the words “one or more panels”; and
the following subsection shall be substituted for subsection (2)—
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in the first place where it occurs, the words " which is a voluntary organisation and desires " ; and
in the second place where it occurs, the word " desires ".
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in the definition of " adoption order ", after " 21 " there shall be inserted " , 27 and 28 "; and
at the end of the definition of " order freeing a child for adoption " there shah be added " and in section 27(2) includes an order under section 18 of the Adoption (Scotland) Act 1978 (order freeing a child for adoption made in Scotland) ".
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in the first place where it occurs, the words "which is a voluntary organisation and desires " ; and
in the second place where it occurs, the word " desires ".
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in the definition of " adoption order ", after " 20 " there shall be inserted " , 27 and 28 "; and
at the end of the definition of "order freeing a child for adoption" there shall be added "and, in section 27(2), includes an order under section 18 of the Adoption Act 1976 (order freeing a child for adoption made in England and Wales)".
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for paragraph (b) there shall be substituted the following paragraph—; and
for the words " notwithstanding that no " there shall be substituted the words " whether or not a ".
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the words " this Part of this Act" shall be substituted—
in subsection (1), for the words " a regional plan approved by him "; and
in subsection (2), for the words " a regional plan approved by the Secretary of State "; and
the words " in accordance with this Part of this Act" shall be substituted—
in subsection (3)(a), for the words " in a regional plan "; and
in subsection (5), for the words " in the regional plan .
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at the beginning of the said paragraph (i) there shall be inserted the words " Subject to subsection (1A) below, "; and
for the word " or " in the said paragraph (i) there shall be substituted the word " and ".
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the following subsection shall be inserted after subsection (2)—;
in subsection (3), for the words "and (2)" there shall be substituted the words " , (2) and (2A) "; and
the following paragraph shall be inserted after subsection (5)(g).
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in subsection (2), after the words " section 43 " there shall be inserted the words " or 43A(3) "; and
in subsection (4), after " 11 " there shall be inserted " , 21A ".
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The word “actual” shall be inserted before the word “custody”, wherever it occurs in—
sections 34(1) and (2) and 34A(1) and (2) of the Adoption Act 1958;
sections 30(1) and (2), 41(1) and (2) and 42(1) and (2) of the Children Act 1975; and
sections 27(1) and (2), 28(1) and (2), 29(1) and (2) and 30(1)(a) and (b) of the Adoption Act 1976.
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”.
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The Council shall consist of a chairman and not more than 25 other members.
The members of the Council shall be appointed by the Secretary of State.
Before appointing a member other than the chairman the Secretary of State shall consult any body that appears to him to be appropriate.
The Chairman shall be appointed for a term not exceeding 5 years but shall be eligible for reappointment as chairman.
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.
A person who is or who has been a member of the Council shall be eligible for reappointment as a member.
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.
A member of the Council may at any time resign his office.
The Secretary of State may remove a member from office if that member—
has become bankrupt or made an arrangement with his creditors;
is incapacitated by physical or mental illness;
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
is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.
The Council may appoint one or more committees.
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.
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.
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.
Where a committee perform any of the Council’s functions, the Council may direct that the committee shall cease to perform them.
No person shall be appointed chairman of a committee unless he is a member of the Council.
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.
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.
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.
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.
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.
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.
The Council shall have power, with the approval of the Secretary of State given with the consent of the Treasury—
to pay pensions, allowances and gratuities to or in respect of the Council’s staff;
to make payments towards the provision of such pensions, allowances or gratuities;
to provide or maintain schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities; and
to pay compensation to any member of their staff for loss of office.
Compensation under paragraph 22(d) above may be in excess of the amount required by the Employment Rights Act 1996.
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.
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.
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.
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.
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.
Section 11.
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. Such an establishment is referred to in this Part of this Schedule as a “residential care home”. Registration under this Part of this Schedule does not affect any requirement to register under the Nursing Homes Act 1975. 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. Registration under this Part of this Schedule is not required in respect of any of the following— 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. 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.
In this Part of this Schedule— The Council of the Isles of Scilly is the registration authority in relation to a residential care home in the Isles.
In this Part of this Schedule In deducing any relationship for the purposes of subparagraph (1) above— 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. 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.
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.
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.
A person who— may apply to be registered under this Part of this Schedule in respect of those premises. 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.
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. 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. 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. The registration authority may from time to time— either on the application of a person registered in respect of it or without such an application. 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. 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.
Where— 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.
one person only is registered in respect of a residential care home; and
that person dies,
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.
The Secretary of State may by regulations—
require persons registered in respect of residential care homes to payan annual fee of such amount as the regulations may specify; and
Specify when the fee is to be paid.
The registration authority may refuse to register an applicant for registration in respect of a residential care home if they are satisfied—
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;
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
that the way in which it is intended to carry on the home is such as not to provide services or facilities reasonably required.
The registration authority may cancel the registration of a person in respect of a residential care home—
on any ground which would entitle them to refuse an application for his registration in respect of it;
on the ground that the annual fee in respect of the home has not been paid on or before the due date; or
on the ground—
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;
that any other person has been convicted of such an offence in respect of that home; or
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.
If— he may make the order, and the cancellation, variation or imposition shall have effect from the date on which the order is made. 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. An order under subparagraph (1) above shall be in writing. 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,—
Subject to subparagraph (2) below, where— the authority shall give him written notice of their proposal and of the conditions subject to which they propose to grant his application. The registration authority need not give notice of such a proposal if they propose to grant the application subject only to conditions which— The registration authority shall give an applicant notice of a proposal to refuse his application. 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 notice under this paragraph shall give the registration authority’s reasons for their proposal.
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. Where a notice has been served under paragraph 14 above, the registration authority shall not determine the matter until either— The conditions mentioned in subparagraph (2) above are— Representations may be made, at the option of the person making them, either in writing or orally. 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.
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. A notice under this paragraph shall be accompanied by a note explaining the right of appeal conferred by paragraph 17 below. 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—
An appeal against— shall lie to a Registered Homes Tribunal. An appeal shall be brought by notice in writing given to the registration authority. 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. On an appeal against a decision of a registration authority the Tribunal may confirm the decision or direct that it shall not have effect. 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. A Tribunal shall also have power on an appeal against a decision or order— A registration authority shall comply with any direction given by a Tribunal under this paragraph.
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. 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. 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. 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.
The Secretary of State may make regulations as to the conduct of residential care homes, and in particular— Regulations under this paragraph may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence against the regulations; and any person guilty of an offence against the regulations shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.
Any person authorised in that behalf by the Secretary of State may at all times enter and inspect any premises which are used, or which that person has reasonable cause to believe to be used for the purposes of a residential care home. Any person authorised in that behalf by a registration authority may at all times enter and inspect any premises in the area of the authority which are used, or which that person has reasonable cause to believe to be used, for those purposes. The powers of inspection conferred by subparagraphs (1) and (2) above shall include power to inspect any records required to be kept in accordance with regulations under this Schedule. The Secretary of State may by regulations require that residential care homes shall be inspected on such occasions or at such intervals as the regulations may prescribe. A person who proposes to exercise any power of entry or inspection conferred by this paragraph shall if so required produce some duly authenticated document showing his authority to exercise the power. Any person who obstructs the exercise of any such power shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.
Where an offence under this Part of this Schedule or any regulations under it committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In any proceedings for an offence under this Part of this Schedule, subject to subparagraph (2) below, it shall be a defence for the person charged to prove— If in any such case the defence provided by subparagraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Any power of the Secretary of State to make regulations under this Part of this Schedule shall be exercisable by statutory instrument; and any statutory instrument containing regulations under this Part of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament. Any such power may be exercised—
In section 1 of the Nursing Homes Act 1975—
the following sub-paragraph shall be added at the end of paragraph (c) of subsection (1)—;
the following subparagraph shall be added at the end of paragraph (c) of subsection (1)—;
the following subsection shall be added after that subsection—;
the following subsection shall be added after that subsection—;
at the end of paragraph (e) of subsection (2) there shall be added (but not as part of sub-paragraph (iii)) the words " unless they are used or intended to be used for the pro* vision of treatment by specially controlled techniques and are not excepted by regulations under paragraph (g) below "; and
at the end of paragraph (e) of subsection (2) there shall be added (but not as part of subparagraph (iii), the words “unless they are used or intended to be used for the provision of treatment by specially controlled techniques and are not excepted by regulations under paragraph (g) below”; and
the following subsections shall be added after that subsection—.
the following subsections shall be added after that subsection—.
The following subsection shall be inserted after subsection (1) of section 3 of that Act—.
The following section shall be inserted after that section—.
The following paragraphs shall be inserted after section 5(1)(a) of that Act—.
The following paragraphs shall be inserted after section 6(c) of that Act—.
In paragraph (c) of section 7 of that Act for the words “imposed by section 8(1) and (2) below” there shall be substituted the words “for the time being in force in respect of the home by virtue of this Act”.
The following paragraph shall be inserted after paragraph (d) of that section—.
The following subsection shall be substituted for subsection (2A) of section 8 of that Act—. In subsection (3) of that section, for the words “imposed by or under subsection (1) or (2) above” there shall be substituted the words “for the time being in force in respect of a home by virtue of this Act”.
The following sections shall be inserted after that section—.
The following section shall be inserted after section 10 of that Act—.
The following paragraph shall be substituted for subsection (1)(a) of section 13 of that Act (fines for failure to affix certificate of registration)—. “£5” shall be substituted for “£2” in subsection (1)(b).
The following section shall be inserted after that section—.
The following section shall be substituted for section 17 of that Act—.
In section 23(2) of that Act for the words “the provisions of this Act relating to mental nursing homes” there shall be substituted the words “this Act”.
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the following subsections shall be substituted for subsections (3) to (5)—;
in subsection (6)—
Where—
for " 58 " there shall be substituted " 57D ";
in subsection (7), for the words " removes a home from the register " there shall be substituted the words " cancels the registration of a home "; and
the following subsections shall be substituted for subsection (8)—.
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the following subsection shall be substituted for subsection; and
in subsection (3), after the word " imposed " there shall be inserted the words " or varied ".
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The following are relevant enactments for the purposes of this Part of this Schedule—
the Nursing Homes Act 1975;
the Child Care Act 1980;
the Children’s Homes Act 1982; and
Part I of this Schedule.
For the purpose of enabling a tribunal to hear an appeal under a relevant enactment to be constituted as occasion may require there shall be— Tribunals constituted under this Part of this Schedule are to be known as Registered Homes Tribunals. No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable. No person shall be qualified to be appointed to the panel of experts unless he has had experience in social work, medicine, nursing or midwifery or such other experience as the Lord President of the Council considers suitable. No officer of a government department may be apointed to either panel. A person appointed to a panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the person appointing him.
A Registered Homes Tribunal shall consist of a chairman and two other members. The chairman shall be a member of the legal panel appointed to the tribunal by the Lord Chancellor. The other two members shall be members of the panel of experts appointed to the tribunal by the Lord President of the Council.
A Registered Homes Tribunal to hear an appeal relating solely to registration under the Nursing Homes Act 1975 shall include a registered medical practitioner. Such a tribunal shall also include— A tribunal which is constituted to hear both an appeal relating to registration under the Nursing Homes Act 1975 and an appeal relating toregistration under Part I of this Schedule shall include a person selected in accordance with supparagraph (2) above. In this Part of this Schedule—
The Secretary of State may by statutory instrument make rules as to the practice and procedure to be followed with respect to theconstitution of Registered Homes Tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings ; and without prejudice to the generality of this paragraph such rules may make provision— Rules under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Arbitration Act 1950 shall not apply to any proceedings before Registered Homes Tribunals except so far as any provision of that Act may be applied to such tribunals with or without modifications by rules made under paragraph 53 above.
The Secretary of State shall assign such staff as may from time to time be required for Registered Homes Tribunals.
The Secretary of State may—
pay to members of Registered Homes Tribunals such fees and allowances as he may, with the consent of the Treasury, determine; and
defray the expenses of such tribunals up to such amount as he may with the like consent determine.
Section 12.
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the following subsection shall be inserted after subsection (3)—;
in subsection (4)(e), for the words " not members of the authorities represented by the joint consultative committee " there shall be substituted the words " neither—
members of the authorities represented by the joint consultative committee ; nor
appointed by virtue of an order under subsection (3A) above " ; and
the following subsection shall be inserted after subsection (5)—
In section 98 (accounts and audit)—
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in subsection (4)(a), for the words “those Authorities, special authorities and special trustees” there shall be substituted the words “the bodies mentioned in subsection (1) above, other than the Dental Estimates Board”.
Section 14.
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section 14 of the National Health Service Act 1946 (conditions of service and appointment of officers) shall be treated as if—
in subsection (1), for the words " subject to regulations," there were substituted the words " subject to and in accordance with regulations and such directions as may be given by the Secretary of State, "; and
the following subsections were inserted after that subsection—;
section 66 (regulations as to qualifications, remuneration and conditions of service of officers) shall be treated as if, after the word " and ", in the second place where it occurs, there were inserted the words " , subject to directions under section 14(2) of this Act, ".
Section 14.
In section 2 of the National Health Service (Scotland) Act 1978 (constituting of Health Boards) in subsection (1), for the words from “functions” to “determine” where it secondly occurs substitute “such of his functions under this Act as he may so determine,”.
In section 19 (arrangements and regulations for general medical services) of that Act—
at the end of subsection (2) insert—.
after subsection (4) insert—.
In section 79 of that Act (purchase of land and moveable property) after subsection (1) insert—.
The following paragraph shall be added after paragraph 5 of Schedule 1 to that Act—. The following paragraph shall be added after paragraph 7 of Schedule 5 to that Act—.
Section 25.
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The following subsection shall be substituted for section 10(2) and (3) of that Act—.
The following subsection shall be substituted for section 6(1) of the Family Income Supplements Act 1970—.
In section 8(3) of the said Act of 1970, for the words " satisfy a supplement officer or the Appeal Tribunal" there shall be substituted the word " establish ".
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in sub-paragraph (1)(b) for the words " a benefit officer appointed under section 27 of the Supplementary Benefits Act 1976 determines " there shall be substituted the words " it is determined "; and
sub-paragraph (4) shall cease to have effect.
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for the words " if, in the opinion of" there shall be substituted the word " unless "; and
for the words from " disclosure " to the end of the paragraph there shall be substituted the words " otherwise directs ".
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in subsection (1), for the words " a medical board " there shall be substituted the words " an adjudicating medical practitioner ";
in subsection (2)—
for the words " medical board " there shall be substituted the words " adjudicating medical practitioner "; and
the proviso shall cease to have effect; and
in subsection (3), for the words " medical board" there shall be substituted the words " adjudicating medical practitioner ".
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in subsection (1), for the words " a medical board " there shall be substituted the words " an adjudicating medical practitioner ";
in subsection (2), for the words " a medical board if the board are " there shall be substituted the words " an adjudicating medical practitioner if he is ";
in subsection (6)—
for the words " a medical board " there shall be substituted the words " an adjudicating medical practitioner ";
for the word " they " there shall be substituted the word " he "; and
for the word " them " there shall be substituted the word " him "; and
in subsection (7), for the words " a medical board " there shall be substituted the words " an adjudicating medical practitioner ".
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the following paragraph shall be substituted for subsection (2)(a)—;
in subsection (2)(b), for the words " any such board or" there shall be substituted the words " specially qualified adjudicating medical practitioners or any such ";
in subsection (3)—
for the words from "member", in the first place where it occurs, to " established " there shall be substituted the words " specially qualified adjudicating medical practitioner appointed ";
for the word " member ", in the second place where it occurs, there shall be substituted the words " practitioner "; and
for the words " any such board or with the work " there shall be substituted the words " the work under this section of any such medical practitioner or ".
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the following paragraph shall be substituted for paragraph 1—; and
the following paragraphs shall be substituted for paragraphs 3 to 6—.
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Any enactment passed before the coming into force of this paragraph and not amended by the foregoing provisions of this Part of this Schedule and any instrument made before the coming into force of this paragraph shall have effect, so far as may be necessary in consequence of the changes made by this Part of this Schedule, as if—
for any reference to a medical board constituted under the Social Security Act 1975 there were substituted a reference to an adjudicating medical practitioner; and
for any reference to a special medical board established by virtue of regulations under section 113 of that Act there were substituted a reference to a specially qualified adjudicating medical practitioner.
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Section 29.
So much of subsections (3) and (4) of section 143 of the Public Health Act 1936 (regulations for prevention and treatment of infectious disease etc.) as relates to the enforcement and execution of regulations under that section by officers and men employed in the coastguard shall cease to have effect.
In subsections (3) and (4) of section 1 of the Public Health (Scotland) Act 1945 (regulations for prevention and treatment of infectious diseases etc.) the words “and officers and men employed in the coastguard” shall be omitted wherever they occur. In the proviso to subsection (3) of that section, for the words “officer, or person” there shall be substituted the words “or officer”. In section (4) of that section after the word “Board” there shall be inserted the word “or”.
The following section shall be inserted after section 30 of the National Assistance Act 1948—.
In section 41(2)(a) of the National Assistance Act 1948 (registration of charities for disabled persons) for the words “the Residential Homes Act 1980” there shall be substituted the words “Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.
In subsection (3) of section 3 of the Nurseries and Child-Minders Regulation Act 1948 (by virtue of which a local social services authority are required to issue a copy of a certificate under that section which has been lost or destroyed on payment of a fee not exceeding 25p) for the words from “fee” to “authority”, in the third place where it occurs, there shall be substituted the words “reasonable fee as they”.
In section 128(1)(b) of the Mental Health Act 1959 (sexual intercourse with patients) for the words from “home” to the end of the subsection there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.
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In section 10 of the Social Work (Scotland) Act 1968 (financial assistance to voluntary organisations), in subsection (5)—
the word “section” shall be substituted for the words “sections 64 and”; and
after the word “1968” there shall be inserted the words “and section 16B of the National Health Service (Scotland) Act 1978”.
Registration of residential care homes.
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The following paragraph shall be substituted for paragraph 4 of Schedule 1 to that Act—.
The following paragraph shall be inserted after paragraph 21 of that Schedule—.
The following paragraph shall be inserted after paragraph 28 of that Schedule—.
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A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971 of persons to act as Chairmen of Social Security Appeal Tribunals and Medical Appeal Tribunals. The President of Social Security Appeal Tribunals and Medical Appeal Tribunals. A regional or other fulltime Chairman of Social Security Appeal Tribunals and Medical Appeal Tribunals.
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In section 105(7) of the National Health Service (Scotland) Act 1978 (orders, regulations and directions) for the words “or orders” there shall be substituted the words “, orders or directions”.
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In subsection (5) of section 2 of the Foster Children Act 1980 (exceptions to meaning of foster child for purposes of Act) for the words from “home” to end of the section there shall be substituted the words “care home within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983”.
The following paragraph shall be substituted for paragraph 2 of Schedule 2 to the Reserve Forces Act 1980 (army and air force pensioners and other former soldiers are not liable to be recalled for service)—.
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A district council or Welsh county council or county borough council shall have power to make such arrangements as they may from time to time determine for providing meals and recreation for old people in their homes or elsewhere and may employ as their agent for the purpose of this paragraph any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people.
A district council or Welsh county council or county borough council may assist any such organisation as is referred to in paragraph 1 above to provide meals or recreation for old people—
by contributing to the funds of the organisation;
by permitting them to use premises belonging to the council on such terms as may be agreed; and
by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the council in connection with the premises or other things which they permit the organisation to use.
District councils or Welsh county councils or county borough councils shall exercise their functions under this Part of this Schedule (including any discretion conferred on them under it) in accordance with the provisions of any regulations of the Secretary of State made for the purposes of this paragraph; and without prejudice to the generality of this paragraph, regulations under this paragraph— The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part of this Schedule—
" functions " includes powers and duties; and
“functions” includes powers and duties; and
" 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.
“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.
Section 30.
Chapter Short title Extent of repeal 26 Geo. 5 & 1 Edw. 8. c. 49. Public Health Act 1936. In section 143, in subsection (3), the words “and officers and men employed in the coastguard” and paragraph (ii) of the proviso, and in subsection (4), the words “and officers and men employed in the coastguard”. 11 & 12 Geo 6. c. 29. National Assistance Act 1948. Section 29(5). 4 & 5 Eliz. 2. c. 16. Food and Drugs Act 1955. Section 82. In Schedule 10, in paragraph 1(b), the words “subsection (4) of section eightytwo.” 10 & 11 Eliz. 2. c. 33. Health Visiting and Social Work (Training) Act 1962. The whole Act. 1966 c. 42. Local Government Act 1966. In Part II of Schedule 3, paragraph 31. 1968 c. 46. Health Services and Public Health Act 1968. Section 45(2). In section 48(2), in paragraph (a), the words “the Area Health Authority within whose area or” and in paragraph (b)(ii), the words “the Area Health Authority for the area”. Section 64 so far as it relates to Scotland. 1968 c. 49. Social Work (Scotland) Act 1968. Section 14(2). Section 31(2). In section 59A(1), the words “in residential establishments”. Section 59A(3). In section 78(1)(b), the words “and is engaged in remunerative employment”. 1969 c. 54. Children and Young Persons Act 1969. In Schedule 4, paragraph 13. 1970 c. 42. Local Authority Social Services Act 1970. Section 11. In section 15, in subsection (6), the words “except section 11” and in subsection (7), the words “section 11 and”. 1970 c. 46. Radiological Protection Act 1970. Section 4. In section 6(1), the words “and 4(2)”. Chapter Short title Extent of repeal 1970 c. 55. Family Income Supplements Act 1970. Section 1(1A). Section 7. Section 10(2)(h) and (3). In section 17(1), the definition of “supplement officer”. 1971 c. 62. Tribunals and Inquiries Act 1971. In section 13(1), the words “4” and “18(a),”. In Schedule 1, paragraph 30B. 1972 c. 70. Local Government Act 1972. Section 101(9)(e). In Schedule 23, paragraph 12. 1973 c. 62 Powers of Criminal Courts Act 1973. In Schedule 5, paragraph 33. 1975 c. 14. Social Security Act 1975. In section 109(2), the proviso. Section 111. In section 117(4), the second paragraph. In section 155(d)(iii), the words “medical board or”. 1975 c. 24. House of Commons Disqualification Act 1975. In Part III of Schedule 1, in the entry beginning “Chairman of an Appeal Tribunal”, the words “Schedule 4 to the Supplementary Benefits Act 1976 or” and in the entry beginning “Chairman of a Local Tribunal”, the words “section 97(2) of, and Schedule 10 to, the Social Security Act 1975 or under”. 1975 c. 37. Nursing Homes Act 1975. Section 6(a)(iii). In section 19(3)(b)(ii), the words “of those sections”. 1975 c. 61. Child Benefit Act 1975. In section 24(1), the definitions of “insurance officer” and “local tribunal”. 1975 c. 72. Children Act 1975. In section 72, in section 59A(1), the words “in residential establishments” and section 59A(3). Section 109(3). 1976 c. 36. Adoption Act 1976. Section 10, Section 27(4) and (5). Section 28(8) and (9). In section 63, in subsections (1) and (3), the words “Subject to subsection (4),” and in subsection (2), the words “and (4)”. In Schedule 3, paragraphs 29 and 30. Chapter Short title Extent of repeal 1976 c. 71. Supplementary Benefits Act 1976. In section 12(4), the words from “and” onwards. Section 14(2)(d). Sections 15 and 15A. Section 20(3). Section 27(2). Section 28. In section 34(1), the definitions of “the Appeal Tribunal” and “benefit officer”. Schedule 4. In Schedule 7, paragraph 22. 1977 c. 5 Social Security (Miscellaneous Provisions) Act 1977. Section 22(15). 1977 c. 45. Criminal Law Act 1977. In Schedule 12, paragraph 1 of the entry relating to the Adoption Act 1976. 1977 c. 49. National Health Service Act 1977. In section 8(1A), in paragraph (b), the words “according as is provided in the order,” and the words “with or without the word “Teaching””, in paragraph (c), the words “according as is provided in the order,”, and the words “with or without the word “Teaching””, in both places where they occur and the words following paragraph (c). Section 9. In section 100(2), the words “in accordance with regulations made by the Secretary of State and approved by the Treasury, and shall be”. In section 128(1), in the definition of “Area Health Authority” and “District Health Authority”, the words “the word “Teaching” or”. In Schedule 5, in paragraph 2(1), the words “Subject to paragraph 4 below,”, paragraph 4, in paragraph 5, in subparagraph (1)(c), the words from “or, where” to the end and in subparagraph (2)(a), the words from “or another” to “ “Teaching””. In Schedule 8, paragraphs 1(2), 2(5) and 3(2). In Schedule 15, paragraph 35. 1978 c. 18. Adoption (Scotland) Act 1978. Section 10. Section 27(4) and (5). Section 28(8) and (9). 1978 c. 22. Domestic Proceedings and Magistrates’ Courts Act 1978. In section 10(4)(b), the words “and is engaged in remunerative fulltime work”. 1978 c. 44. Employment Protection (Consolidation) Act 1978. In Schedule 15, paragraph 14. 1979 c. 36. Nurses, Midwives and Health Visitors Act 1979. In section 21(1), the words from “and the Health” onwards. Section 21(4). In Schedule 7, paragraph 11. 1980 c. 5. Child Care Act 1980. In section 10(2), the words from “and may” to the end of the subsection. In section 36(1), the words “for giving effect to the provision of the regional plan by which the home is designated as a controlled or assisted community home”. In section 39(2) in paragraph (c), the words “or voluntary organisation”, and paragraph (e). Section 43(3). In section 44(5), the words “but which were designated as a community home in a regional plan approved by the Secretary of State”. In section 45(1)(ii), the words from “and” to “work”. Section 58. Section 71. Section 79(5)(h). In section 87(1), the definitions of “planning area”, “regional plan” and “the relevant authorities”. Schedule 1. Schedule 3. In Schedule 5, paragraphs 23(a) and 34(a). 1980 c. 7. Residential Homes Act 1980. The whole Act. 1980 c. 53. Health Services Act 1980. In section 1, in subsection (1)(a), the words “or Area Health Authorities (Teaching)”, in subsection (3),paragraph (b) and in paragraph (c) the words “with or without the word “Teaching””, subsection (4) and in subsection (5), the words “the word “Teaching” or.”. Section 4. In Schedule 1, paragraph 29, and in paragraph 78(6), the words from “and, for” to “the word “Teaching”” in both places where they occur. 1980 c. 63. Overseas Development and Cooperation Act 1980 In Schedule 1, in Part II, the words “for an area or district”. 1982 c. 20 Children’s Homes Act 1982 In section 3, in subsection (4) the words after “application” where it first occurs and subsections (6) and (8). Section 6(4) and (5). Section 7. Section 15(2). 1982 c. 24. Social Security and Housing Benefits Act 1982. In section 26(1), the definitions of “insurance officer” and “local tribunal”. In Schedule 2, paragraph 8(4). 1982 c. 48. Criminal Justice Act 1982. Section 25(1).
Reference Title Extent of revocation S.I. 1981 No. 432. European Communities (Medical, Dental and Nursing Professions) (Linguistic Knowledge) Order 1981. Article 3(1)(b) and (3)(b).