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Chronically Sick and Disabled Persons Act 1970

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2 Provision of welfare services. E+W+S

(1)Where a local authority having functions under section 29 of the M1National Assistance Act 1948 are satisfied in the case of any person to whom that section applies who is ordinarily resident in their area that it is necessary in order to meet the needs of that person for that authority to make arrangements for all or any of the following matters, namely—

(a)the provision of practical assistance for that person in his home;

(b)the provision for that person of, or assistance to that person in obtaining, wireless, television, library or similar recreational facilities;

(c)the provision for that person of lectures, games, outings or other recreational facilities outside his home or assistance to that person in taking advantage of educational facilities available to him;

(d)the provision for that person of facilities for, or assistance in, travelling to and from his home for the purpose of participating in any services provided under arrangements made by the authority under the said section 29 or, with the approval of the authority, in any services provided otherwise than as aforesaid which are similar to services which could be provided under such arrangements;

(e)the provision of assistance for that person in arranging for the carrying out of any works of adaptation in his home or the provision of any additional facilities designed to secure his greater safety, comfort or convenience;

(f)facilitating the taking of holidays by that person, whether at holiday homes or otherwise and whether provided under arrangements made by the authority or otherwise;

(g)the provision of meals for that person whether in his home or elsewhere;

(h)the provision for that person of, or assistance to that person in obtaining, a telephone and any special equipment necessary to enable him to use a telephone,

then, . . . F1 subject [F2to the provisions of section 35(2) of that Act (which requires local authorities to exercise their functions under Part III of that Act . . . F3 in accordance with the provisions of any regulations made for the purpose) and][F4to the provisions of section 7(1) of the M2Local Authority Social Services Act 1970 (which requires local authorities in the exercise of certain functions, including functions under the said section 29, to act under the general guidance of the Secretary of State) [F5and to the provisions of section 7A of that Act (which requires local authorities to exercise their social services functions in accordance with directions given by the Secretary of State)]] it shall be the duty of that authority to make those arrangements in exercise of their functions under the said section 29.

[F6(1A)Subsections (3) to (5) of section 32 of the National Assistance Act 1948 (which relate to the determination of any question arising under Part 3 of that Act as to a person's ordinary residence) apply in relation to any question arising under this section as to a person's ordinary residence as they apply in relation to such a question arising under Part 3 of that Act.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F2Words repealed (1.4.1991 (E.W.) andprosp. (S.): see S.I. 1990/2218, art. 2, Sch.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1)(2), 67(2), Sch. 9 para. 12, Sch. 10

F5Words inserted (1.4.1991 (E.W.) andprosp. (S.): see S.I. 1990/2218, art. 2, Sch.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), 67(2), Sch. 9 para. 12

F6S. 2(1A) inserted (19.4.2010 for E., 19.4.2010 for W.) by Health and Social Care Act 2008 (c. 14), ss. 148(3), 170(3), 170(4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2 (with art. 4); S.I. 2010/708, art. 11 (with art. 12); S.I. 2010/989, art. 2 (with art. 4)

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