National Health Service Act 1977

2 (1) A local social services authority may, with the Secretary of State's approval, and to such extent as he may direct shall, make arrangements for the purpose of the prevention of illness and for the care of persons suffering from illness and for the after-care of persons who have been so suffering and in particular for—

(a) the provision, equipment and maintenance of residential accommodation for the care of persons with a view to preventing them from becoming ill, the care of persons suffering from illness and the after-care of persons who have been so suffering;

(b) the provision, for persons whose care is undertaken with a view to preventing them from becoming ill, persons suffering from illness and persons who have been so suffering, of centres or other facilities for training them or keeping them suitably occupied and the equipment and maintenance of such centres ;

(c) the provision, for the benefit of such persons as are mentioned in paragraph (b) above, of ancillary or supplemental services ; and

(d) as regards persons suffering from mental disorder within the meaning of the [1959 c. 72.] Mental Health Act 1959, the appointment of officers to act as mental welfare officers under that Act and, in the case of such persons so suffering as are received into guardianship under Part IV of that Act (whether the guardianship of the local social services authority or of other persons), the exercise of the functions of the authority in respect of them.

Such an authority shall neither have the power nor be subject to a duty to make under this paragraph arrangements to provide facilities for any of the purposes mentioned in section 15(1) of the [1944 c. 10.] Disabled Persons (Employment) Act 1944.

(2) No arrangements under this paragraph shall provide for the payment of money to persons for whose benefit they are made except—

(a) in so far as they may provide for the remuneration of such persons engaged in suitable work in accordance with the arrangements ; or

(b) to persons who—

(i) are, or have been, suffering from mental disorder within the meaning of the Mental Health Act 1959,

(ii) are under the age of 16 years, and

(iii) are resident in accommodation provided under the arrangements,

of such amounts as the local social services authority think fit in respect of their occasional personal expenses where it appears to that authority that no such payment would otherwise be made.

(3) The Secretary of State may make regulations as to the conduct of premises in which, in pursuance of arrangements made under this paragraph, are provided for persons whose care is undertaken with a view to preventing them from becoming sufferers from mental disorder within the meaning of that Act of 1959 or who are, or have been, so suffering, residential accommodation or facilities for training them or keeping them suitably occupied.

(4) Any such regulations may in particular confer on the Secretary of State's officers so authorised such powers of inspection as may be prescribed by the regulations.

(5) A local social services authority may recover from persons availing themselves of services provided in pursuance of arrangements under this paragraph such charges (if any) as the authority consider reasonable, having regard to the means of those persons.