Search Legislation

National Health Service and Community Care Act 1990

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to National Health Service and Community Care Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the National Health Service and Community Care Act 1990

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

The Social Work (Scotland) Act 1968E+W+S

10(1)The M1Social Work (Scotland) Act 1968 shall be amended as follows.E+W+S

(2)In section 2 (the social work committee), in subsection (2) after paragraph (k) there shall be inserted—

(l)sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983;

(m)the Access to Personal Files Act 1987.

(3)In section 4 (provisions relating to performance of functions by local authorities), after the word “Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984,”.

(4)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 12 (general social welfare services of local authorities) at the end there shall be inserted—

(6)For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.

(6)In section 14 (home help), for the words—

(a)“home help”, where they first occur there shall be substituted the words “domiciliary services”;

(b)“help is”, there shall be substituted the words “services are”; and

(c)“home help is”, there shall be substituted the words “domiciliary services are”.

(7)In section 59(1) (provision of residential and other establishments), at the beginning there shall be inserted the words “Subject to section 13A of this Act,”.

[F2(8)In section 61(1A) (definition of “establishment”)—

(a)after the word “include” there shall be inserted “(a)”; and

(b)at the end of the definition of “establishment” there shall be inserted—

; or

(b)any establishment providing residential accommodation with nursing falling within section 13A of this Act;.

(9)In subsection (1) of section 67 (inspection of establishments by local authorities)—

(a)for the words “duly authorised officer of” there shall be substituted the words “person duly authorised by”;

(b)for the words “required to be kept therein by virtue of this Part of this Act” there shall be substituted the words “(in whatever form they are held) relating to the place or to any person for whom services have been or are provided there by virtue of this Act or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;

(c)after the words “subsections (2)”, there shall be inserted the words “to (2D)”;

(d)for the words “an officer”, where they first occur, there shall be substituted the words “a person”; and

(e)for the words “an officer of” there shall be substituted the words “a person authorised by”.

(10)In subsection (2) of the said section 67, for the word “officer”, in both places where it occurs, there shall be substituted the word “person”.]

(11)In subsection (1)(d) of section 86 (adjustments between authority providing accommodation etc., and authority of area of residence), at the end there shall be inserted—

or

(e)in the provision of accommodation, services or facilities for persons ordinarily so resident under section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984;.

(12)In subsection (3) of the said section 86, after the words “1978” there shall be inserted the words “or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978”.

(13)In section 87 (charges for services and accommodation),—

(a)in subsection (1), after the words “under this Act”, there shall be inserted the words “or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984”;

(b)in subsection (1A), after the words “under this Act”, there shall be inserted the words “or section 7 or 8 of the said Act of 1984”;

(c)in subsections (2), (3) and (4), after the words “under this Act”, there shall be inserted the words “or section 7 of the said Act of 1984;” and

(d)in subsection (4), after the word “organisation” there shall be inserted the words “or any other person or body”.

(14)In subsection (1) of section 94 (interpretation),—

(a)after the definition of “contributor” there shall be inserted the following definition—

domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;; and

(b)in the definition of “hospital”, after the words “1978” there shall be inserted—

(aa)any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1Sch. 9 para. 10 partly in force; Sch. 9 para. 10 not in force at Royal Assent see s.67(2); Sch. 9 para. 10(12)(14)(b) in force at 24.07.1990 by S.I. 1990/1520; Sch. 9 para. 10(2)-(6)(9)-(11)(13)(14)(a) in force at 1.4.1991 by S.I. 1990/2510, art. 2, Sch.; Sch. 9 para. 10(7)(8) in force at 1.4.1993 by S.I. 1992/2975, art. 2(2), Sch.

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources