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National Health Service and Community Care Act 1990

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National Health Service and Community Care Act 1990, Section 47 is up to date with all changes known to be in force on or before 09 December 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • s. 4A(1)(c) and word added by S.I. 2006/1056 Sch. para. 5(a)(ii) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))

47 Assessment of needs for community care services.E+W

(1)Subject to subsections (5) and (6) below, where it appears to a local authority that any person for whom they may provide or arrange for the provision [F1of services under section 117 of the Mental Health Act 1983 F2...] may be in need of any such services, the authority—

(a)shall carry out an assessment of his needs for those services; and

(b)having regard to the results of that assessment, shall then decide whether his needs call for the provision by them of any such services.

(2)If at any time during the assessment of the needs of any person under subsection (1)(a) above it appears to a local authority [F3in England] that he is a disabled person, [F4(and F5..., that he is under 18)] the authority—

(a)shall proceed to make such a decision as to the services he requires as is mentioned in section 4 of the M1Disabled Persons (Services, Consultation and Representation) Act 1986 without his requesting them to do so under that section; and

(b)shall inform him that they will be doing so and of his rights under that Act.

(3)If at any time during the assessment of the needs of any person under subsection (1)(a) above, it appears to a local authority—

[F6(za)that there may be a need for the provision to that person, pursuant to arrangements made under the National Health Service Act 2006 by such clinical commissioning group as may be determined in accordance with regulations, of any services (including services that may be provided pursuant to such arrangements by virtue of section 7A of that Act),]

(a)that there may be a need for the provision to that person by such F7... [F8Health Authority] as may be determined in accordance with regulations of any services under F9... [F10 the National Health Service (Wales) Act 2006], or

(b)that there may be a need for the provision to him of any services which fall within the functions of a local housing authority (within the meaning of the M2Housing Act 1985) which is not the local authority carrying out the assessment,

the local authority shall notify that F11... [F12clinical commissioning group,] [F8Health Authority] or local housing authority and invite them to assist, to such extent as is reasonable in the circumstances, in the making of the assessment; and, in making their decision as to the provision of the services needed for the person in question, the local authority shall take into account any services which are likely to be made available for him by that F11... [F12clinical commissioning group,] [F8Health Authority] or local housing authority.

(4)The Secretary of State may give directions as to the manner in which an assessment under this section is to be carried out or the form it is to take but, subject to any such directions and to subsection (7) below, it shall be carried out in such manner and take such form as the local authority consider appropriate.

(5)Nothing in this section shall prevent a local authority from temporarily providing or arranging for the provision of [F13services mentioned in subsection (1)] for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.

(6)If, by virtue of subsection (5) above, F14... services have been provided temporarily for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.

F15(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

  • disabled person” has the same meaning as in that Act; and

  • local authority[F16means a county council in England, a district council for an area in England for which there is no county council, the council of a county or county borough in Wales, a London borough council or the Common Council of the City of London].

Annotations: Help about Annotation
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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)

F7Words in s. 47(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 59(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8Words in s. 47(3) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 81 (with Sch. 2 paras. 6, 16)

F9Words in s. 47(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 59(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11Words in s. 47(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 59(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I1S. 47 wholly in force at 1.4.1993 see s. 67(2) and S.I. 1992/2975, art. 2(2), Sch.

Marginal Citations

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