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Mental Health Act 1959

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8 Functions of welfare authorities.E+W

[F1(1) For the purposes of subsection (8) of section twenty-one of the M1 National Assistance Act 1948 (which restricts the duties of local authorities in respect of the provision of accommodation under that section by reference to the provision authorised or required to be made under other enactments) no account shall be taken of the provision authorised or required to be made by [F2 local social services authorities ] under [F3 paragraph 2 of Schedule 8 to the M2 National Health Service Act 1977 ] , with respect to residential accommodation for persons who are or have been suffering from mental disorder. ]

(2)[F4The persons referred to in subsection (1) of section twenty-nine of the said Act of 1948 (which section enables local authorities to make arrangements for promoting the welfare of blind persons and other disabled persons described in the said subsection (1)) shall include mentally disordered persons of any description; and] for the purposes of subsection (6) of that section (which, among other things, excludes from that section the provision of accommodation or services required to be provided under the M3National Health Service Act 1946), no account shall be taken of the provisions of [F5Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006], with respect to the provision of accommodation or services for such persons.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Nothing in this section shall be construed as requiring a local authority to make provision for the same purposes both under . . . F7 Part III of the M4National Assistance Act 1948 [F8and under [F9Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006]].

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