National Assistance Act 1948

Section 33.

THIRD SCHEDULE Administrative Provisions as to Local Authorities.

PART I

Committees.

1 (1) For the purposes of their functions under Part III of this Act every local authority shall establish a committee, and all matters relating to the discharge of any of the said functions shall stand referred to that committee.

(2) Before exercising any such functions a local authority shall, unless the matter is urgent, consider a report of the committee with respect thereto.

2 A local authority may authorise a committee established in pursuance of this Schedule (hereinafter referred to as " the committee ") to exercise on their behalf any of their functions under Part III of this Act except the power to borrow money or to levy or to issue a precept for a rate.

3 (1) The committee shall be so constituted as to include persons having special experience of the matters to which the functions discharged by the committee relate, and to consist of women as well as men.

(2) At least a majority of the committee shall be members of the local authority

4 The minutes of proceedings of the committee shall be open to the inspection of any local government elector for the area on payment of a fee not exceeding one shilling, and any such local government elector may make a copy thereof or extracts therefrom.

5 (1) The committee may, subject to any restrictions imposed by the local authority, establish such sub-committees as the committee may determine, and any sub-committee established under this paragraph shall be constituted in such manner as the committee establishing it may, subject to any restrictions imposed by the local authority, determine:

Provided that—

(i) in the case of a sub-committee established only for one or more of the following purposes, that is to say, the managing, visiting or inspecting of particular premises used for the purposes of the provision of accommodation under Part III of this Act, at least one of the members shall be a member of the local authority or of the committee;

(ii) in the case of any other sub-committee at least a majority of the members shall be members of the local authority or of the council of a county district forming part of the area of the local authority.

(2) The committee may, subject to any restrictions imposed by the local authority, authorise any sub-committee to exercise on their behalf any functions of the committee.

6 Every person appointed to be a -member of the committee or a sub-committee thereof who at the time of his appointment was a member of the local authority appointing the committee, and every person appointed to be a member of such a sub-committee who at the time of his appointment was a member of the council of a county district in the area of the said local authority, shall, upon ceasing to be a member of the local authority or council, also cease to be a member of the committee or sub-committee, unless he has been re-elected to be a member of the authority or council not later than the date of his retirement.

7 (1) If it appears to the Minister, on the representation of a local authority, that in the interests of the efficient discharge of all or any of the authority's functions under Part III of this Act it is expedient so to do, the Minister may direct that all matters relating to the discharge thereof shall, instead of being referred to a committee established in pursuance of this Schedule, stand referred. to some other committee established by the local authority.

(2) Where such a direction has effect paragraphs 2 and 5 of this Schedule, and paragraph 6 thereof so far as it relates to sub-committees, shall apply with respect to the functions in question with the substitution for references to the committee established in pursuance of this Schedule of references to the said other committee.

8 The foregoing provisions of this Schedule shall not prevent a local authority from referring to any committee appointed by them any matter arising out of, and incidental to, their functions under Part III of this Act which, by reason that it relates also to a general service of the authority, ought in the opinion of the authority to be so referred, and the foregoing provisions of this Schedule shall not apply to any matter which is so referred.

PART II

Joint Boards.

9 (1) Where it appears to the Minister to be expedient in the interests of the efficiency of any services provided under Part III of this Act that a joint board should be established for the purpose of performing all or any of the functions under the said Part III of two or more local authorities, the Minister may by order constitute a joint board consisting of members appointed by those authorities and provide for the exercise by the board in lieu of the authorities of such of the said functions as may be specified in the order.

(2) An order under this paragraph shall not be made except after a local inquiry, unless all the authorities concerned have consented to the making of the order.

(3) Part I of this Schedule shall not have effect in relation to any functions of a local authority under Part III of this Act as respects any period during which those functions are being exercised by a joint board.

10 A joint board constituted for the purposes of Part III of this Act shall be a body corporate with a common seal and power to hold land without licence in mortmain.

11 An order constituting such a joint board—

(a) may, without prejudice to the provisions of section two hundred and ninety-three of the Local Government Act, 1933, and section one hundred and ninety-six of the [2 & 3 Geo. 6. c. 40.] London Government Act, 1939 (which authorise the application of the provisions of those Acts to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent local authorities;

(b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and the apportionment of liabilities;

(c) may confer on the board the like powers for the compulsory purchase of land as are exercisable by local authorities;

(d) may provide for the application, with such adaptations as may be specified, of any enactments relating to functions transferred to the board;

(e) may contain such other provisions as appear to the Minister to be expedient for enabling the board to exercise their functions;

(f) may apply to the board, with any necessary modifications and adaptations, any of the provisions of Part I of this Schedule.

PART III

Application to Scotland.

12 The foregoing provisions of this Schedule shall in their application to Scotland have effect subject to the following modifications:—

(a) for any reference to section two hundred and ninety-three of the Local Government Act, 1933, there shall be substituted a reference to section three hundred and sixty-three of the Local Government (Scotland) Act, 1947; and for any reference to issuing a precept for a rate there shall be substituted a reference to sending a requisition within the meaning of the last mentioned Act;

(b) for paragraph 3 there shall be substituted the following paragraph:—

“3 (1) At least two-thirds of the members of the committee shall be members of the local authority and any other members shall be persons who have special knowledge or experience in regard to the functions of a local authority under Part III of this Act.

(2) Not less than such number of the members of the committee as may be determined by the local authority shall be women.”

(c) paragraph 5 shall have effect as if in the proviso to sub-paragraph (1)—

(i) for the words " a majority " there were substituted the words " two-thirds "; and

(ii) the words from " or of the council " to the end of the sub-paragraph were omitted;

(d) paragraph 6 shall have effect as if the words from " and every person " to " said local authority " and the words " or council ", in both places where those words occur, were omitted.

13 A combination of local authorities in Scotland for the purposes of Part III of this Act may, notwithstanding anything in subsection (5) of section one hundred and twenty of the Local Government (Scotland) Act, 1947, be effected under that section.