National Health Service Act 1977

[F1 28A Power to make payments towards expenditure on community services. E+W+S

(1) This section applies to the following [F2 authorities—

(a) a Health Authority; and

(b) a Special Health Authority established] for a London Post-Graduate Teaching Hospital.

(2) An authority to whom this section applies may, if they think fit, make payments—

(a) to a local social services authority towards expenditure incurred or to be incurred by them in connection with any function which, by virtue of section 2(1) or (2) of the M1 Local Authority Social Services Act 1970, is to be performed through their social services committee, other than functions under section 3 of the M2 Disabled Persons (Employment) Act 1958;

(b) to a district council, [F3 or to a Welsh county council or county borough council,]towards expenditure incurred or to be incurred by them in connection with their functions under section 8 of the M3 Residential Homes Act 1980 or Part II of Schedule 9 to the M4 Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people);

(c) to an authority who are a local education authority for the purposes of the Education Acts 1944 to [F4 1996], towards expenditure incurred or to be incurred by them in connection with their functions under those Acts, in so far as they perform those functions for the benefit of disabled persons;

[F5 (d) to a local housing authority within the meaning of the M5 Housing Act 1985, towards expenditure incurred or to be incurred by them in connection with their functions under Part II of that Act (provision of housing); and]

(e) to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation,—

[F6 (i) a registered housing association within the meaning of the M6 Housing Associations Act 1985;]

(ii) the Commission for the New Towns;

(iii) a new town development corporation;

(iv) an urban development corporation established under the M7 Local Government, Planning and Land Act 1980;

(v) the Housing Corporation; and

(vi) the Development Board for Rural Wales [F7 and

(vii) Housing for Wales.]

(3) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4) No payment shall be made under this section in respect of any expenditure unless the expenditure has been recommended for a payment under this section by a joint consultative committee on which the authority proposing to make the payment are represented.

(5) The Secretary of State may by directions prescribe conditions relating to payments under this section.

(6) The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(7) Without prejudice to the generality of subsection (5) above, the power may be exercised—

(a) so as to make different provision for England and Wales and different provision for different [F8 areas] in either; and

(b) so as to require, in such circumstances as may be specified,—

(i) repayment of the whole or any part of a payment under this section;

(ii) payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(8) No payment shall be made under this section in respect of any expenditure unless the conditions relating to it—

(a) accord with the advice given by the joint consultative committee in making the recommendation for a payment under this section in respect of the expenditure in question; and

(b) conform with the conditions prescribed for payments of that description under subsection (5) above.

(9) Where expenditure which has been recommended by a joint consultative committee for a payment under this section is expenditure in connection with services to be provided by a voluntary organisation—

(a) the authority who are to make the payment may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under subsection (2) above; and

(b) an authority of one of the descriptions specified in paragraph (a), (b), (c) or (d) of subsection (2) above and who have received payments under that subsection may make out of the sums paid to them payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services,

but no payment shall be made under this subsection except subject to conditions—

(i) which conform with the conditions prescribed for payments of that description under subsection (5) above; and

(ii) which accord with the advice given by the joint consultative committee in recommending the expenditure for a payment under this section.]

Textual Amendments

F1 Ss. 28A, 28B substituted for s. 28A by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 1

F2 Words in s. 28A(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 17(a)

F3 Words in s. 28A(2)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 11(2) (with Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F4 Word in s. 28A(2)(c) substituted (E.W.) (1.9.1996) by 1996 c. 50, s. 10, Sch. 3 para. 6; S.I. 1996/2022, art. 2

F5 S. 28A(2)(d) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 38(2)(a)

F6 S. 28A(2)(e)(i) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 38(2)(b)

F7 S. 28A(2)(e)(vii) and preceding word “and” added by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 102

F8 Word in s. 28A(7)(a) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 17(b)

Marginal Citations

M1 1970 c. 42(81:3).

M2 1958 c. 33(43:1).

M3 1980 c. 7.

M4 1983 c. 41(113:3).

M5 1985 c. 68(61).

M6 1985 c. 69(61).

M7 1980 c. 65(81:1, 2) (103:1, 2) (123:1, 2, 3, 4).