Health Services and Public Health Act 1968

45 Promotion by local authorities, of the welfare of old people. E+W+S

(1) A local authority may with the approval of [F1 the Secretary of State], and to such extent as he may direct shall, make arrangements for promoting the welfare of old people.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3) A local authority may employ as their agent for the purposes of this section [F3 any voluntary organisation having for its sole or principal object, or among its principal objects, the promotion of the welfare of old people][F3 any voluntary organisation or any person carrying on, professionally or by way of trade or business, activities which consist of or include the provision of services for old people, being an organisation or person appearing to the authority to be capable of promoting the welfare of old people].

(4) No arrangements under this section shall provide—

(a) for the payment of money to old people except in so far as the arrangements may provide for the remuneration of old people engaged in suitable work in accordance with the arrangements;

(b) for making available any accommodation or services required to be provided under the [F4 M1 National Health Service Act 1977].

(5) The M2 National Assistance Act 1948 shall have effect as if the following references included a reference to this section, that is to say,—

(a) the reference, in section 32, to section 29 of that Act;

(b) the references, in sections 35, [F5 36,]45, 52 . . . F6 to Part III of that Act;

(c) the references, in sections [F7 54,] 56 and 59, to that Act.

(6)–(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(9) The M3 Health Visiting and Social Work (Training) Act 1962 shall have effect in relation to functions of local authorities under this section as it does in relation to functions of local authorities under Part III of the National Assistance Act 1948.

(10) Section 31(1) of the National Assistance Act 1948 (which empowers local authorities to make arrangements for the provision of meals and recreation for old people) shall cease to have effect except as respects the councils of county districts.

(11) In this section “local authority” (except where used in the expression “public or local authority”) means the council of a county, [F9 other than a metropolitan county or of a metropolitan district] or London borough or the Common Council of the City of London, and “voluntary organisation” means a body the activities of which are carried on otherwise than for profit but does not include any public or local authority.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F1 Words substituted by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)

F2 S. 45(2) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I

F3 Words "any voluntary organisation or any person" to "capable of promoting the welfare of old people" substituted (1.4.1991) for the words "any voluntary organisation having for its sole or principal object, or among its principal objects, the promotion of the welfare of old people" by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(7)

F4 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 43

F5 Figure "36," repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F6 Words repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3 and Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

F7 Figure "54," repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F8 Ss. 45(6)–(8), 68 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

F9 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 15(3)

F10 S. 45(12) repealed by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

Modifications etc. (not altering text)

C1 S. 45 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49). Sch. 9 Pt. I; amended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

Marginal Citations

M1 1977 c. 49.

M2 1948 c. 29.

M3 1962 c. 33.