86 Adjustments between authority providing accommodation etc., and authority of area of residence.E+W+S
(1)Any expenditure which apart from this section would fall to be borne by a local authority—
(a)in the provision under this Act of accommodation for a person ordinarily resident in the area of another local authority, or
(b)in the provision under Part II of this Act of services and facilities for a person ordinarily so resident (including, in the case of a child, any expenses incurred after he has ceased to be a child, and, in the event of his care being taken over by virtue of section 15(4) of this Act including also any travelling or other expenses incurred in connection with the taking over), or
(c)for the conveyance of a person ordinarily resident as aforesaid, or
(d)in administering a supervision requirement in respect of a person ordinarily resident as aforesaid, [F1or]
[F1(e)in the provision of accommodation, services or facilities for persons ordinarily so resident under section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984;]
shall be recoverable from the other local authority, and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales.
(2)Any question arising under this section as to the ordinary residence of a person shall be determined by the Secretary of State, and the Secretary of State may determine that a person has no ordinary residence.
(3)In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he was a patient in a hospital [F2forming part of the hospital and specialist services] provided under [F3sections 2 and 3 of the M1National Health Service Act 1977] or [F4Part II of the M2National Health Service (Scotland) Act 1978][F5or in a hospital managed by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978] or, in the case of a child, any period during which he resided in any place as an inmate of a school or other institution, or in accordance with the requirements of a supervision requirement, supervision order or probation order or the conditions of a recognizance, or while boarded out under this Act or under [F6the [F7M3Child Care Act 1980] or] the M4Children and Young Persons (Scotland) Act 1937 by a local authority or education authority [F8or placed with local authority foster parents under the Children Act 1989] shall be disregarded.
Textual Amendments
F1S. 86(1)(e) and the word “or” immediately preceding it inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(11)
F2Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58, SIF 113:3), Sch. 7 Pt. II
F3Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), Sch. 15 para. 48
F4Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 29(2)
F5Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 10(12)
F6Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(7), Sch. 13 para. 23, Sch. 15
F7Words substituted by Child Care Act 1980 (c. 5, SIF 20), Sch. 5 para. 22
F8Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 23
Marginal Citations