Part IV Miscellaneous Matters

Provisions applicable to England and Wales and Scotland

65 Financial and other assistance by local authorities to certain voluntary organisations. C1

1

A local authority may give assistance by way of grant or by way of loan, or partly in the one way and partly in the other, to a voluntary organisation whose activities consist in, or include, the provision of a service similar to a relevant service, the promotion of the provision of a relevant service or a similar one, the publicising of a relevant service or a similar one or the giving of advice with respect to the manner in which a relevant service or a similar one can best be provided, . . . F1.

2

A local authority may also assist any such voluntary organisation as aforesaid by permitting them to use premises belonging to the authority on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift, or loan or otherwise) and the services of any staff who are employed by the authority in connection with the premises or other things which they permit the organisation to use, . . . F2

3

In this section—

a

“local authority” (except where used in the expression “public or local authority”) means the council of a county, F3other than a metropolitan county, or of a F4county borough, metropolitan district or London borough or the Common Council of the City of London;

F5b

“the relevant enactments” means—

i

Parts III and IV of the M1Children and Young Persons Act 1933,

ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

iii

Part III of the M2National Assistance Act 1948,

iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

v

the M3Adoption Act 1958,

vi

section 3 of the M4Disabled Persons (Employment) Act 1958,

F8vii

the M5Children Act 1958,

F9viii

section 9 of the M6Mental Health Act 1959,

ix

section 10 of the Mental Health Act 1959, so far as it relates to cases mentioned in paragraph (a) of that section,

F10x

section 9 of the M7Domestic Proceedings and Magistrates’ Courts Act 1978,

xi

the M8Children and Young Persons Act 1963, except Part II and section 56,

xii

this Act,

xiii

the M9Adoption Act 1968,

xiv

section 7(4) of the M10Family Law Reform Act 1969,

xv

the M11Children and Young Persons Act 1969,

xvi

section 43 of the M12Matrimonial Causes Act 1973,

F12xvii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

xviii

the M13Children Act 1975,

F12xix

the M14National Health Service Act 1977,

F13xix

the M15Adoption Act 1976,

F14xxi

the Children Act 1989.

c

“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and

d

“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.

4

The foregoing provisions of this section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(5) and 28(3) and (so far as it relates to such organisations) section 63 of the M16National Health Service Act 1946, sections 26(6) and 30(2) of the M17National Assistance Act 1948, sections 45(4) and 46(3) of the M18London Government Act 1963 and, except in so far as it applies to the councils of county districts, section 31(3) of the National Assistance Act 1948.

5

Subsection (1) of section 46 of the M19Local Government Act 1958 shall have effect as if the functions of councils of counties which may, under schemes made under that section, be exercisable by the councils of county districts, included functions under this section of the first mentioned councils.

6

This section (except in so far as it relates to the Greater London Council) shall have effect in Scotland as if for subsections (3), (4) and (5) thereof, there were substituted the following subsections:—

2A

Without prejudice to the powers conferred on local authorities by the foregoing provisions of this section, a F15local authority may assist any voluntary organisation whose activities consist in or include the provision of meals or recreation for old people to provide such meals or such recreation by contributing to the funds of the organisation, by permitting them to use premises belonging to the F15local authority on such terms as may be agreed, and by making available furniture, vehicles or equipment (whether by way of gift or loan or otherwise) and the services of any staff who are employed by the F15local authority in connection with the premises or other things which they permit the organisation to use.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

2B

In this section—

a

“local authority” (except where used in the expression “public or local authority”) means, F17the F18council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

F20c

“the relevant enactments” means the National Health Service (Scotland) Acts F211978, Part III of the National Assistance Act 1948 and section 3 of the Disabled Persons (Employment) Act 1958;

d

“relevant service” means a service the provision of which must or may, by virtue of the relevant enactments, be secured by a local authority; and

e

“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.

2C

This section shall have effect in place of the following provisions authorising the giving of assistance to voluntary organisations, namely, sections 22(3) and 27(3) and (so far as it authorises local health authorities to give assistance to such organisations) section 63 of the National Health Service (Scotland) Act 1947, and section 26(6), 30(2) and 31(3) of the National Assistance Act 1948