General ProvisionsE+W

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[F2(1)For the purposes of subsection (8) of section twenty-one of the M1National Assistance Act 1948 (which restricts the duties of local authorities in respect of the provision of accommodation under that section by reference to the provision authorised or required to be made under other enactments) no account shall be taken of the provision authorised or required to be made by [F3local social services authorities] under [F4paragraph 2 of Schedule 8 to the M2National Health Service Act 1977], with respect to residential accommodation for persons who are or have been suffering from mental disorder.]

(2)[F5The persons referred to in subsection (1) of section twenty-nine of the said Act of 1948 (which section enables local authorities to make arrangements for promoting the welfare of blind persons and other disabled persons described in the said subsection (1)) shall include mentally disordered persons of any description; and] for the purposes of subsection (6) of that section (which, among other things, excludes from that section the provision of accommodation or services required to be provided under the M3National Health Service Act 1946), no account shall be taken of the provisions of [F6Schedule 8 to the M4National Health Service Act 1977], with respect to the provision of [F5accommodation or]services for such persons.

[F2(3)Subsection (2) of this section shall not affect the operation of the provisions of Part IV of the M5National Assistance Act 1948, relating to disabled persons’ homes or charities for disabled persons, but without prejudice to the provisions of Part III of this Act with respect to the registration of such homes.]

(4)Nothing in this section shall be construed as requiring a local authority to make provision for the same purposes both under . . . F7 Part III of the M6National Assistance Act 1948 [F8and under Schedule 8 to the M7National Health Service Act 1977].

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[F129 Functions of children authorities.E+W

(1)[F13A local social services authority] may accommodate in homes [F14provided under section 38 of the M8Children and Young Persons Act 1969] any child who, not being in their care within the meaning of Part II of [F14the M9Children Act 1948],is a person whose care or after-care is for the time being undertaken by that or any other authority . . . F15 in pursuance of arrangements made under [F16paragraph 2 of Schedule 8 to the M10National Health Service Act 1977], [F17or under section twenty-seven of the M11National Health Service (Scotland) Act 1947] for the care or after-care of persons who are or have been suffering from mental disorder.

[F18(2)Where any such child as is referred to in subsection (1) of this section is accommodated as mentioned in that subsection by a local social services authority; the authority may make such adjustments of their accounts as they consider appropriate.]

(3)Nothing in this Act, or in any other enactment, shall be construed as preventing a [F13local social services authority] from receiving into their care under section one of the M12Children Act 1948, a child who is mentally disordered, nor as preventing a [F13local social services authority] from accommodating in pursuance of such arrangements as aforesaid any child who is in the care of that or any other authority . . . F15

(4)In this section “child” has the same meaning as in the M13Children Act 1948.]

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