SCHEDULES.

Section 2.

FIRST SCHEDULEConstitution and Proceedings of National Assistance Board.

1(1)The Board shall be a body corporate by the name of the National Assistance Board with a common seal and shall consist of a chairman, a deputy chairman, and not less than one nor more than four other members appointed by His Majesty by warrant under the Sign Manual.

(2)At least one member of the Board shall be a woman.

2Every member of the Board shall held and vacate office in accordance with the terms of his warrant of appointment.

3No member of the Board shall be capable of being elected to or of sitting in the House of Commons.

4Any person who has ceased to be a member of the Board shall be eligible for reappointment.

5The Board may act notwithstanding any vacancy in the number of the Board.

6There shall be paid to the several members of the Board out of the Consolidated Fund or the growing produce thereof such salaries as may be determined by the Treasury at the time of their appointment respectively, so, however, that the aggregate amount of the salaries of the members of the Board shall not exceed the sum of twelve thousand pounds per annum.

7The procedure and quorum of the Board shall be such as the Board may from time to time determine.

8The Board shall appoint a secretary and may appoint such other officers and such servants, and there shall be paid to them such salaries and allowances, as the Board may after consultation with the Minister of National Insurance and with the consent of the Treasury determine.

9The functions of the Board, and of the officers and servants appointed by the Board, shall be exercised on behalf of the Crown.

10The Board shall have power to acquire land for the purposes of their functions under this Act, and to dispose of any land held by them which is no longer required for those purposes.

11Every document purporting to be an instrument issued by the Board and to be sealed with the seal of the Board or to be signed by the secretary of the Board or any person authorised to act in that behalf, shall be received in evidence and be deemed to be such an instrument without further proof, unless the contrary is shown.

Section 5.

SECOND SCHEDULEResources to be Disregarded.

1In taking into account the value to any person of an interest in the dwelling-house in which he resides, any sum which might be obtained by him by selling that interest or borrowing money upon the security thereof shall be disregarded.

2(1)Subject to the provisions of this Schedule, any capital resources of a person not disregarded by virtue of the foregoing paragraph shall be disregarded up to the smaller of the following amounts, that is to say—

(a)the aggregate amount of any war savings of the person in question;

(b)three hundred and seventy-five pounds.

(2)There shall be wholly disregarded any income from capital resources which fall to be disregarded under the last foregoing sub-paragraph.

(3)The amount of the war savings of any person shall be ascertained for the purposes of this paragraph in accordance with the provisions in that behalf of this Schedule.

3Any capital resources not disregarded by virtue of either of the foregoing paragraphs shall—

(a)so far as their aggregate value does not exceed fifty pounds, be disregarded together with all income therefrom;

(b)so far as their aggregate value exceeds fifty pounds but does not exceed four hundred pounds, be treated as equivalent to a weekly income of sixpence for each complete twenty-five pounds.

4There shall be wholly disregarded—

(a)any death grant paid to a person under the provisions of section twenty-two of the National Insurance Act. 1946;

(b)any maternity grant to which a woman is entitled under section fourteen of the National Insurance Act, 1946.

5(1)Any such payment or part of a payment as is specified in the following provisions of this paragraph shall be disregarded up to the amount of one pound a week or, if the person in question is in receipt of more than one payment so specified, up to the said amount in the aggregate.

(2)The payments and parts of payments hereinbefore referred to are:—

(a)the first ten shillings and sixpence a week of any payment of sick pay received from a friendly society or trade union;

(b)the first ten shillings and sixpence a week of any superannuation payment or superannuation payments in respect of previous service or employment from which the recipient has retired or resigned (whether payable by a former employer or not), not being a payment or payments—

(i)on account of a pension under the Old Age Pensions Act, 1936 or under or by virtue of the Widows', Orphans' and Old Age Contributory Pensions Acts, 1936 to 1941, or under any enactment repealed by any of those Acts, or

(ii)on account of a retirement pension under the National Insurance Act, 1946;

(c)any payment by way of attendance allowance under section fourteen of the National Insurance Act, 1946, and any payment by way of maternity allowance under section fifteen of that Act;

(d)any of the following payments, that is to say—

(i)any payment in respect of retired pay or pension to which section sixteen of the [9 & 10 Geo. 5. c. 32.] Finance Act, 1919, applies, including any payment in respect of a dependants' allowance attached to such a pension,

(ii)any payment in respect of a disablement pension awarded under the [2 & 3 Geo. 6. c. 82.] Personal Injuries (Emergency Provisions) Act, 1939, including, an increase in such a pension in respect of dependants,

(iii)any weekly payment by way of compensation under any enactment relating to workmen's compensation,

(iv)any payment by way of disablement benefit under section twelve of the National Insurance (Industrial Injuries) Act, 1946.

6Where under section seven of this Act the resources of two or more persons are to be aggregated, paragraph 2 of this Schedule shall apply to the resources of each of the said persons severally and paragraphs 3 and 5 thereof shall apply to the aggregate of the resources of both or all the said persons.

7(1)For the purposes of this Schedule the amount of the war savings of a person shall subject to the provisions of this paragraph be taken to be the aggregate amount of assets of any description specified in the next following sub-paragraph owned by him at the relevant date, reduced by the aggregate amount of any such assets owned by him immediately before the third day of September, nineteen hundred and thirty-nine.

(2)The assets referred to in the last foregoing sub-paragraph are—

(a)Government stock held on the Post Office register issued after the second day of September, nineteen hundred and thirty-nine and acquired by the person in question by subscription at the time of issue or by inheritance;

(b)National Savings Certificates and Ulster Savings Certificates;

(c)money on loan to the Treasury without interest;

(d)amounts standing to the credit of any account in the Post Office Savings Bank or a Trustee Savings Bank or any other savings bank prescribed for the purposes of this Schedule.

(3)In this paragraph the expression " the relevant date " means the earlier of the following dates, that is to say—

(a)the date at which the resources of the person in question are being computed;

(b)such date as His Majesty may by Order in Council determine (hereinafter in this paragraph referred to as " the determined date ").

(4)Where at any time after the determined date a person receives payment in respect of an income-tax credit, then, subject to the condition specified in sub-paragraph (6) of this paragraph, in computing his resources at any time after the making of the payment the amount of his war savings shall be taken to include, or if apart from this sub-paragraph he would not be treated as having any war savings shall be taken to be, the amount of the payment.

(5)In computing the resources of a person after the expiration of the prescribed period beginning with the determined date, the provisions of paragraph 2 of this Schedule shall have effect in relation to any assets referred to in sub-paragraph (1) of this paragraph subject to the condition specified in the next following sub-paragraph.

(6)The condition hereinbefore referred to is that either—

(a)there is produced to the authority computing resources a certificate in the prescribed form certifying that within the prescribed period application was made in the prescribed manner claiming that the provisions of paragraph 2 of this Schedule should apply to the payment or assets in question, or

(b)the said authority are satisfied that within the said period application was made for such a certificate.

(7)Where assets referred to in sub-paragraph (1) of this paragraph owned by a person at the relevant date were acquired with the proceeds of the realisation after the fourteenth day of August, nineteen hundred and forty, of any investments of that person, not being investments acquired by him by inheritance after the said fourteenth day of August, then in ascertaining the amount of his war savings there shall be deducted the sum applied out of the said proceeds of realisation in acquiring the said assets:

Provided that in so far as the investments realised consisted of assets of any description specified in sub-paragraph (2) of this paragraph, a deduction shall only be made under this paragraph in so far as a deduction would have been required to be made thereunder if the person in question had not realised the said assets but had continued to retain them.

8(1)In this Schedule—

(a)the expression " by inheritance " means as a beneficiary under a will or intestacy or under the nomination of a deceased person;

(b)the expression " Government stock " has the same meaning as in the [56 & 57 Vict. c. 69.] Savings Bank Act, 1893;

(c)the expression " income-tax credit " means a payment or credit received by a person by virtue of section seven of the [8 & 9 Geo. 6. c. 24.] Finance Act, 1941 (which provides for the crediting of certain amounts of income tax), or of that section as applied or extended by any subsequent enactment;

(d)the expression " investment " includes any deposit or loan, being a deposit or loan bearing interest;

(e)the expression " Trustee Savings Bank " means a bank in the United Kingdom or the Channel Islands certified under the [26 & 27 Vict. c. 87.] Trustee Savings Bank Act, 1863;

(f)references to the amounts standing to the credit of an account in a Trustee Savings Bank include any sums received in respect of special investments;

(g)references to the amount at any date of any Government stock or National or Ulster Savings Certificates shall be treated as references, in the case of any such stock to the amount originally subscribed therefor, and in the case of any such certificates to the amount for which those certificates could be encashed on that date.

(2)For the purposes of this Schedule a person shall be deemed, subject to the next following sub-paragraph, to own any asset if he is absolutely entitled in possession to the whole beneficial interest therein, and not otherwise.

(3)Where two or more persons are beneficially entitled in possession to any asset they shall be treated for the purposes of this Schedule as if they were each entitled in possession to the whole beneficial interest in an equal share in the asset:

Provided that if it appears to the authority computing resources that their respective beneficial interests in the asset are not equal the said persons shall be treated for the purposes of this Schedule as if they were respectively entitled in possession to the whole beneficial interest in such share in the asset as appears to the said authority to be just.

(4)References in this Schedule to the acquisition of an asset shall be construed in accordance with the two last foregoing sub-paragraphs.

(5)Sub-paragraphs (2) and (3) of this paragraph shall have effect in their application to Scotland as if the words " in possession " were omitted wherever they occur.

9Anything to be prescribed for the purposes of this Schedule shall be prescribed by the Treasury.

Section 33.

THIRD SCHEDULEAdministrative Provisions as to Local Authorities.

PART I

Committees.

1(1)For the purposes of their functions under Part III of this Act every local authority shall establish a committee, and all matters relating to the discharge of any of the said functions shall stand referred to that committee.

(2)Before exercising any such functions a local authority shall, unless the matter is urgent, consider a report of the committee with respect thereto.

2A local authority may authorise a committee established in pursuance of this Schedule (hereinafter referred to as " the committee ") to exercise on their behalf any of their functions under Part III of this Act except the power to borrow money or to levy or to issue a precept for a rate.

3(1)The committee shall be so constituted as to include persons having special experience of the matters to which the functions discharged by the committee relate, and to consist of women as well as men.

(2)At least a majority of the committee shall be members of the local authority

4The minutes of proceedings of the committee shall be open to the inspection of any local government elector for the area on payment of a fee not exceeding one shilling, and any such local government elector may make a copy thereof or extracts therefrom.

5(1)The committee may, subject to any restrictions imposed by the local authority, establish such sub-committees as the committee may determine, and any sub-committee established under this paragraph shall be constituted in such manner as the committee establishing it may, subject to any restrictions imposed by the local authority, determine:

Provided that—

(i)in the case of a sub-committee established only for one or more of the following purposes, that is to say, the managing, visiting or inspecting of particular premises used for the purposes of the provision of accommodation under Part III of this Act, at least one of the members shall be a member of the local authority or of the committee;

(ii)in the case of any other sub-committee at least a majority of the members shall be members of the local authority or of the council of a county district forming part of the area of the local authority.

(2)The committee may, subject to any restrictions imposed by the local authority, authorise any sub-committee to exercise on their behalf any functions of the committee.

6Every person appointed to be a -member of the committee or a sub-committee thereof who at the time of his appointment was a member of the local authority appointing the committee, and every person appointed to be a member of such a sub-committee who at the time of his appointment was a member of the council of a county district in the area of the said local authority, shall, upon ceasing to be a member of the local authority or council, also cease to be a member of the committee or sub-committee, unless he has been re-elected to be a member of the authority or council not later than the date of his retirement.

7(1)If it appears to the Minister, on the representation of a local authority, that in the interests of the efficient discharge of all or any of the authority's functions under Part III of this Act it is expedient so to do, the Minister may direct that all matters relating to the discharge thereof shall, instead of being referred to a committee established in pursuance of this Schedule, stand referred. to some other committee established by the local authority.

(2)Where such a direction has effect paragraphs 2 and 5 of this Schedule, and paragraph 6 thereof so far as it relates to sub-committees, shall apply with respect to the functions in question with the substitution for references to the committee established in pursuance of this Schedule of references to the said other committee.

8The foregoing provisions of this Schedule shall not prevent a local authority from referring to any committee appointed by them any matter arising out of, and incidental to, their functions under Part III of this Act which, by reason that it relates also to a general service of the authority, ought in the opinion of the authority to be so referred, and the foregoing provisions of this Schedule shall not apply to any matter which is so referred.

PART II

Joint Boards.

9(1)Where it appears to the Minister to be expedient in the interests of the efficiency of any services provided under Part III of this Act that a joint board should be established for the purpose of performing all or any of the functions under the said Part III of two or more local authorities, the Minister may by order constitute a joint board consisting of members appointed by those authorities and provide for the exercise by the board in lieu of the authorities of such of the said functions as may be specified in the order.

(2)An order under this paragraph shall not be made except after a local inquiry, unless all the authorities concerned have consented to the making of the order.

(3)Part I of this Schedule shall not have effect in relation to any functions of a local authority under Part III of this Act as respects any period during which those functions are being exercised by a joint board.

10A joint board constituted for the purposes of Part III of this Act shall be a body corporate with a common seal and power to hold land without licence in mortmain.

11An order constituting such a joint board—

(a)may, without prejudice to the provisions of section two hundred and ninety-three of the Local Government Act, 1933, and section one hundred and ninety-six of the [2 & 3 Geo. 6. c. 40.] London Government Act, 1939 (which authorise the application of the provisions of those Acts to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent local authorities;

(b)may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and the apportionment of liabilities;

(c)may confer on the board the like powers for the compulsory purchase of land as are exercisable by local authorities;

(d)may provide for the application, with such adaptations as may be specified, of any enactments relating to functions transferred to the board;

(e)may contain such other provisions as appear to the Minister to be expedient for enabling the board to exercise their functions;

(f)may apply to the board, with any necessary modifications and adaptations, any of the provisions of Part I of this Schedule.

PART III

Application to Scotland.

12The foregoing provisions of this Schedule shall in their application to Scotland have effect subject to the following modifications:—

(a)for any reference to section two hundred and ninety-three of the Local Government Act, 1933, there shall be substituted a reference to section three hundred and sixty-three of the Local Government (Scotland) Act, 1947; and for any reference to issuing a precept for a rate there shall be substituted a reference to sending a requisition within the meaning of the last mentioned Act;

(b)for paragraph 3 there shall be substituted the following paragraph:—

“3(1)At least two-thirds of the members of the committee shall be members of the local authority and any other members shall be persons who have special knowledge or experience in regard to the functions of a local authority under Part III of this Act.

(2)Not less than such number of the members of the committee as may be determined by the local authority shall be women.”

(c)paragraph 5 shall have effect as if in the proviso to sub-paragraph (1)—

(i)for the words " a majority " there were substituted the words " two-thirds "; and

(ii)the words from " or of the council " to the end of the sub-paragraph were omitted;

(d)paragraph 6 shall have effect as if the words from " and every person " to " said local authority " and the words " or council ", in both places where those words occur, were omitted.

13A combination of local authorities in Scotland for the purposes of Part III of this Act may, notwithstanding anything in subsection (5) of section one hundred and twenty of the Local Government (Scotland) Act, 1947, be effected under that section.

Section 46.

FOURTH SCHEDULEAmendments of 26 Geo. 5 & 1 Edw. 8. c. 31.

1(1)For references to the Treasury, the local pension committee, and the pension officer there shall be substituted references to the Board.

(2)For references to the central pension authority there shall be substituted references to the Appeal Tribunal.

(3)References to pension authorities shall be construed as references to the Board or the Appeal Tribunal, as the case requires.

(4)Section ten (which relates to local pension committees, the central pension authority and pension officers) shall cease to have effect.

2(1)In section three, in subsection (1), paragraphs (a) and (c) (which disqualify persons who are inmates of poor law institutions, criminal lunatics, and persons who are being maintained as persons of unsound mind) shall cease to have effect, and for paragraph (b) (which disqualifies persons detained in prison on conviction) there shall be substituted—

“(b)is, except in such circumstances as may be prescribed by regulations under section twelve of this Act, undergoing penal servitude, imprisonment or detention in legal custody.”

(2)Subsections (2) and (3) of section three, and in subsection (1) the words " subject to the provisions of this section ", shall cease to have effect.

3Notwithstanding anything in section six, where a woman who is entitled to an old age pension becomes, in consequence of the death of her husband, entitled to an increase in the rate thereof, pension at the increased rate shall be payable as from the date of the death or from the beginning of the period of three months ending with the date on which notice of the death is given to the Board, whichever is the later:

Provided that the Board shall not by virtue of this paragraph be required to make any payment in respect of part of a week.

4In section nine, subsections (3) and (4) (which provide for the suspension of payments where a question of disqualification arises, and render a further claim necessary for the resumption of payments which have been discontinued or for the increase, on a change of circumstances, of a pension which has been reduced) shall cease to have effect.

5Regulations under section twelve shall be made by the Board and confirmed by the Minister of National Insurance and, so far as they relate to the Post Office, by the Postmaster-General.

6In section twelve paragraph (d) of subsection (1) (which relates to the constitution and proceedings of local pension committees, the use by such committees of offices of a local authority and the payment of the expenses of such committees), and in subsection (2) the words from " and for notice " to " registered by them ", shall cease to have effect.

7Subsection (4) of section twelve (which provides for defraying expenses of the Treasury, the Minister of Health, and local pension committees) shall cease to have effect.

Section 53.

FIFTH SCHEDULEConstitution and Proceedings of Appeal Tribunals.

1Each of the Tribunals referred to in section fifty-three of this Act shall consist of a chairman and two other members.

2Each Tribunal shall have jurisdiction in respect of such district as may be assigned to them by the Board.

3(1)The chairman and one of the other members of every Tribunal shall be appointed by the Minister, and the other member shall be appointed by the Board from a panel of persons nominated by the Minister to represent work-people.

(2)The Minister may appoint persons to act, in the event of absence or incapacity, in the place of members of a Tribunal appointed by him.

4The Board shall pay to the chairman or acting chairman of a Tribunal such remuneration, and to any member thereof such travelling and other allowances (including compensation for loss of remunerative time) as the Board may after consultation with the Minister and with the consent of the Treasury determine.

5The Board shall assign to each Tribunal a clerk and such other officers and servants, and shall pay to them such salaries or fees and such allowances, as the Board may after consultation with the Minister and with the consent of the Treasury determine.

6(1)The Board may make rules—

(a)as to the tenure of office of members of Tribunals;

(b)as to the procedure of Tribunals and the procedure in connection with the bringing of matters before a Tribunal, and as to the time within which matters may be brought before Tribunals;

(c)as to the payment by the Board to persons attending proceedings before Tribunals of travelling and other allowances (including compensation for loss of remunerative time);

(d)for authorising proceedings notwithstanding that the members of the Tribunal are not all present;

and in any case where proceedings take place in accordance with rules made in accordance with sub-paragraph (d) of this paragraph, the Tribunal shall, notwithstanding anything in this Act, be deemed to be properly constituted, and the chairman or acting chairman shall have a second or casting vote.

(2)It is hereby declared that the power under the last foregoing sub-paragraph to make rules as to procedure includes power to make provision as to the representation of one person in any proceedings by another person.

7In this Schedule " the Minister " means the Minister of National Insurance.

Section 62.

SIXTH SCHEDULETransitional Provisions.

1The first report of the Board under subsection (4) of section two of this Act shall include a report on the activities of the Board between the end of the period covered by the last report under subsection (4) of section thirty-five of the Unemployment Assistance Act, 1934 and the appointed day.

2(1)Advisory committees under subsection (3) of section thirty-five of the Unemployment Assistance Act, 1934, established immediately before the appointed day shall, unless and until the Board otherwise determine, the deemed to be advisory committees established under section three of this Act.

(2)A person holding office as chairman or other appointed member of an appeal tribunal under the said Act of 1934 immediately before the appointed day shall, until some other person is appointed in his place, be qualified without further appointment to act as chairman or other appointed member of an appeal tribunal for the purposes of this Act, and the panel of persons nominated to represent work-people under paragraph 3 of the Seventh Schedule to the said Act of 1934 shall, until a new panel is nominated, be deemed to be the panel nominated under paragraph 3 of the Fifth Schedule to this Act.

(3)Without prejudice to the provisions of section thirty-eight of the [52 & 53 Vict. c. 63.] Interpretation Act, 1889 (which relates to the effect of repeals), the coming into operation of this Act shall not, save as hereinafter provided, affect—

(a)any appeal under subsection (3) of section thirty-six of the Unemployment Assistance Act, 1934, against a decision made before the appointed day as to the applicability of that Act to any person;

(b)any appeal under section thirty-nine of that Act or that section as applied by any subsequent enactment, against a determination made before the appointed day;

(c)any reference under section forty-eight of that Act of a question as to the amount of any excess payment made before the appointed day; or

(d)any reference under the Eighth Schedule Jo that Act, or that Schedule as applied by any subsequent enactment, of a dispute between the Board and any authority:

Provided that—

(i)in relation to any appeal under the said subsection (3) pending at the appointed day the said subsection (3) shall have effect subject to such modifications as may be prescribed by the Minister of National Insurance;

(ii)any such appeal or reference brought after the appointed day shall be brought and determined in accordance with the provisions of this Act and rules thereunder as to appeals and references brought by virtue of this Act.

3(1)Where immediately before the appointed day a person was in receipt of sums—

(a)payable in respect of outdoor relief under me Poor Law Act, 1930, or

(b)payable under the Blind Persons Acts, 1920 and 1938, or

(c)receivable by him as a person undergoing treatment for pulmonary tuberculosis, or

(d)payable by the Assistance Board under any enactment repealed by this Act,

the Board may continue payment thereof for any period not exceeding, two months from the appointed day during which the said person is in need thereof, and for the purposes of this Act any payments made" by virtue of this sub-paragraph shall be deemed to be assistance grants.

(2)Where assistance grants are made in respect of a person who at any time during the month ending with the appointed day was in receipt of any such sums as are mentioned in the last foregoing sub-paragraph, the Board may take into consideration the rate at which any such sums were paid to him at any time during the period of six months ending with the appointed day, and may increase the amount of the grants accordingly notwithstanding anything in Part II of this Act or regulations made thereunder.

(3)Any authority responsible for the making of payments falling within heads (a) to (c) of sub-paragraph (1) of this paragraph shall on a requisition in that behalf made by the Board not later than six months after the appointed day transfer to the Board any documents specified in the requisition which are under the control of the authority and relate to the payments.

4(1)Where immediately before the appointed day any premises vested in a local authority were being used for the reception or relief of casual poor persons under the provisions of the Poor Law Act, 1930, then if on the appointed day the premises remain so vested the local authority shall maintain therein, until such time as the Board may determine, a centre for the like purposes as a reception centre maintained by the Board.

(2)For the purposes of sections seventeen and eighteen of this Act, any centre maintained by a local authority under this paragraph shall be deemed to be a reception centre maintained on behalf of the Board.

5(1)Notwithstanding anything in Part III of this Act, a local authority may, for a period of six months from the appointed day or such longer period not exceeding twelve months therefrom as the Minister of Health may allow, exercise otherwise than in accordance with a scheme under the said Part III any functions conferred on them by the said Part III or which could be conferred an them by a scheme thereunder:

Provided that the local authority shall not exercise any function under the said Part III otherwise than in accordance with a scheme thereunder after a scheme relating to the exercise of that function has come into force.

(2)The references in subsection (6) of section twenty-nine of this Act to arrangements made by virtue of paragraph (c) or paragraph (d) of subsection (4) of that section, and to arrangements made under that section, shall be construed as including references to arrangements made under the corresponding provisions of the Blind Persons Acts, 1920 and 1938.

6(1)Any land which immediately before the appointed day was held by the council of a county or county borough for the purposes of any enactment repealed by this Act, or which on the appointed day vests in or thereafter is transferred to the council of a county or county borough by virtue of this Schedule, shall save as otherwise provided in this Schedule be deemed to have been appropriated for such of the purposes of this Act as the council may determine.

(2)Any right of a council of a county or county borough subsisting immediately before the appointed day to use land for the purposes of any enactment repealed by this Act shall on and after the appointed day continue to subsist as a right to use the land for such of the purposes of this Act as the council may determine, subject however to the cesser of the right in any event (other than the repeal of the said enactment) in which it would have ceased apart from this sub-paragraph.

(3)Nothing in this paragraph shall affect the provisions of the National Health Service Act, 1946, or the National Health Service (Scotland) Act, 1947, as to the transfer and vesting of hospitals.

(4)In this paragraph the expression " land " includes any interest in land and any easement, servitude or right in, to or over land.

7(1)Where immediately before the appointed day any premises being part of a workhouse were being used for hospital purposes, but the workhouse as a whole was mainly being used for other purposes, subsection (2) of section six of the Act of 1946 (which provides for the transfer to the Minister of Health of hospitals and property and liabilities connected therewith) shall not apply in relation to the premises, but—

(a)the local authority by which the workhouse was provided shall to the satisfaction of the Minister of Health enter into arrangements with the Regional Hospital Board whereby, until the said Minister otherwise determines, the like accommodation shall be available for the provision of hospital and specialist services under the Act of 1946 as was available for hospital purposes immediately before the appointed day, and such facilities in relation to the accommodation made available shall be afforded by the local authority as may be necessary for the purposes of the Act of 1946;

(b)the Regional Hospital Board shall make to the local authority such payments in respect of accommodation and facilities as may be agreed between the authority and the Board, or in default of agreement as may be determined by the Minister of Health.

(2)Where immediately before the appointed day any person was by virtue of a lunacy order or a mental deficiency order detained in any such premises as are mentioned in the last foregoing sub-paragraph,—

(a)the premises shall be deemed, until the time determined under head (a) of that sub-paragraph, to be a mental hospital or institution for defectives, as the case may be; and

(b)the lunacy order shall have effect as if it were an order made on the appointed day under section sixteen of the Lunacy Act, 1890, for the detention of the said person in the premises.

(3)Subsection (4) of section fifty of the Act of 1946 shall not have effect.

(4)Regulations as to the transfer of officers made under section sixty-eight of the Act of 1946 shall provide for the transfer of officers and servants of local authorities who immediately before the appointed day were employed solely or mainly at or for purposes of such premises as are mentioned in sub-paragraph (1) of this paragraph to the Regional Hospital Board for the area in which the premises are situated.

(5)Any expenditure of a Regional Hospital Board under head (6) of sub-paragraph (1) of this paragraph shall be deemed for the purposes of section fifty-four of the Act of 1946 to be expenditure of the Regional Hospital Board incurred under that Act and approved as mentioned in that section.

8(1)Where any premises being part of a workhouse were immediately before the appointed day being used otherwise than for hospital purposes, but the workhouse as a whole was mainly being used for hospital purposes, the entirety of the workhouse shall be treated as a hospital for the purposes of the Act of 1946, and shall be transferred to and vest in the Minister of Health under that Act accordingly, and no apportionment of interests shall be made under paragraph (a) of subsection (5) of section six of that Act:

Provided that nothing in this sub-paragraph shall extend the operation of the provisions of section sixty-eight of that Act or regulations made thereunder as to the transfer of officers.

(2)Where a workhouse is transferred to and vests in the Minister under the Act of 1946, and immediately before it so vested accommodation was being used therein for the relief under the Poor Law Act, 1930, of persons not in need of reception into hospital,—

(a)the Regional Hospital Board shall to the satisfaction of the Minister of Health enter into arrangements with the local authority by which the workhouse was provided whereby, until the Minister otherwise determines, the like accommodation shall be available for the purposes of section twenty-one of this Act as was immediately before the appointed day available for the relief of persons not in need of reception into hospital, and such facilities in relation to the accommodation shall be afforded as may be requisite for those purposes, and

(b)the local authority shall make to the Regional Hospital Board such payments in respect of the accommodation and facilities as may be agreed between the authority and the Board or, in default of agreement, as may be determined by the Minister of Health.

(3)Where any part of the accommodation first referred to in the last foregoing sub-paragraph was being used immediately before the appointed day for the reception or relief of casual poor persons, then, if the Minister of Health after consultation with the National Assistance Board so directs, that sub-paragraph shall apply separately in relation to that part of the accommodation, and shall so apply with the substitution for the reference to section twenty-one of this Act of a reference to section seventeen thereof; and where the Minister gives a direction under this sub-paragraph—

(a)he shall not determine the arrangements made in pursuance of the direction except after consultation with the National Assistance Board;

(b)so long as those arrangements continue in force the local authority shall maintain in the accommodation provided in pursuance of the arrangements a centre for the like purposes as a reception centre maintained by the National Assistance Board, and the centre shall be deemed to be provided by the local authority in pursuance of a requirement under subsection (2) of section seventeen of this Act;

(c)expenditure incurred by the local authority in making payments in accordance with head (6) of sub-paragraph (2) of this paragraph shall be deemed for the purposes of subsection (3) of the said section seventeen to have been incurred with the approval of the National Assistance Board.

(4)Accommodation provided under section twenty-one of this Act in pursuance of arrangements under this paragraph shall be deemed to be provided by the local authority in premises managed by them.

9(1)In this and the two last foregoing paragraphs the following expressions have the meanings hereby assigned to them respectively:—

• " hospital purposes ", in relation to any premises, means purposes such that if the premises were a separate institution they would be a hospital as defined by section seventy-nine of the Act of 1946;

• " lunacy order " and " mental hospital " mean respectively an order under the Lunacy and Mental Treatment Acts, 1890 to 1930, and a mental hospital for the purposes of those Acts;

• " mental deficiency order " and " institution for defectives " mean respectively an order under the Mental Deficiency Acts, 1913 to 1938, and an institution for defectives for the purposes of those Acts;

• " the Act of 1946 " means the National Health Service Act, 1946;

• " workhouse " means a workhouse, as defined in the Poor Law Act, 1930, provided by a local authority.

(2)The question whether any premises fall within sub-paragraph (i) of paragraph 7 or sub-paragraph (1) of paragraph 8 of this Schedule shall be determined by agreement between the local authority and the Regional Hospital Board, or in default of agreement by the Minister of Health.

(3)In the application of this and the two last foregoing paragraphs to Scotland—

(a)for sub-paragraph (2) of paragraph 7 there shall be substituted the following sub-paragraph—

“(2)Where immediately before the appointed day any person was, by virtue of a sanction of the General Board of Control for Scotland under section four of the Lunacy (Scotland) Act, 1862, or of a removal or transfer authorised under section sixteen of the said Act, detained in the lunatic ward of a poorhouse within the meaning of the said Act, and the poorhouse as a whole was mainly being used for purposes other than hospital purposes,

(i)the ward shall be deemed, until the time determined under head (a) of that sub-paragraph to be a mental hospital for the purposes of the Lunacy (Scotland) Acts, 1857 to 1913; and

(ii)the sanction shall have effect as if it were an order granted on the appointed day by the sheriff under section fourteen of the aforesaid Act of 1862 for the reception into and detention in the premises of the said person;”

(b)paragraph 9 shall have effect as if at the end of the definition in sub-paragraph (1) of the expression " hospital purposes " there were added the following words " and includes the, purposes for which the lunatic ward of a poorhouse licensed under section three of the Lunacy (Scotland) Act, 1862 is used ";

(c)for references to the Act of 1946 and to sections sixty-eight and seventy-nine thereof there shall be respectively substituted references to the National Health Service (Scotland) Act, 1947, and to sections sixty-seven and eighty thereof.

10(1)Where immediately before the appointed day a person was receiving relief in a workhouse within the meaning of the Poor Law Act, 1930, then, if he is in need of accommodation under Part III of this Act, the authority liable to provide the accommodation shall, so long as the need continues, be the authority by which the relief was given.

(2)If immediately before the appointed day the cost of the relief referred to in the last foregoing sub-paragraph was recoverable from another authority, the authority giving relief shall have the like right to recover from the other authority the cost of any accommodation provided by virtue only of the last foregoing sub-paragraph.

(3)In respect of accommodation provided as aforesaid an authority 6hall be entitled to recover cost from another authority in accordance with the last foregoing sub-paragraph and not otherwise, but nothing in this paragraph shall affect any right of recovery from any other person.

(4)References in the foregoing provisions of this paragraph to the authority giving relief shall be construed, where the authority to whom application for relief was made and the authority managing the workhouse were not the same, as references to the authority to whom the application was made.

11Where immediately before the appointed day a person was being maintained, in pursuance of an arrangement made by an authority in the exercise of functions under the Poor Law Act, 1930, in premises not managed by a local authority, that arrangement shall for the purposes of section twenty-six of this Act be deemed, so far as it relates to the said person and until he ceases to be maintained in the premises, to be an arrangement under subsection (1) thereof, notwithstanding that the premises are not managed by a voluntary organisation.

12Any property, right or liability which immediately before the appointed day was vested in a joint committee established by an order under section three of the Poor Law Act, 1930 (which provides for the combination by an order of the Minister of Health, for the purposes named in the order, of the areas of councils of counties or county boroughs) shall on the appointed day vest jointly in the councils the areas of which were combined by virtue and for the purposes of the order.

13Section one hundred and fifty-one of the Local Government Act, 1933 (which provides for the adjustment, by agreement or otherwise, of certain matters between public bodies affected by an alteration of areas or authorities made by an order under Part VI of that Act) shall apply to councils of counties or county boroughs affected by the provisions of this Schedule as to the vesting on the appointed day of any property, right or liability as it applies to public bodies affected by such an alteration as aforesaid, with the substitution for the reference to the alteration made by an order under Part VI of that Act of a reference to the said provisions of this Schedule.

14Where immediately before the appointed day the fact that a person was living in any place was to be disregarded in determining, for the purposes of any enactment repealed by this Act, his residence or ordinary residence, that fact shall be disregarded in determining his ordinary residence for the purposes of this Act.

15Where any right of a local authority to recover any sum from another local authority depends upon the determination under the Poor Law Act, 1930, of any question as to settlement, removal or chargeability of any person pending at the appointed day, section one hundred and five of the said Act of 1930 (which provides for the recovery of the cost of relief by one council from another) shall continue to apply, but as if for proviso (b) to subsection (1) thereof (which excludes the provisions of that section where a removal order is refused on grounds of irremovability) there were substituted—

“(b)this section shall not apply where the person whose settlement is in question has acquired a status of irremovability in the area of the local authority seeking to recover the cost of his relief.”

16Where on the appointed day a local authority in Scotland hold as trustees any property wholly or mainly for the use or benefit of the poor (within the meaning of section fifty-two of the Poor Law (Scotland) Act, 1845) of the whole or any part of their area, they shall hold and apply the property or the income thereof to such charitable purposes for the use and benefit of the persons for whom it is the duty of the local authority to make provision or arrangements under Part III of this Act as the authority may think fit.

17(1)Where under section three of the Blind Persons Act, 1938, a council has recovered from another council (being a local authority within the meaning of Part III of this Act) expenditure in respect of assistance for any person provided during an appropriate quinquennial period as defined in the said section three, being a period current at the appointed day, subsection (5) of section twenty-nine and subsection (1) of section thirty-two of this Act shall not apply in relation to any expenditure which is specifically attributable to the provision', before the expiration of the said quinquennial period, of services provided under the said section twenty-nine for the said person as a blind person, but the local authority by which those services are so provided shall be entitled to recover the amount of any such expenditure from the council from which the expenditure under the said section three was recovered as aforesaid.

(2)Notwithstanding the repeal of the said Act of 1938 effected by this Act, subsection (2) of the said section three (which relates to the determination of disputes) shall apply in relation to this paragraph as it applies in relation to the said section three.

18Any appeal against a decision of a local pension committee under the Old Age Pensions Act, 1936, given before the appointed day shall be decided, and. the decision shall have effect, as if this Act had not been passed.

19(1)Notwithstanding anything in subsection (2) of section thirty-eight of the Interpretation Act, 1889 (which contains savings for vested rights and liabilities on the repeal of enactments), a person shall not by virtue of any enactment repealed by this Act be under any liability (whether under an order of the court or otherwise) as respects any period after the appointed day to maintain any person whom he is not liable to maintain for the purposes of this Act.

(2)Except as otherwise provided by the last foregoing sub-paragraph, any order of court or agreement made before the appointed day by virtue of which payments are required to be made to a local authority in respect of the relief or maintenance of any person while he remains chargeable to that authority under the existing poor law shall have effect, so long as accommodation is provided for him under Part III of this Act by that authority or he is in receipt of assistance under Part II of this Act, as if he were so chargeable.

(3)Where a local authority recover payments from any person under any such order or agreement as is mentioned in the last foregoing sub-paragraph, subsection (6) of section forty-three of this Act shall apply to payments recovered in respect of any period after the appointed day as it applies to payments recovered by the local authority under the said section forty-three.

20(1)For the purposes of any provision of this Schedule the expression " the appointed day " means such day appointed by the order under subsection (2) of section sixty-eight of this Act as may be specified in the order in relation to the provision in question.

(2)References in this Schedule to a workhouse within the meaning of the Poor Law Act, 1930, include, in relation to London, references to an asylum provided under section one hundred and twenty-three of that Act.

21The following provisions shall have effect for the purpose of the application of this Schedule to Scotland:—

(a)for references to the Minister of Health there shall be substituted references to the Secretary of State;

(b)for references to a county borough there shall be substituted references to a large burgh;

(c)for references to the Poor Law Act, 1930, there shall be substituted references to the enactments relating to the relief of the poor in Scotland, and the expression " workhouse " means poorhouse;

(d)any reference to the local authority by which a poorhouse was provided shall include a reference to a combination of local authorities;

(e)paragraphs 12, 13 and 15 shall not apply.

Section 62.

SEVENTH SCHEDULEEnactments Repealed.

PART I

The existing poor law.

PART II

The existing poor law in Scotland.

PART III

Other enactments repealed.