Community Care (Residential Accommodation) Act 1992

Year1992


Community Care(ResidentialAccommodation) Act 1992

1992 CHAPTER 49

An Act to make further provision with respect to the making of arrangements under section 21 of the National Assistance Act 1948 for the provision of residential accommodation in premises managed by persons other than local authorities.

[16th July 1992]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Arrangements for provision of residential accommodation in premises managed by voluntary organisations etc.

1 Arrangements for provision of residential accommodation in premises managed by voluntary organisations etc.

(1) The following subsections shall be substituted for subsections (1) and (1A) of section 26 of the National Assistance Act 1948 (arrangements for provision of accommodation in premises maintained by voluntary organisations etc.) in place of those set out in section 42(2) of the National Health Service and Community Care Act 1990

(1) Subject to subsections (1A) and (1B) below, arrangements under section 21 of this Act may include arrangements made with a voluntary organisation or with any other person who is not a local authority where—

(a) that organisation or person manages premises which provide for reward accommodation falling within subsection (1) (a) or (aa) of that section, and

(b) the arrangements are for the provision of such accommodation in those premises.

(1A) Subject to subsection (1B) below, arrangements made with any voluntary organisation or other person by virtue of this section must, if they are for the provision of residential accommodation with both board and personal care for such persons as are mentioned in section 1(1) of the Registered Homes Act 1984 (requirement of registration), be arrangements for the provision of such accommodation in a residential care home which is managed by the organisation or person in question, being such a home in respect of which that organisation or person—

(a) is registered under Part I of that Act, or

(b) is not required to be so registered by virtue of section 1(4)(a) or (b) of that Act (certain small homes) or by virtue of the home being managed or provided by an exempt body;

and for this purpose ‘personal care’ and ‘residential care home’ have the same meaning as in that Part of that Act.

(1B) Arrangements made with any...

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