NHS and Community Care Act 1990

Schedule 9 para 24 (under s66) of this Act amends s12, s19, s23, s24, s32, s117, s139, s140 and s145 MHA 1983. Schedule 10 repeals s124 and partially repeals s135 MHA 1983.

Community Care

[Update this with reference to Care Act 2014.]

• Part III National Assistance Act 1948
• s45 Health Services and Public Health Act 1968
• s254 and sch 20 National Health Service Act 2006
• s117 Mental Health Act 1983

Needs assessment

[Update this with reference to Care Act 2014.] With an exception for urgent temporary provision prior to assessment, s47 states that:

[W] here it appears to a local authority that any person for whom they may provide or arrange for the provision of community care services may be in need of any such services, the authority:

(a) shall carry out an assessment of his needs for those services; and:

(b) having regard to the results of that assessment, shall then decide whether his needs call for the provision by them of any such services.

See:

• R (B) v Camden London Borough Council [2005] EWHC 1366 (Admin)
• R (NM) v LB Islington [2012] EWHC 414 (Admin), [2012] MHLO 11

The Act's introductory text

"An Act to make further provision about health authorities and other bodies constituted in accordance with the National Health Service Act 1977; to provide for the establishment of National Health Service trusts; to make further provision about the financing of the practices of medical practitioners; to amend Part VII of the Local Government (Scotland) Act 1973 and Part III of the Local Government Finance Act 1982; to amend the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978; to amend Part VIII of the Mental Health (Scotland) Act 1984; to make further provision concerning the provision of accommodation and other welfare services by local authorities and the powers of the Secretary of State as respects the social services functions of such authorities; to make provision for and in connection with the establishment of a Clinical Standards Advisory Group; to repeal the Health Services Act 1976; and for connected purposes."

Recommended book

• Luke Clements et al, Community Care and the Law (6th edn, LAG 2017)
• Other Books...

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Public General Act🔍

Year: 1990🔍

Number: 19

Subject: Legislation amending MHA 1983🔍 · Other useful legislation🔍

What links here:

• MHA 1983 s19
• MHA 1983 s23
• MHA 1983 s32
• MHA 1983 s124
• MHA 1983 s135
• MHA 1983 s139
• MHA 1983 s140
• MHA 1983 s145
• R (Woods) v Rochdale MBC [2009] EWHC 323 (Admin)
• Care Act 2014
• Luke Clements et al, Community Care and the Law (6th edn, LAG 2017)