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Correction Of Meaning Of " Local Authority " In Part Iv Of The National Assistance Act 1948

Volume 984: debated on Thursday 15 May 1980

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"Section 195 of the Local Government Act 1972 (which amends existing enactments conferring social services functions, including the National Assistance Act 1948, so as to vest those functions in the authorities which are local authorities for the purposes of the Local Authority Social Services Act 1970) shall have effect, and be deemed always to have had effect, as if at the end of the section there were added the following subsection—

'(7) In section 64(1) of the National Assistance Act 1948 (interpretation), in the definition of " local authority", the words " county borough" shall be omitted and, after the word " district", there shall be inserted the words " or London borough or the Common Council of the City of London ".' "—[Dr. Vaughan.]

Brought up, and read the First time.

I beg to move, that the clause be read a Second time.

This is purely a technical clause to remedy a defect in the Local Government Act 1972. It was unintentional that that Act did not provide for references to the
" London borough or the Common Council of the City of London "
to continue to be included in the definition of a local authority in section 64(1) of the National Assistance Act 1948. The problem has come up now only as a result of consolidation of the 1948 Act, as amended in the Social Welfare (Local Services) Bill. I can give the House further details if hon. Members wish, but this short new clause will correct the position. I ask the House to accept it.

This new clause would appear to be a purely technical drafting device to overcome an oversight in previous amending legislation. We shall therefore not oppose it, and hope that it will be included as part of the Bill.

Question put and agreed to.

Clause read a Second time, and added to the Bill.