Health and Social Care Act 2001 (c. 15)

(The document as of February, 2008)

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Chapter 2 Changes to existing arrangements

England and Wales

42 Dispensing of NHS prescriptions and provision of pharmaceutical services

(1) For section 41 of the 1977 Act (arrangements for pharmaceutical services) there shall be substituted--

" 41 Arrangements for pharmaceutical services

(1) It is the duty of every Health Authority, in accordance with regulations which shall be made for the purpose, to arrange as respects their area for the provision to persons who are in that area of--

(a) proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown;

(b) proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of--

(i) his functions in the health service, the Scottish health service or the Northern Ireland health service (other than functions exercised in pursuance of the provision of services mentioned in paragraph (c)); or

(ii) his functions in the armed forces of the Crown;

(c) listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision of general dental services or equivalent services in the Scottish health service or the Northern Ireland health service;

(d) such drugs and medicines and such listed appliances as may be determined by the Secretary of State for the purposes of this paragraph which are ordered for those persons by a prescribed description of person in accordance with such conditions, if any, as may be prescribed, in pursuance of functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown; and

(e) such other services as may be prescribed.

(2) The services provided under this section are, together with additional pharmaceutical services provided in accordance with a direction under section 41A, referred to in this Act as "pharmaceutical services".

(3) The descriptions of persons which may be prescribed for the purposes of subsection (1)(d) are the following, or any sub-category of such a description--

(a) persons who are registered by any board established under the Professions Supplementary to Medicine Act 1960 (c. 66);

(b) persons who are registered pharmacists;

(c) persons whose names are entered in a roll or record established by the General Dental Council by virtue of section 45 of the Dentists Act 1984 (c. 24) (dental auxiliaries);

(d) persons who are ophthalmic opticians;

(e) persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21);

(f) persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17);

(g) persons who are registered in the register of qualified nurses, midwives and health visitors maintained under section 7 of the Nurses, Midwives and Health Visitors Act 1997 (c. 24);

(h) persons who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8);

(i) any other description of persons which appears to the Secretary of State to be a description of persons whose profession is regulated by or under a provision of, or made under, an Act of the Scottish Parliament or Northern Ireland legislation and which the Secretary of State considers it appropriate to specify.

(4) A determination under subsection (1)(d) may--

(a) make different provision for different cases;

(b) provide for the circumstances or cases in which a drug, medicine or appliance may be ordered;

(c) provide that persons falling within a description specified in the determination may exercise discretion in accordance with any provision made by the determination in ordering drugs, medicines and listed appliances.

(5) The arrangements which may be made by a Health Authority under subsection (1) include arrangements for the provision of a service by means such that the person receiving it does so otherwise than at the premises from which it is provided.

(6) Where a person with whom a Health Authority makes arrangements under subsection (1) wishes to provide services to persons outside the area of the Health Authority, he may, subject to any provision made by regulations in respect of arrangements under this section, provide such services under the arrangements.

(7) In this section--

"armed forces of the Crown" does not include forces of a Commonwealth country or forces raised in a colony;
"listed" means included in a list for the time being approved by the Secretary of State for the purposes of this section; and
"the Scottish health service" and "the Northern Ireland health service" mean respectively the health service established in pursuance of the National Health Service (Scotland) Act 1947 (c. 27) or any service provided in pursuance of Article 4(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)). "

(2) In section 43 of the 1977 Act (persons authorised to provide pharmaceutical services), in subsection (3), for "section 41(d)" there shall be substituted "section 41(1)(e)".

43 Remote provision of pharmaceutical, etc. services

(1) In section 41A of the 1977 Act (additional pharmaceutical services)--

(a) in subsection (1)(a), for "in their area" there shall be substituted "within or outside their area";

(b) after subsection (1) there shall be inserted--

" (1A) Directions under this section may require or authorise a Health Authority to arrange for the provision of a service by means such that the person receiving it does so otherwise than at the premises from which it is provided (whether those premises are inside or outside the area of the Health Authority). "

(2) In section 42 of that Act (regulations as to pharmaceutical services), in subsection (1), for the words from "enable persons" to the end of the subsection there shall be substituted--

" (a) enable persons for whom drugs, medicines or appliances mentioned in that section are ordered as there mentioned to receive them from persons with whom such arrangements have been made; and

(b) ensure the provision of services prescribed under subsection (1)(e) of that section by persons with whom such arrangements have been made. "

(3) In subsection (2)(c) of that section, after "prescribed cases" there shall be inserted "(which may, in particular, include cases of applications for the provision only of services falling within subsection (3A) below)".

(4) After subsection (3) of that section there shall be inserted--

" (3A) A service falls within this subsection if the means of providing it is such that the person receiving it does so otherwise than at the premises from which it is provided.

(3B) The regulations may, in respect of services falling within subsection (3A) above, include provision--

(a) requiring persons to be approved for the purposes of providing such services, by the Secretary of State or such other person as may be specified in the regulations, in accordance with criteria to be specified in or determined under the regulations (whether by the Secretary of State or by another person so specified);

(b) requiring the Health Authority to make the grant of an application subject to prescribed conditions. "

(5) In section 43(2A) of the 1977 Act (list of medical practitioners providing drugs, etc.) for "in the Authority's area" there shall be substituted "under arrangements with the Authority".

(6) In section 44(1) of the 1977 Act (local representative committees), in paragraph (d), after "pharmaceutical services" there shall be inserted "from premises".

Scotland

44 Dispensing of NHS prescriptions

(1) Section 27 of the National Health Service (Scotland) Act 1978 (c. 29) (arrangements for provision of pharmaceutical services) shall be amended as follows.

(2) In subsection (1), in paragraph (cc)--

(a) for "listed drugs and medicines and listed appliances" there shall be substituted "such drugs and medicines and such listed appliances as may be determined by the Scottish Ministers for the purposes of this paragraph"; and

(b) for "registered nurse, midwife or health visitor" there shall be substituted "person in accordance with such conditions, if any, as may be prescribed,".

(3) After that subsection there shall be inserted--

" (1A) The descriptions of persons which may be prescribed for the purposes of subsection (1)(cc) are the following, or any sub-category of such a description--

(a) persons who are registered by any board established under the Professions Supplementary to Medicine Act 1960 (c. 66);

(b) persons who are registered pharmacists;

(c) persons whose names are entered in a roll or record established by the General Dental Council by virtue of section 45 of the Dentists Act 1984 (c. 24) (dental auxiliaries);

(d) persons who are ophthalmic opticians;

(e) persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21);

(f) persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17);

(g) persons who are registered in the register of qualified nurses, midwives and health visitors maintained under section 7 of the Nurses, Midwives and Health Visitors Act 1997 (c. 24);

(h) persons who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8);

(i) any other description of persons which appears to the Scottish Ministers to be a description of persons whose profession is regulated by or under a provision of, or made under, Northern Ireland legislation and which the Scottish Ministers consider it appropriate to specify.

(1B) A determination under subsection (1)(cc) may--

(a) make different provision for different cases;

(b) provide for the circumstances or cases in which a drug, medicine or appliance may be ordered;

Part 3 Care Trusts and Partnership Arrangements

45 Care Trusts

(1) Where--

(a) a Primary Care Trust or an NHS trust is, or is to be, a party to any existing or proposed LA delegation arrangements, and

(b) the relevant authority is of the opinion that designation of the trust as a Care Trust would be likely to promote the effective exercise by the trust of prescribed health-related functions of a local authority (in accordance with the arrangements) in conjunction with prescribed NHS functions of the trust,

the relevant authority may designate the trust as a Care Trust.

(2) A trust may, however, only be so designated in pursuance of an application made to the relevant authority jointly by every prescribed body.

(3) If--

(a) the relevant authority is of the opinion that it would be appropriate to do so, and

(b) the application under subsection (2) requests the authority to do so,

the authority may when designating a trust as a Care Trust direct that, while it is so designated, the trust may (in addition to exercising health-related functions of the local authority as mentioned in subsection (1)(b)) exercise such prescribed health-related functions of the local authority as are specified in the direction in relation to persons in any area so specified, even though it does not exercise any NHS functions in relation to persons in that area.

(4) Where a body is designated as a Care Trust under this section--

(a) its designation may be revoked by the relevant authority at any time--

(i) of the authority's own motion, and

(ii) after such consultation as the authority considers appropriate;

(b) if an application for the revocation of its designation is made to the relevant authority by one or more of the parties to the LA delegation arrangements, its designation shall be revoked by the relevant authority at the earliest time at which the authority considers it practicable to do so, having regard, in particular, to any steps that need to be taken in relation to those arrangements in connection with the revocation.

(5) The designation of a body as a Care Trust under this section shall be effected by an order under section 16A of the 1977 Act or section 5(1) of the 1990 Act (as the case may be) which--

(a) (in the case of an existing body) amends the order establishing the body so as to change its name to one that includes the words "Care Trust", or

(b) (in the case of a new body) establishes the body with a name that includes those words;

and any revocation of its designation shall be effected by a further order under that provision which makes such provision for changing the name of the body as the relevant authority considers expedient.

(6) The power of the relevant authority to dissolve a Primary Care Trust or an NHS trust shall include power to dissolve such a trust where the authority is of the opinion that it is appropriate to do so in connection with the designation of any other such body (whether existing or otherwise) as a Care Trust.

(7) Regulations may make such incidental, supplementary or consequential provision (including provision amending, repealing or revoking enactments) as the relevant authority considers expedient in connection with the preceding provisions of this section.

(8) Regulations under subsection (7) may, in particular, make provision--

(a) prescribing--

(i) the manner and circumstances in which, and

(ii) any conditions which must be satisfied before,

an application may be made for a body to be designated as a Care Trust under this section, or to cease to be so designated, and the information to be supplied with such an application;

(b) enabling the relevant authority to terminate appointments of persons as members of a Primary Care Trust or of the board of directors of an NHS trust (or of a committee of such a trust) where the authority is of the opinion that it is appropriate to do so in connection with the designation of the trust as a Care Trust;

(c) requiring the consent of the relevant authority to be obtained before any prescribed change is made with respect to the governance of a body so designated;

(d) for supplementing or modifying, in connection with the operation of subsection (3), any provision made by regulations under section 31 of the Health Act 1999 (c. 8) (partnership arrangements between NHS bodies and local authorities).

(9) The designation of a body as a Care Trust under this section shall not affect any of the functions, rights or liabilities of that body in its capacity as a Primary Care Trust or NHS trust (as the case may be).

(10) In connection with the exercise by a body so designated of any relevant social services functions under LA delegation arrangements--

(a) section 7 of the Local Authority Social Services Act 1970 (c. 42) (authorities to exercise social services functions under guidance of Secretary of State), and

(b) section 7A of that Act (directions of Secretary of State as to exercise of such functions),

shall apply to the body as if it were a local authority within the meaning of that Act.

(11) In this section--

"health-related functions" and "local authority" have the same meaning as in section 31 of the Health Act 1999;
"LA delegation arrangements" means arrangements falling within section 31(2)(b) of the Health Act 1999 (c. 8), whether or not made in conjunction with any pooled fund arrangements;
"NHS functions" means functions exercisable by a Primary Care Trust or NHS trust in its capacity as such;
"pooled fund arrangements" means arrangements falling within section 31(2)(a) of the Health Act 1999;
"prescribed" means prescribed to any extent by regulations;
"relevant social services functions" means health-related functions which are social services functions within the meaning of the Local Authority Social Services Act 1970 (c. 42).

46 Directed partnership arrangements

(1) If the relevant authority is of the opinion--

(a) that a body to which this section applies ("the failing body") is not exercising any of its functions adequately, and

(b) that it would be likely to lead to an improvement in the way in which that function is exercised if it were to be exercised--

(i) by another body to which this section applies under delegation arrangements, or

(ii) in accordance with pooled fund arrangements made with another such body,

the relevant authority may direct those bodies to enter into such delegation arrangements or pooled fund arrangements in relation to the exercise of the appropriate function or functions as are specified in the direction.

(2) In subsection (1) "the appropriate function or functions" means--

(a) the function of the failing body mentioned in that subsection; and

(b) such other function of that body (if any) as the relevant authority considers would, if exercised under or in accordance with the arrangements in question, be likely to contribute to an improvement in the exercise of the function referred to in paragraph (a).

(3) The bodies to which this section applies are--

(a) NHS bodies, and

(b) local authorities,

but in subsections (1) and (2) any reference to functions is, in relation to a local authority, a reference only to relevant social services functions of the authority.

(4) In this section any reference to an improvement in the way in which any function is exercised includes an improvement in the provision to any individuals of any services to which that function relates.

(5) In this section--

"delegation arrangements" means arrangements falling within section 31(2)(b) or (c) of the Health Act 1999, whether or not made in conjunction with any pooled fund arrangements;
"health-related functions" and "local authority" have the same meaning as in section 31 of the Health Act 1999;
"NHS body" means a Health Authority, Primary Care Trust or NHS trust;
"pooled fund arrangements" means arrangements falling within section 31(2)(a) of the Health Act 1999;
"relevant social services functions" means health-related functions which are social services functions within the meaning of the Local Authority Social Services Act 1970 (c. 42).

47 Further provisions about directions in connection with directed partnership arrangements and Care Trusts

(1) A direction given under section 46(1) (a "principal direction") may make provision with respect to--

(a) any of the matters with respect to which provision is required to be made by the specified arrangements by virtue of regulations under section 31 of the Health Act 1999 (c. 8); and

(b) such other matters as the relevant authority considers appropriate.

(2) Without prejudice to the generality of subsection (1), the relevant authority may (either in a principal direction or in any subsequent direction) make provision--

(a) for the determination, whether--

(i) by agreement, or

(ii) (in default of agreement) by the relevant authority or an arbitrator appointed by the authority,

of the amount of any payments which need to be made by one body to another for the purposes of the effective operation of the specified arrangements, and for the variation of any such determination;

(b) specifying the manner in which the amount of any such payments is to be so determined (or varied);

(c) requiring a body specified in the direction to supply to the relevant authority or an arbitrator, for the purpose of enabling any such amount to be so determined (or varied), such information or documents as may be so specified;

(d) requiring any amount so determined (or varied) to be paid by and to such bodies as are specified in the direction;

(e) requiring capital assets specified in the direction to be made available by and to such bodies as are so specified.

(3) The relevant authority may, when giving a principal direction to any bodies to which section 46 applies, give such directions to any other such body as the authority considers appropriate for or in connection with securing that full effect is given to the principal direction.

(4) Before giving a principal direction to any bodies to which section 46 applies, the relevant authority may--

(a) direct either or both of the bodies in question to take such steps specified in the direction, or

(b) give such other directions,

as the authority considers appropriate with a view to enabling the authority to determine whether the principal direction should be given.

(5) Any direction given under any provision of section 45 or 46 or this section--

(a) must be given in writing; and

(b) may be varied or revoked by a subsequent direction under that provision.

(6) It is the duty of any body to which any such direction is given to comply with the direction.

(7) The revocation of a principal direction shall not affect the continued operation of the specified arrangements.

(8) In this section "the specified arrangements", in relation to a principal direction, means the arrangements specified in the direction in pursuance of section 46(1).

48 Transfer of staff in connection with partnership arrangements

(1) The Health Act 1999 (c. 8) shall be amended as follows.

(2) At the end of section 31 (arrangements between NHS bodies and local authorities) there shall be added--

" (9) Schedule 2A makes provision with respect to the transfer of staff in connection with arrangements made by virtue of this section. "

(3) In section 62 (regulations and orders), at the end of subsection (1) there shall be inserted ", unless it is an order under paragraph 2 of Schedule 2A."

(4) The Schedule set out in Schedule 4 to this Act shall be inserted in the Health Act 1999 as Schedule 2A to that Act.

Part 4 Social Care

Nursing care

49 Exclusion of nursing care from community care services

(1) Nothing in the enactments relating to the provision of community care services shall authorise or require a local authority, in or in connection with the provision of any such services, to--

(a) provide for any person, or

(b) arrange for any person to be provided with,

nursing care by a registered nurse.

(2) In this section "nursing care by a registered nurse" means any services provided by a registered nurse and involving--

(a) the provision of care, or

(b) the planning, supervision or delegation of the provision of care,

other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a registered nurse.

Preserved rights

50 Preserved rights: transfer to local authorities of responsibilities as to accommodation

(1) The following provisions, namely--

(a) section 26A of the National Assistance Act 1948 (c. 29) (which prevents local authorities in England or Wales providing residential accommodation for persons who were in such accommodation on 31st March 1993), and

(b) section 86A of the Social Work (Scotland) Act 1968 (c. 49) (which makes corresponding provision for Scotland),

shall cease to have effect on the appointed day.

(2) For the purposes of this section a "qualifying person" is--

(a) (in relation to any time before the appointed day) a person to whom section 26A(1) or section 86A(1) applies; or

(b) (in relation to any later time) a person to whom either of those sections applied immediately before that day.

(3) Where a qualifying person is immediately before the appointed day ordinarily resident in relevant premises in the area of a local authority ("the responsible authority"), that authority shall secure that--

(a) as from that day, or

(b) as soon thereafter as is reasonably practicable,

the person is provided with such community care services with respect to his accommodation as appear to the authority to be appropriate having regard to his needs as assessed under section 47(1)(a) of the 1990 Act (assessment of needs for community care services in England or Wales) or section 12A(1)(a) of the 1968 Act (corresponding provision for Scotland).

(4) Each local authority shall accordingly--

(a) use their best endeavours to identify every person ordinarily resident in relevant premises in their area who is a qualifying person; and

(b) carry out such a programme of assessments under section 47(1)(a) or 12A(1)(a) in respect of persons so identified as appears to the authority to be required for the purpose of enabling them to discharge their duty under subsection (3) in relation to such persons.

(5) Where a person--

(a) is a qualifying person immediately before the appointed day, and

(b) is provided by the responsible authority with any community care services with respect to his accommodation in accordance with subsection (3),

his existing arrangements shall, by virtue of this subsection, terminate on the date as from which he is provided with those services.

(6) Where any such person is not provided with any such services as from the appointed day, any liability of his to make any payment under his existing arrangements in respect of any period (or part of a period) falling within the period beginning with the appointed day and ending with--

(a) the date as from which he is provided with any such services, or

(b) the date on which he notifies (or is in accordance with regulations to be treated as notifying) the responsible authority that he does not wish to be provided with any such services,

shall instead be a liability of the responsible authority.

(7) However, the responsible authority may, in respect of any payment made by them in pursuance of subsection (6), recover from the person such amount (if any) as may be prescribed; and any such amount shall be so recoverable in accordance with section 56 of the 1948 Act as if it were an amount due to the authority under that Act.

(8) The provisions of subsections (3) to (7) do not apply, to such extent as may be prescribed, in relation to any person falling within any prescribed description of persons.

(9) Regulations may also--

(a) prescribe the circumstances in which persons are to be treated as ordinarily resident in any premises for the purposes of this section;

(b) for the purpose of prescribing any such amount as is mentioned in subsection (7), provide for any provision made by or under section 22 or 26 of the 1948 Act to apply with or without modifications.

(10) In this section--

"the appointed day" means the day appointed under section 70 for the coming into force of subsection (1);
"existing arrangements", in relation to a person, means the arrangements for the provision of accommodation in the relevant premises mentioned in subsection (3), together with any arrangements for the provision of any services or facilities in connection with that accommodation;
"prescribed" means prescribed by regulations;
"relevant premises"--
(a)
in relation to England or Wales, has the same meaning as in section 26A of the 1948 Act;
(b)
in relation to Scotland, has the same meaning as in section 86A of the 1968 Act.
"the responsible authority" shall be construed in accordance with subsection (3).

51 Preserved rights: disclosure of information

(1) For the purposes of this section a "claimant" is--

(a) (in relation to any time before the appointed day) a person who is ordinarily resident in relevant premises and has a preserved right by virtue of which enhanced payments are being made to or in respect of him by way of income support or jobseeker's allowance, or

(b) (in relation to any later time) a person who fell within paragraph (a) immediately before that day.

(2) Any information--

(a) held by, or by a person providing services to, the Secretary of State about a claimant, and

(b) relating to income support or jobseeker's allowance,

may be supplied, for qualifying purposes, to the local authority in whose area the relevant premises referred to in subsection (1) are situated or to any person providing services to, or authorised to exercise functions of, the authority.

(3) Where information relating to a claimant is supplied to any authority or person ("the recipient") in accordance with subsection (2), the information may be supplied by the recipient, for qualifying purposes--

(a) to any local authority appearing to the recipient to be providing the claimant with community care services with respect to his accommodation; or

(b) to any person providing services to, or authorised to exercise functions of, any such local authority.

(4) In subsections (2) and (3) "qualifying purposes", in relation to information relating to a claimant, means--

(a) purposes connected with the performance of functions under section 50 in relation to the claimant, or

(b) other purposes connected with the termination of his preserved right in consequence of section 52(1), or

(5) Where information relating to a particular person is supplied to any authority or person in accordance with subsection (2) or (3), section 123 of the Social Security Administration Act 1992 (c. 5) (unauthorised disclosure of information relating to particular persons) shall apply in relation to the disclosure of the information by--

(a) the recipient of the information, or

(b) any officer or employee of the recipient,

without lawful authority (within the meaning of that section) as it applies to any disclosure of information to which subsection (1) of that section applies.

(6) In this section--

"the appointed day", "ordinarily resident" and "relevant premises" have the same meaning as they have for the purposes of section 50;
"preserved right" means a preserved right within the meaning of the Income Support (General) Regulations 1987 (S.I. 1987/1967).

52 Preserved rights: alignment of social security benefits

(1) The Secretary of State shall so exercise his powers under--

(a) section 135(1) of the Social Security Contributions and Benefits Act 1992 (c. 4) (applicable amount in relation to income-related benefits), and

(b) section 4(5) of the Jobseekers Act 1995 (c. 18) (amount payable by way of jobseeker's allowance),

as to secure that any special provision made in exercise of those powers as respects income support or jobseeker's allowance payable to or in respect of persons who have preserved rights ceases to have effect on the appointed day.

(2) In this section--

"the appointed day" means the day appointed under section 70 for the coming into force of section 50(1);
"preserved rights" means preserved rights within the meaning of the Income Support (General) Regulations 1987.

Measures to increase availability of Part 3 accommodation

53 Disregarding of resources when determining need for residential accommodation

In section 21 of the 1948 Act (duties of local authorities to provide accommodation), for subsections (2A) and (2B) there shall be substituted--

" (2A) In determining for the purposes of paragraph (a) or (aa) of subsection (1) of this section whether care and attention are otherwise available to a person, a local authority shall disregard so much of the person's resources as may be specified in, or determined in accordance with, regulations made by the Secretary of State for the purposes of this subsection.

(2B) In subsection (2A) of this section the reference to a person's resources is a reference to his resources within the meaning of regulations made for the purposes of that subsection. "

54 Funding by resident etc. of more expensive accommodation

(1) Regulations may make provision for and in connection with the making, in respect of the provision of Part 3 accommodation, of additional payments--

(a) by persons for whom such accommodation is provided ("residents"); or

(b) by other persons (including persons liable to maintain residents by virtue of section 42 of the 1948 Act).

(2) In this section "additional payments", in relation to a resident, means payments which--

(a) are made for the purpose of meeting all or part of the difference between the actual cost of his Part 3 accommodation and the amount that the local authority providing it would usually expect to pay in order to provide Part 3 accommodation suitable for a person with the assessed needs of the resident; and

(b) (in the case of additional payments by the resident) are made out of such of his resources as may be specified in, or determined in accordance with, regulations under subsection (1);

and for this purpose "resources" has the meaning given by such regulations.

(3) In this Part "Part 3 accommodation" means accommodation provided under sections 21 to 26 of the 1948 Act.

55 Power for local authorities to take charges on land instead of contributions

(1) Where a person ("the resident")--

(a) is availing himself of Part 3 accommodation provided by a local authority, or is proposing to do so, and

(b) is liable, or would be liable, to pay for the accommodation (whether at the full standard rate determined in accordance with section 22(2) or 26(2) of the 1948 Act or at any lower rate),

the local authority may enter into a deferred payment agreement with the resident.

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