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NATIONAL ASSISTANCE ACT, 1948—Section 50.
The National Assistance Act, 1948, which came into force on
5th July, 1948, imposes upon the Local Authority duties which
were previously carried out by the London County Council under
public assistance.
Ministry of Health Circular 87/48 summarises the duties and
powers as follows:—
''92. Under Section 50, the powers of councils of counties
and county boroughs under the Poor Law Act in relation to the
burial of the dead are replaced by the duty which is placed on
the councils of county boroughs and county districts (in London,
on the sanitary authority) to arrange for the burial or cremation
of any person who has died or been found dead in their area.
This duty is exercisable only when it appears to the sanitary
authority that no other suitable arrangements have been or
are being made.
93. A power is also given to the council of a county or
county borough to bury or cremate the body of a person who
immediately before his death was living in accommodation
provided under Section 21 or in a hostel provided under
Section 29.
94. Local authorities will be eligible on and after 5th
July, 1949 to receive payments in respect of the cost of burial
or cremation under Section 22 of the National Insurance Act,
1946, and any expenses not re-imbursed in this way will be
recoverable from the estate of the deceased person or from any
liable relative.
95. Cremation must not be undertaken where the local
authority have reason to believe that it would be contrary
to the wishes of the deceased.''
The first request under the Act was made to the Public Health
Department on 8th July by the Rev. Mother Superior of St. Joseph's
Hospice, upon the advice of the Public Assistance Officer.
Since this was a matter of urgency and as the duty was, in
effect, one which had been transferred from the London County
Council, it was considered advisable to follow as nearly as possible
the London County Council's arrangements, employing the funeral
contractors who had held the London County Council's contract for
these burials. It was assumed that the London County Council had
thoroughly gone into the matter before awarding their contract, and