Commentary on Sections Section 48 – Exception for provision of housing etc
182.Section 48 provides for other restrictions on how local authorities can meet an adult’s needs for care and support or provide preventative services under section 15.
183.In particular they are prohibited from doing anything which a local authority would be required to do under the Housing Act 1996. This means, for example, that a local authority cannot meet needs for the purposes of this Act by providing accommodation if they are required (or another local authority is required) to provide accommodation under its duties towards homeless people under the 1996 Act. This does not prevent local authorities, under this Act, from providing more specific services (such as housing adaptations), or from working jointly with housing authorities.
184.The Welsh Ministers also have the power to make regulations specifying other enactments, so that local authorities would not be able to do anything (for the purposes of their functions under sections 15 or 35 to 45) which a local authority would be required to do under the specified enactments.