Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016

Type Welsh-Statutory-Instrument

Publication 2016-03-19

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

articles Not indexed

Reform history JSON API PDF

Made: 19 March 2016

Coming into force in accordance with Regulation 2

A draft of these Regulations was laid before the National Assembly for Wales under section 196(6) of that Act and has been approved by a resolution of the National Assembly for Wales.

Title

1

The title of these Regulations is the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016.

Commencement

2

(1) These Regulations come into force on 6 April 2016 subject to paragraphs (2) to (6).

(2) Regulation 140 comes into force on the day that section 85D of the Further and Higher Education Act 1992[^f00002] comes into force.

(3) Regulation 158 comes into force on the day that section 562J of the Education Act 1996[^f00003] comes into force.

(4) Regulation 235 comes into force on the day that section 93A of the Education and Inspections Act 2006[^f00004]comes into force.

(5) Regulation 253 comes into force on the day that the amendment to section 6 of the Safeguarding Vulnerable Groups Act 2006[^f00005] made by paragraph 8 of Schedule 14 to the Health and Social Care Act 2008[^f00006] comes into force.

(6) Regulations 322 and 323 come into force immediately after the amendment to the Social Services and Well-being (Wales) Act 2014, which inserts into that Act, Schedule A1 (Direct Payments: After-care Under the Mental Health Act 1983), made by paragraph 1 of Part 2 of Schedule 4 to the Care Act 2014[^f00007], comes into force.

Children and Young Persons Act 1933 (c. 12)

3

The Children and Young Persons Act 1933 is amended as follows.

4

In section 34(7A)[^f00008] (attendance at court of parent of child or young person charged with an offence etc.) after “Children Act 1989” insert “or section 76 of the Social Services and Well-being (Wales) Act 2014”.

5

In section 34A[^f00009] (attendance at court of parent or guardian) in subsection (2)(b) after “1970” insert “or the Social Services and Well-being (Wales) Act 2014”.

National Assistance Act 1948 (c. 29)

6

The National Assistance Act 1948 is amended as follows.

7

In section 1(replacement of application of poor law by certain provisions of the Act), omit the words from the first “and” to the end.

8

Omit Part 3.

9

(1) Omit Part 4 except sections 49 and 68.

(2) In section 49[^f00010] (expenses of council officers acting as receivers) for “any such council as is referred to in section 48(4) of this Act, other than one in Wales,” substitute “a county council in England, a district council for an area in England for which there is no county council, a London borough council or the Common Council of the City of London,”.

Disabled Persons (Employment) Act 1958 (c. 33)

10

The Disabled Persons (Employment) Act 1958 is amended as follows.

11

In section 3 (provision of sheltered employment by local authorities)—

(a) in subsection (1), after the words “A local authority” insert “in England or Scotland”;

(b) in subsection (2)[^f00011], omit “section twenty-nine of the National Assistance Act 1948 or under paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006, or”;

12

Omit the Schedule.

Health Services and Public Health Act 1968 (c. 46)

13

The Health Services and Public Health Act 1968 is amended as follows.

14

Omit section 45 (promotion by local authorities of the welfare of old people).

15

In section 63(8) (provision of instruction in certain activities connected with health or welfare), in the definition of “the relevant enactments”—

(a) in paragraph (a)[^f00013] after “2006” insert “or for the purposes of the Social Services and Well-being (Wales) Act 2014”;

(b) in paragraph (b)[^f00014]—

(i) omit “Part III of the National Assistance Act 1948”;

(ii) omit “section 45 of this Act and”;

(iii) after “2006 Acts” insert “and Part 4 of the Social Services and Well-being (Wales) Act 2014”.

16

In section 64 (financial assistance by Ministers to certain voluntary organisations), in subsection (3)(a)—

(a) omit sub-paragraph (iii);

(b) after sub-paragraph (xxii) insert—

(xxiii) section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;

17

In section 65 (financial assistance by local authorities to certain voluntary organisations), in subsection (3)(b)—

(a) omit sub-paragraph (iii);

(b) after sub-paragraph (xxii) insert—

(xxiii) section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;

Administration of Justice Act 1970 (c. 31)

18

In Schedule 8 of the Administration of Justice Act 1970 (maintenance orders for the purposes of Part 2 of the Act and the 1958 Act), in paragraph 6(a) after “Children Act 1989” insert “or under paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014”.

19

The Local Authority Social Services Act 1970 is amended as follows.

20

In section 1[^f00015] (local authorities)—

(a) for “the councils of non-metropolitan counties, metropolitan districts and London boroughs” substitute “the councils of non-metropolitan counties and metropolitan districts in England, the councils of London boroughs”;

(b) omit from “but, in relation to Wales” to the end.

21

In section 6 (director of social services)—

(a) in subsection (A1)[^f00016] omit “in England”;

(b) omit subsection (1);

22

In section 13 (orders and regulations), omit subsection (5).

23

The amendments made by these Regulations to section 1 of the Local Authority Social Services Act 1970 do not affect the operation of any order under section 9(1) of that Act made before the coming into force of those amendments.

24

In Schedule 1[^f00018]—

(a) omit the entries relating to the National Assistance Act 1948, except the entry relating to section 49 of that Act;

(b) in the entry relating to the Health Visiting and Social Work (Training) Act 1962[^f00019] omit “, and as extended by section 45(9) of the Health Services and Public Health Act 1968 (c. 46)”;

(d) omit the entry relating to the Social Work (Scotland) Act 1968[^f00020];

(e) omit the entry relating to the Children Act 1975[^f00021];

(f) omit the entry relating to the Supplementary Benefits Act 1976[^f00022];

(g) omit the entry relating to the Health and Social Services and Social Security Adjudications Act 1983[^f00023];

(h) in the entry relating to the Disabled Persons (Services, Consultation and Representation) Act 1986[^f00024]—

(i) for “1 to 4” substitute “1, 2 and 4”;

(ii) for “, 7 and 8” substitute “and 7”;

(i) in the entry relating to the National Health Service and Community Care Act 1990[^f00025], omit—

Section 46	Preparation of plans for community care services

(j) omit the reference to the Carers and Disabled Children Act 2000[^f00026];

(k) in the entry relating to the Community Care (Delayed Discharges etc.) Act 2003[^f00027], omit—

Part 2	Functions imposed by regulations relating to eligibility for free provision of personal care to persons living at home.

(l) omit the entry relating to Carers (Equal Opportunities) Act 2004[^f00028];

(m) in Column 1 of the entry relating to the Children Act 2004[^f00029] for “, 13 to 16 and 31 to 34” substitute “and 13 to 16”;

(n) omit the entry relating to the National Health Service (Wales) Act 2006[^f00030];

(o) omit the entry relating to the Children and Families (Wales) Measure 2010[^f00031];

(p) omit the entry relating to the Social Care Charges (Wales) Measure 2010[^f00032];

(q) omit the entry relating to the Carers Strategies (Wales) Measure 2010[^f00033];

(r) omit the entry relating to the Mental Health (Wales) Measure 2010[^f00034].

Chronically Sick and Disabled Persons Act 1970 (c. 44)

25

The Chronically Sick and Disabled Persons Act 1970 is amended as follows.

26

In section 1 (information as to need for and existence of welfare services), omit subsections (1) and (2).

27

In section 2 (provision of welfare services) omit subsection (1).

28

Omit section 28A (application of Act to authorities having functions under the Children Act 1989).

Attachment of Earnings Act 1971 (c. 32)

29

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies), in paragraph 7[^f00035] after “Children Act 1989” insert “, paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014,”.

Local Government Act 1972 (c. 70)

30

In section 112 of the Local Government Act 1972 (appointment of staff), in subsection (4)(g) at the end insert “or section 144 of the Social Services and Well-being (Wales) Act 2014”.

Land Compensation Act 1973 (c. 26)

31

In section 38 of the Land Compensation Act 1973 (amount of disturbance payment for persons who do not have compensatable interests), in subsection (3), in paragraph (a)[^f00036], for “section 29 of the National Assistance Act 1948” substitute “Part 4 of the Social Services and Well-being (Wales) Act 2014”.

Reserve Forces Act 1980 (c. 9)

32

Schedule 2 to the Reserve Forces Act 1980 (army and air-force pensioners and other former soldiers not liable to be recalled for service) is amended as follows—

(a) in paragraph 2A[^f00037] after “2014” insert “or section 18(1) of the Social Services and Well-being (Wales) Act 2014”;

(b) omit paragraph 3(a).

Magistrates’ Court Act 1980 (c. 43)

33

In section 62(5)(a) of the Magistrates’ Court Act 1980[^f00038] (provisions as to payments required to be made to a child etc.) after “Children Act 1989” insert “or section 74 of the Social Services and Well-being (Wales) Act 2014”.

Senior Courts Act 1981 (c. 54)

34

In Schedule 1 to the Senior Courts Act 1981 (distribution of business in High Court) in paragraph 3 after sub-paragraph (eb) insert—

(ec) proceedings under Part 6 of the Social Services and Well-being (Wales) Act 2014;

Mental Health Act 1983 (c. 20)

35

The Mental Health Act 1983 is amended as follows.

36

In section 117B[^f00039] (after-care: exception for provision of nursing care), in subsection (1) omit “in England”.

37

In section 135[^f00040] (warrant to search for and remove patients to place of safety), in subsection (6) for “Part III of the National Assistance Act 1948” substitute “Part 4 of the Social Services and Well-being (Wales) Act 2014”.

38

The Health and Social Services and Social Security Adjudications Act 1983 is amended as follows.

39

In section 17 (charges for local authority services in England and Wales)—

(a) omit subsections (2A)[^f00041] and (5);

(b) in paragraph (a) of subsection (3) omit “or a service within subsection (2A)[^f00042]”;

40

In section 22 (arrears of contributions charged on interest in land in England and Wales)—

(a) after subsection (2B)[^f00043] insert—

(2C) A local authority in Wales may not create, or be required by directions under subsection (2A) to create, a charge under this section on or after the day on which section 2 of the Social Services and Well-being (Wales) Act 2014 came into force.

(b) after subsection (3A)[^f00044] insert—

(3B) Subject to subsection (5) below, a charge under this section created by a local authority in Wales shall be in respect of any amount which is outstanding from time to time and is— (a) assessed as due to be paid by the person to the authority for the Part III accommodation, or (b) due by the person to the authority under Part 5 of the Social Services and Well-being (Wales) Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation.

Public Health (Control of Disease) Act 1984 (c. 22)

41

In section 46 of the Public Health (Control of Disease) Act 1984 (burial and cremation), for subsection (2)[^f00046] substitute—

(2) Any council which is the local authority for the purposes of the Local Authority Social Services Act 1970 may cause to be buried or cremated the body of any deceased person who immediately before his death was being provided with accommodation under Part 1 of the Care Act 2014. (2A) A local authority within the meaning of the Social Services and Well-being (Wales) Act 2014 may cause to be buried or cremated the body of any deceased person who immediately before his death was being provided with accommodation under Part 4 of that Act.

Matrimonial and Family Proceedings Act 1984 (c. 42)

42

In section 31L(8)(a)(i) of the Matrimonial and Family Proceedings Act 1984[^f00047] (enforcement) after “Children Act 1989” insert “or section 74 of the Social Services and Well-being (Wales) Act 2014”.

Transport Act 1985 (c. 67)

43

The Transport Act 1985 is amended as follows.

44

In section 104 (travel concessions) in subsection (2)(b)[^f00048], for paragraph (ii) substitute—

(ii) by any local authority within the meaning of the Social Services and Well-being (Wales) Act 2014 in the discharge of their functions under Part 4 of that Act (meeting needs).

45

In section 137(1) (general interpretation), in the definition of “social services functions” at the end insert “or the Social Services and Well-being (Wales) Act 2014”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

46

The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

47

In section 2(5) (rights of authorised representatives of disabled persons)—

(a) in paragraph (b)[^f00049], for “Part III of the 1948 Act or Part 1 of the Care Act 2014” substitute “Part 1 of the Care Act 2014 or Part 4 of the Social Services and Well-being (Wales) Act 2014”;

(b) in paragraph (bb)[^f00050] after “Part III of the Children Act 1989” insert “, or under Part 6 of the Social Services and Well-being (Wales) Act 2014”;

(c) in paragraph (c)[^f00051], for “section 26 of the 1948 Act or Part 1 of the Care Act 2014” substitute “Part 1 of the Care Act 2014 or, in Wales, in compliance with a local authority’s duty to meet the needs of the disabled person pursuant to Part 4 of the Social Services and Well-being (Wales) Act 2014”; and

(d) in paragraph (cc)[^f00052] after “under section 17 of the Children Act 1989” insert “, or under Part 4 of the Social Services and Well-being (Wales) Act 2014”.

48

In section 3 (assessment by local authorities in Wales or Scotland of needs of disabled persons)—

(a) in subsection (1)[^f00053] omit “Wales or”;

(b) in the heading to the section[^f00054] omit “Wales or”.

49

In section 4[^f00055] (services under section 2 of the Chronically Sick and Disabled Persons Act 1970: duty to consider needs of disabled persons)—

(a) in subsection (1)—

(i) after “local authority” insert “in England”;

(ii) for “section 2(1) or (4)” substitute “section 2(4)”;

(b) in subsection (2) omit “In the case of a local authority in England”.

50

In section 8 (duty of local authority in Wales or Scotland to take into account abilities of carer)—

(a) in subsection (1)(b)[^f00056] omit “Wales or”;

(b) in the heading to the section[^f00057] omit “Wales or”.

51

In section 16(1) (interpretation)

(a) in the definition of “disabled person”, for paragraph (a)[^f00058] substitute—

(a) in relation to Wales means a person who is disabled within the meaning of section 3 of the Social Services and Well-being (Wales) Act 2014; and

(b) in the definition of “local authority”—

(i) after “1970” insert “or the Social Services and Well-being (Wales) Act 2014”;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.