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Care BillPage 110

(b) power to provide for a person to exercise a discretion in dealing with a
matter.

(8) Before making regulations under section 52(12) (meaning of references to
business failure), the Secretary of State must consult the Welsh Ministers and
5the Department for Health, Social Services and Public Safety in Northern
Ireland.

124 General interpretation

In this Act—

125 25Commencement

(1) The provisions of Parts 1 to 3 come into force on such day as the Secretary of
State may by order appoint.

(2) The provisions of this Part come into force on the day on which this Act is
passed.

(3) 30Before making an order under this section bringing section 50 (provider
failure: temporary duty on local authority in Wales in cross-border cases) or 74
(after-care under the Mental Health Act 1983) into force, the Secretary of State
must obtain the consent of the Welsh Ministers.

(4) Before making an order under this section bringing section 51 (provider
35failure: temporary duty on Health and Social Care trusts in cross-border cases)
into force, the Secretary of State must obtain the consent of the Department for
Health, Social Services and Public Safety in Northern Ireland.

(5) Different days may be appointed under subsection (1) for different purposes
(including different areas).

126 40Extent and application

(1) This Act extends to England and Wales only, subject to subsections (2) and (3).

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(2) Any amendment, repeal or revocation made by this Act has the same extent as
the enactment being amended, repealed or revoked, other than the amendment
made by section 66(3) which extends to England and Wales only.

(3) The following also extend to Scotland and Northern Ireland—

(a) 5section 39(8) and Schedule 1 (cross-border placements);

(b) sections 49 to 52 (provider failure: temporary duty in relation to cross-
border cases);

(c) Chapter

2

10 of Part

3

(the HRA);

(d) section 117 (transfer orders), so far as relating to section 108 (the HRA);

(e) section 118 (Chapters

151

and

2

of Part

3

20: interpretation and
supplementary provision);

(f) this Part;

(g) paragraph 17 of Schedule 5 (arrangements between HEE and devolved
authorities) and section 95(2) so far as relating to that paragraph.

(4) 25The Secretary of State may by order provide that specified provisions of this
Act, in their application to the Isles of Scilly, have effect with such
modifications as may be specified.

127 Short title

(1) This Act may be cited as the Care Act 2014.

(2) 30Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

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SCHEDULES

Section 39

SCHEDULE 1 Cross-border placements

Placements from England to Wales, Scotland or Northern Ireland

1 (1) 5Where a local authority in England is meeting an adult’s needs for care and
support by arranging for the provision of accommodation in Wales, the
adult—

(a) is to be treated for the purposes of this Part as ordinarily resident in
the local authority’s area, and

(b) 10is accordingly not to be treated for the purposes of the Social Services
and Well-being (Wales) Act 2014 as ordinarily resident anywhere in
Wales.

(2) Where a local authority in England, in reliance on section 22(4), is making
arrangements which include the provision of accommodation in Wales,
15section 22(4) is to have effect as if for paragraph (a) there were substituted—

(a) the authority has obtained consent for it to arrange for the
provision of the nursing care from the Local Health Board for
the area in which the accommodation is provided,.

(3) Where a local authority in England is meeting an adult’s needs for care and
20support by arranging for the provision of accommodation in Scotland—

(a) the adult is to be treated for the purposes of this Part as ordinarily
resident in the local authority’s area, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or
sections 25 to 27 of the Mental Health (Care and Treatment)
25(Scotland) Act 2003 applies in the adult’s case.

(4) Where a local authority in England is meeting an adult’s needs for care and
support by arranging for the provision of accommodation in Northern
Ireland—

(a) the adult is to be treated for the purposes of this Part as ordinarily
30resident in the local authority’s area, and

(b) no duty under the Health and Personal Social Services (Northern
Ireland) Order 1972 or the Health and Social Care (Reform) Act
(Northern Ireland) 2009 to provide or secure the provision of
accommodation or other facilities applies in the adult’s case.

(5) 35Section 22 (prohibition on provision of health services) is to have effect—

(a) in its application to a case within sub-paragraph (1)—

(i) as if the references in subsections (1) and (6) to the National
Health Service Act 2006 included a reference to the National
Health Service (Wales) Act 2006, and

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(ii) as if the reference in subsection (6) to a clinical
commissioning group or the National Health Service
Commissioning Board included a reference to a Local Health
Board;

(b) 5in its application to a case within sub-paragraph (3)—

(i) as if the references in subsections (1) and (6) to the National
Health Service Act 2006 included a reference to the National
Health Service (Scotland) Act 1978, and

(ii) as if the reference in subsection (6) to a clinical
10commissioning group or the National Health Service
Commissioning Board included a reference to a Health Board
or Special Health Board;

(c) in its application to a case within sub-paragraph (4)—

(i) as if the references in subsections (1) and (6) to a service or
15facility provided under the National Health Service Act 2006
included a reference to health care provided under the
Health and Personal Social Services (Northern Ireland) Order
1972 or the Health and Social Care (Reform) Act (Northern
Ireland) 2009, and

(ii) 20as if the reference in subsection (6) to a clinical
commissioning group or the National Health Service
Commissioning Board included a reference to a Health and
Social Care trust.

(6) Regulations may make further provision in relation to arrangements of the
25kind referred to in this paragraph.

(7) The regulations may specify circumstances in which, in a case within sub-
paragraph (3), specified duties under Part 2 of the Social Work (Scotland)
Act 1968 are nonetheless to apply in the case of the adult concerned (and
paragraph (b) of that sub-paragraph is to be read accordingly).

30Placements from Wales to England, Scotland or Northern Ireland

2 (1) Where a local authority in Wales is discharging its duty under section 21 of
the Social Services and Well-being (Wales) Act 2014 by arranging for the
provision of accommodation in England, the adult concerned—

(a) is to be treated for the purposes of that Act as ordinarily resident in
35the local authority’s area, and

(b) is accordingly not to be treated for the purposes of this Part of this
Act as ordinarily resident anywhere in England.

(2) Where a local authority in Wales is arranging for the provision of
accommodation in England in the exercise of its power under section 22 of
40the Social Services and Well-being (Wales) Act 2014—

(a) the adult concerned is to be treated for the purposes of that Act—

(i) in a case where the adult was within the local authority’s area
immediately before being provided by the local authority
with accommodation in England, as remaining within that
45area;

(ii) in a case where the adult was outside but ordinarily resident
in the local authority’s area immediately before being
provided by the local authority with accommodation in

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England, as remaining outside but ordinarily resident in that
area, and

(b) the adult concerned is not to be treated for the purposes of this Part
of this Act as ordinarily resident anywhere in England (unless the
5adult was so ordinarily resident immediately before being provided
by the local authority with accommodation in England).

(3) Where a local authority in Wales is discharging its duty under section 21 of
the Social Services and Well-being (Wales) Act 2014 by arranging for the
provision of accommodation in Scotland—

(a) 10the adult is to be treated for the purposes of that Act as ordinarily
resident in the local authority’s area, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or
sections 25 to 27 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 applies in the adult’s case.

(4) 15Where a local authority in Wales is arranging for the provision of
accommodation in Scotland in the exercise of its power under section 22 of
the Social Services and Well-being (Wales) Act 2014—

(a) the adult concerned is to be treated for the purposes of that Act—

(i) in a case where the adult was within the local authority’s area
20immediately before being provided by the local authority
with accommodation in Scotland, as remaining within that
area;

(ii) in a case where the adult was outside but ordinarily resident
in the local authority’s area immediately before being
25provided by the local authority with accommodation in
Scotland, as remaining outside but ordinarily resident in that
area, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or
sections 25 to 27 of the Mental Health (Care and Treatment)
30(Scotland) Act 2003 applies in the adult’s case.

(5) But paragraph (b) of sub-paragraph (4) does not prevent a duty mentioned
in that paragraph from applying in the case of an adult who was ordinarily
resident in Scotland immediately before being provided by the local
authority with accommodation in Scotland.

(6) 35Where a local authority in Wales is discharging its duty under section 21 of
the Social Services and Well-being (Wales) Act 2014 by arranging for the
provision of accommodation in Northern Ireland—

(a) the adult is to be treated for the purposes of that Act as ordinarily
resident in the local authority’s area, and

(b) 40no duty under the Health and Personal Social Services (Northern
Ireland) Order 1972 or the Health and Social Care (Reform) Act
(Northern Ireland) 2009 to provide or secure the provision of
accommodation or other facilities applies in the adult’s case.

(7) Where a local authority in Wales is arranging for the provision of
45accommodation in Northern Ireland in the exercise of its power under
section 22 of the Social Services and Well-being (Wales) Act 2014—

(a) the adult concerned is to be treated for the purposes of that Act—

(i) in a case where the adult was within the local authority’s area
immediately before being provided by the local authority

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with accommodation in Northern Ireland, as remaining
within that area;

(ii) in a case where the adult was outside but ordinarily resident
in the local authority’s area immediately before being
5provided by the local authority with accommodation in
Northern Ireland, as remaining outside but ordinarily
resident in that area, and

(b) no duty under the Health and Personal Social Services (Northern
Ireland) Order 1972 or the Health and Social Care (Reform) Act
10(Northern Ireland) 2009 to provide or secure the provision of
accommodation or other facilities applies in the adult’s case.

(8) But paragraph (b) of sub-paragraph (7) does not prevent a duty mentioned
in that paragraph from applying in the case of an adult who was ordinarily
resident in Northern Ireland immediately before being provided by the local
15authority with accommodation in Northern Ireland.

(9) Regulations may make further provision in relation to arrangements of the
kind referred to in this paragraph.

(10) The regulations may specify circumstances in which, in a case within sub-
paragraph (3) or (4), specified duties under Part 2 of the Social Work
20(Scotland) Act 1968 are nonetheless to apply in the case of the adult
concerned (and paragraph (b) of each of those sub-paragraphs is to be read
accordingly).

Placements from Scotland to England, Wales or Northern Ireland

3 (1) Where a local authority in Scotland is discharging its duty under section 12
25or 13A of the Social Work (Scotland) Act 1968 or section 25 of the Mental
Health (Care and Treatment) (Scotland) Act 2003 by securing the provision
of accommodation in England, the adult in question is not to be treated for
the purposes of this Part of this Act as ordinarily resident anywhere in
England.

(2) 30Where a local authority in Scotland is discharging its duty under a provision
referred to in sub-paragraph (1) by securing the provision of
accommodation in Wales, the adult in question is not to be treated for the
purposes of the Social Services and Well-being (Wales) Act 2014 as
ordinarily resident anywhere in Wales.

(3) 35Where a local authority in Scotland is discharging its duty under a provision
referred to in sub-paragraph (1) by securing the provision of
accommodation in Northern Ireland, no duty under the Health and Personal
Social Services (Northern Ireland) Order 1972 or the Health and Social Care
(Reform) Act (Northern Ireland) 2009 to provide or secure the provision of
40accommodation or other facilities applies in the case of the adult in question.

(4) In section 5 of the Community Care and Health (Scotland) Act 2002 (local
authority arrangements for residential accommodation outside Scotland)—

(a) in subsection (1), after “the 1968 Act” insert “or under section 25 of
the Mental Health (Care and Treatment) (Scotland) Act 2003 (care
45and support)”,

(b) in subsection (2), for “such arrangements” substitute “persons for
whom such arrangements are made”, and

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(c) for subsections (5) and (6) substitute—

(5) In subsections (1) and (3) above, “appropriate establishment”
means an establishment of such description or conforming to
such requirements as may be specified in regulations under
5subsection (1).

(5) Regulations may make further provision in relation to arrangements of the
kind referred to in this paragraph.

Placements from Northern Ireland to England, Wales or Scotland

4 (1) Where there are arrangements under Article 15 of the Health and Personal
10Social Services (Northern Ireland) Order 1972 for the provision of
accommodation in England, the adult in question—

(a) is to be treated for the purposes of that Order and the Health and
Social Care (Reform) Act (Northern Ireland) 2009 as ordinarily
resident in the area of the relevant Health and Social Care trust, and

(b) 15is accordingly not to be treated for the purposes of this Part of this
Act as ordinarily resident anywhere in England.

(2) Where there are arrangements under Article 15 of the Health and Personal
Social Services (Northern Ireland) Order 1972 for the provision of
accommodation in Wales, the adult in question—

(a) 20is to be treated for the purposes of that Order and the Health and
Social Care (Reform) Act (Northern Ireland) 2009 as ordinarily
resident in the area of the relevant Health and Social Care trust, and

(b) is accordingly not to be treated for the purposes of the Social Services
and Well-being (Wales) Act 2014 as ordinarily resident anywhere in
25Wales.

(3) Where there are arrangements under Article 15 of the Health and Personal
Social Services (Northern Ireland) Order 1972 for the provision of
accommodation in Scotland—

(a) the adult in question is to be treated for the purposes of that Order
30and the Health and Social Care (Reform) Act (Northern Ireland) 2009
as ordinarily resident in the area of the relevant Health and Social
Care trust, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or
sections 25 to 27 of the Mental Health (Care and Treatment)
35(Scotland) Act 2003 applies in the adult’s case.

(4) The reference to the relevant Health and Social Care trust is a reference to the
Health and Social Care trust in whose area the adult in question was
ordinarily resident immediately before the making of arrangements of the
kind referred to in this paragraph.

(5) 40Regulations may make further provision in relation to arrangements of the
kind referred to in this paragraph.

(6) The regulations may specify circumstances in which, in a case within sub-
paragraph (3), specified duties under Part 2 of the Social Work (Scotland)
Act 1968 are nonetheless to apply in the case of the adult concerned (and
45paragraph (b) of that sub-paragraph is to be read accordingly).

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Dispute resolution

5 (1) Any dispute about the application of any of paragraphs 1 to 4 to an adult’s
case is to be determined in accordance with this paragraph.

(2) If the dispute is between a local authority in England and a local authority
5in Wales, it is to be determined by the Secretary of State or the Welsh
Ministers.

(3) If the dispute is between a local authority in England and a local authority
in Scotland, it is to be determined by the Secretary of State or the Scottish
Ministers.

(4) 10If the dispute is between a local authority in England and a Health and Social
Care trust, it is to be determined by the Secretary of State or the Northern
Ireland Department.

(5) If the dispute is between a local authority in Wales and a local authority in
Scotland, it is to be determined by the Welsh Ministers or the Scottish
15Ministers.

(6) If the dispute is between a local authority in Wales and a Health and Social
Care trust, it is to be determined by the Welsh Ministers or the Northern
Ireland Department.

(7) If the dispute is between a local authority in Scotland and a Health and
20Social Care trust, it is to be determined by the Scottish Ministers or the
Northern Ireland Department.

(8) In Article 36 of the Health and Personal Social Services (Northern Ireland)
Order 1972, after paragraph (2) insert—

(2A) Any question under this Order as to the ordinary residence of a
25person is to be determined by the Department.

(9) Regulations must make provision for determining which of the persons
concerned is to determine the dispute; and the regulations may, in
particular, provide for the dispute to be determined by whichever of them
they agree is to do so.

(10) 30Regulations may make provision for the determination of disputes between
more than two parties.

(11) Regulations may make further provision about determination of disputes
under this paragraph or under regulations under sub-paragraph (10); the
regulations may, for example, include—

(a) 35provision requiring parties to a dispute to take specified steps before
referring the dispute for determination under this paragraph;

(b) provision about the procedure for referring the dispute under this
paragraph.

Financial adjustments

6 (1) 40This paragraph applies where—

(a) an adult has been provided with accommodation in England, Wales,
Scotland or Northern Ireland, and

(b) it transpires (whether following the determination of a dispute
under paragraph 5 or otherwise) that an authority in another of the

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territories was, for some or all of the time that the accommodation
was being provided, liable to provide the adult with
accommodation.

(2) The authority which made the arrangements may recover from the authority
5in the other territory the amount of any payments it made towards the
making of the arrangements at a time when the other authority was liable to
provide the adult with accommodation.

(3) A reference to an authority is a reference to a local authority in England,
Wales or Scotland or a Health and Social Care trust in Northern Ireland.

7 (1) 10In section 86 of the Social Work (Scotland) Act 1968 (adjustments between
authorities providing accommodation), in subsections (1) and (10), after “a
local authority in England or Wales” insert “and to a Health and Social Care
trust in Northern Ireland”.

(2) In subsection (2) of that section, after “the ordinary residence of a person
15shall” insert “, in a case where there is a dispute about the application of any
of paragraphs 1 to 4 of Schedule 1 to the Care Act 2014 (cross-border
placements), be determined in accordance with paragraph 5 of that
Schedule; and in any other case, the question shall”.

(3) After subsection (10) of that section insert—

(10A) 20A person who, as a result of Schedule 1 to the Care Act 2014 (cross-
border placements), is treated as ordinarily resident in an area in
England, Wales or Northern Ireland (as the case may be) is to be
treated as ordinarily resident in that area for the purposes of this
section.

(10B) 25A person who, as a result of that Schedule, is not treated as ordinarily
resident anywhere in England or Wales (as the case may be) is not to
be treated as ordinarily resident there for the purposes of this
section.

(4) In section 97 of that Act (extent)—

(a) 30in subsection (1), for “sections 86 and 87” substitute “section 87”, and

(b) after that subsection insert—

(1A) Section 86 of this Act shall extend to England and Wales and
to Northern Ireland..

Provision of NHS accommodation not to affect deemed ordinary residence etc.

8 (1) 35In a case where, as a result of this Schedule, an adult is treated as ordinarily
resident in an area in England, Wales or Northern Ireland (as the case may
be), the adult does not cease to be so treated merely because the adult is
provided with NHS accommodation.

(2) In a case where, as a result of this Schedule, an adult is not treated as
40ordinarily resident anywhere in England or Wales (as the case may be), the
adult continues not to be so treated even if the adult is provided with NHS
accommodation.

(3) In a case where, as a result of this Schedule, no duty under a relevant
enactment applies, the duty does not apply merely because the adult in

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question is provided with NHS accommodation; and for this purpose
“relevant enactment” means—

(a) Part 2 of the Social Work (Scotland) Act 1968,

(b) sections 25 to 27 of the Mental Health (Care and Treatment)
5(Scotland) Act 2003,

(c) the Health and Personal Social Services (Northern Ireland) Order
1972, or

(d) the Health and Social Care (Reform) Act (Northern Ireland) 2009.

(4) In a case where, as a result of paragraph 2(2), (4) or (7), an adult is treated as
10remaining within, or as remaining outside but ordinarily resident in, an area
in Wales, the adult does not cease to be so treated merely because the adult
is provided with NHS accommodation.

Direct payments

9 (1) Regulations may provide for this Schedule to apply, with such modifications
15as may be specified, to a case where accommodation in England, Wales,
Scotland or Northern Ireland is provided for an adult by means of direct
payments made by an authority in another of the territories.

(2) The reference in sub-paragraph (1) to direct payments accordingly includes
a reference to direct payments made—

(a) 20under section 34 or 36 of the Social Services and Well-being (Wales)
Act 2014,

(b) as a result of a choice made by the adult pursuant to section 5 of the
Social Care (Self-directed Support) (Scotland) Act 2013, or

(c) by virtue of section 8 of the Carers and Direct Payments Act
25(Northern Ireland) 2002.

Particular types of accommodation

10 (1) Regulations may provide for this Schedule to apply, with such modifications
as may be specified, to a case where—

(a) an adult has needs for care and support which can be met only if the
30adult is living in accommodation of a type specified in the
regulations,

(b) the adult is living in accommodation in England, Wales, Scotland or
Northern Ireland that is of a type so specified, and

(c) the adult’s needs for care and support are being met by an authority
35in another of the territories providing or arranging for the provision
of services other than the accommodation.

(2) In section 5 of the Community Care and Health (Scotland) Act 2002 (the title
to which becomes “Local authority arrangements for residential
accommodation etc. outwith Scotland”), in subsection (1), at the end insert
40“or for the provision in England and Wales or in Northern Ireland of a
service or facility of such other description as may be specified in the
regulations”.

Regulations

11 Regulations under this Schedule—

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