112 Extent and application

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

(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the enactment being amended, repealed or revoked, other than the amendment
5made by section 63(3) which extends to England and Wales only.

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

(a) section 38(6) and Schedule 1 (cross-border placements);

(b) Chapter 2 of Part 3 (the HRA);

(c) section 105 (transfer orders), so far as relating to section 96 (the HRA);

(d) 10section 106 (Part 3: interpretation and supplementary provision);

(e) this Part;

(f) paragraph 17 of Schedule 5 (arrangements between HEE and devolved
authorities) and section 83(2) so far as relating to that paragraph.

(4) The Secretary of State may by order provide that specified provisions of this
15Act, in their application to the Isles of Scilly, have effect with such
modifications as may be specified.

113 Short title

This Act may be cited as the Care Act 2013.

SCHEDULES

Section 38

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 2013 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) 35Regulations 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
paragraph (b) of that sub-paragraph is to be read accordingly).

Placements from Wales to England, Scotland or Northern Ireland

2 (1) Where a local authority in Wales is discharging its duty under section 21 of
5the Social Services and Well-being (Wales) Act 2013 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
the local authority’s area, and

(b) is accordingly not to be treated for the purposes of Part 1 of this Act
10as ordinarily resident anywhere in England.

(2) Where a local authority in Wales is discharging its duty under section 21 of
the Social Services and Well-being (Wales) Act 2013 by arranging for the
provision of accommodation in Scotland—

(a) the adult is to be treated for the purposes of that Act as ordinarily
15resident 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.

(3) Where a local authority in Wales is discharging its duty under section 21 of
20the Social Services and Well-being (Wales) Act 2013 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
resident in the local authority’s area, and

(b) no duty under the Health and Personal Social Services (Northern
25Ireland) 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.

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

(5) 30The regulations may specify circumstances in which, in a case within sub-
paragraph (2), 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).

Placements from Scotland to England, Wales or Northern Ireland

3 (1) 35Where a local authority in Scotland is discharging its duty under section 12
or 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 Part 1 of this Act as ordinarily resident anywhere in
40England.

(2) Where 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 2013 as
45ordinarily resident anywhere in Wales.

(3) Where 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
5(Reform) Act (Northern Ireland) 2009 to provide or secure the provision of
accommodation 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
10the Mental Health (Care and Treatment) (Scotland) Act 2003 (care
and support)”,

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

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

“(5) 15In 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
subsection (1).”

(5) Regulations may make further provision in relation to arrangements of the
20kind 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
Social Services (Northern Ireland) Order 1972 for the provision of
accommodation in England, the adult in question—

(a) 25is 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 Part 1 of this Act
as ordinarily resident anywhere in England.

(2) 30Where 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) is to be treated for the purposes of that Order and the Health and
Social Care (Reform) Act (Northern Ireland) 2009 as ordinarily
35resident 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 2013 as ordinarily resident anywhere in
Wales.

(3) Where there are arrangements under Article 15 of the Health and Personal
40Social 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
and the Health and Social Care (Reform) Act (Northern Ireland) 2009
as ordinarily resident in the area of the relevant Health and Social
45Care 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)
(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) 5Regulations 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
10paragraph (b) of that sub-paragraph is to be read accordingly).

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
15in 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) 20If 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
25Ministers.

(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
30Social 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
35person 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
the persons concerned agree is to do so.

(10) 40Regulations 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) provision 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.

5Financial adjustments

6 (1) This paragraph applies where—

(a) an adult has been provided with accommodation in England, Wales,
Scotland or Northern Ireland in a case within any of paragraphs 1 to
4, and

(b) 10it transpires (whether following the determination of a dispute
under paragraph 5 or otherwise) that an authority in another of the
territories was, for some or all of the time that the accommodation
was being provided, liable to provide the adult with
accommodation.

(2) 15The authority which made the arrangements may recover from the authority
in 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,
20Wales or Scotland or a Health and Social Care trust in Northern Ireland.

Regulations

7 Regulations under this Schedule—

(a) if they include provision relating to Wales, may not be made without
the consent of the Welsh Ministers;

(b) 25if they include provision relating to Scotland, may not be made
without the consent of the Scottish Ministers;

(c) if they include provision relating to Northern Ireland, may not be
made without the consent of the Northern Ireland Department.

Interpretation

8 (1) 30This paragraph applies for the purposes of this Schedule.

(2) “Accommodation in England” means accommodation in England of a type
specified in regulations under section 38 but not of a type specified in
regulations under this paragraph.

(3) “Accommodation in Wales” means accommodation in Wales of a type
35specified in regulations under section 163 of the Social Services and Well-
being (Wales) Act 2013 but not of a type specified in regulations under this
paragraph.

(4) “Accommodation in Scotland” means residential accommodation in
Scotland of a type which may be provided under or by virtue of section 12
40or 13A of the Social Work (Scotland) Act 1968, or section 25 of the Mental
Health (Care and Treatment) (Scotland) Act 2003, but not of a type specified
in regulations under this paragraph.

(5) “Accommodation in Northern Ireland” means residential or other
accommodation in Northern Ireland of a type which may be provided under

Article 15 of the Health and Personal Social Services (Northern Ireland)
Order 1972.

(6) “Local authority in England” means a local authority for the purposes of this
Part.

(7) 5“Local authority in Wales” means a local authority for the purposes of the
Social Services and Well-being (Wales) Act 2013.

(8) “Local authority in Scotland” means a council constituted under section 2 of
the Local Government etc. (Scotland) Act 1994.

(9) “The Northern Ireland Department” means the Department of Health, Social
10Services and Public Safety in Northern Ireland.

Consequential provision

9 In section 163 of the Social Services and Well-being (Wales) Act 2013
(ordinary residence), at the end insert—

“(5) For provision about cross-border placements to and from England,
15Scotland or Northern Ireland, see Schedule 1 to the Care Act 2013.

(5) Am ddarpariaeth ynghylch lleoliadau trawsffiniol i Loegr, yr Alban
neu Ogledd Iwerddon neu o Loegr, yr Alban neu Ogledd Iwerddon,
gweler Atodlen 1 i Ddeddf Gofal 2013.”

Transitory provision

10 (1) 20Pending the commencement of Part 4 of the Social Services and Well-being
(Wales) Act 2013, this Schedule is to have effect with the modifications set
out in this paragraph.

(2) A reference to that Act in paragraphs 1 to 4 is to be read as a reference to Part
3 of the National Assistance Act 1948.

(3) 25In paragraph 8, sub-paragraph (3) is to be read as if the following were
substituted for it—

“(3) Accommodation in Wales” means residential accommodation in
Wales of a type that may be provided under Part 3 of the National
Assistance Act 1948 but not of a type specified in regulations
30under this paragraph.”

(4) In that paragraph, sub-paragraph (7) is to be read as if the following were
substituted for it—

“(7) Local authority in Wales” means a local authority in Wales for the
purposes of Part 3 of the National Assistance Act 1948.”

(5) 35This paragraph does not affect the generality of section 108(2).

Section 42

SCHEDULE 2 Safeguarding Adults Boards

Membership, etc.

1 (1) The members of an SAB are—

(a) 5the local authority which established it,

(b) a clinical commissioning group the whole or part of whose area is in
the local authority’s area,

(c) the chief officer of police for a police area the whole or part of which
is in the local authority’s area, and

(d) 10such persons, or persons of such description, as may be specified in
regulations.

(2) The membership of an SAB may also include such other persons as the local
authority which established it, having consulted the other members listed in
sub-paragraph (1), considers appropriate.

(3) 15A local authority, having consulted the other members of its SAB, must
appoint as the chair a person whom the authority considers to have the
required skills and experience.

(4) Each member of an SAB must appoint a person to represent it on the SAB;
and the representative must be a person whom the member considers to
20have the required skills and experience.

(5) Where more than one clinical commissioning group or more than one chief
officer of police comes within sub-paragraph (1), a person may represent
more than one of the clinical commissioning groups or chief officers of
police.

(6) 25The members of an SAB (other than the local authority which established it)
must, in acting as such, have regard to such guidance as the Secretary of
State may issue.

(7) Guidance for the local authority on acting as a member of the SAB is to be
included in the guidance issued for the purposes of section 71(1).

(8) 30An SAB may regulate its own procedure.

Funding and other resources

2 (1) A member of an SAB listed in paragraph 1(1) may make payments towards
expenditure incurred by, or for purposes connected with, the SAB—

(a) by making the payments directly, or

(b) 35by contributing to a fund out of which the payments may be made.

(2) A member of an SAB listed in paragraph 1(1) may provide staff, goods,
services, accommodation or other resources for purposes connected with the
SAB.

Strategic plan

3 (1) 40An SAB must publish for each financial year a plan (its “strategic plan”)
which sets out—

(a) its strategy for achieving its objective (see section 42), and

(b) what each member is to do to implement that strategy.

(2) In preparing its strategic plan, the SAB must—

(a) consult the Local Healthwatch organisation for its area, and

(b) involve the community in its area.

(3) 5In this paragraph and paragraph 4, “financial year”, in relation to an SAB,
includes the period—

(a) beginning with the day on which the SAB is established, and

(b) ending with the following 31 March or, if the period ending with that
date is 3 months or less, ending with the 31 March following that
10date.

Annual report

4 (1) As soon as is feasible after the end of each financial year, an SAB must
publish a report on—

(a) what it has done during that year to achieve its objective,

(b) 15what it has done during that year to implement its strategy,

(c) what each member has done during that year to implement the
strategy,

(d) the findings of the reviews arranged by it under section 43
(safeguarding adults reviews) which have concluded in that year
20(whether or not they began in that year), and

(e) the reviews arranged by it under that section which are ongoing at
the end of that year (whether or not they began in that year).

(2) The SAB must send a copy of the report to—

(a) the chief executive and the leader of the local authority which
25established the SAB,

(b) the local policing body the whole or part of whose area is in the local
authority’s area,

(c) the Local Healthwatch organisation for the local authority’s area,
and

(d) 30the chair of the Health and Wellbeing Board for that area.

(3) “Local policing body” has the meaning given by section 101 of the Police Act
1996.

Section 67

SCHEDULE 3 Discharge of hospital patients with care and support needs

35Cases where hospital patient is likely to have care and support needs after discharge

1 (1) Where the NHS body responsible for a hospital patient considers that it is
not likely to be safe to discharge the patient unless arrangements for meeting
the patient’s needs for care and support are in place, the body must give
notice to—

(a) 40the local authority in whose area the patient is ordinarily resident, or

(b) if it appears to the body that the patient is of no settled residence, the
local authority in whose area the hospital is situated.

(2) A notice under sub-paragraph (1) is referred to in this Schedule as an
“assessment notice”; and the local authority to which an assessment notice is
given is referred to in this Schedule as “the relevant authority”.

(3) An assessment notice—

(a) 5must describe itself as such, and

(b) may not be given more than seven days before the day on which the
patient is expected to be admitted to hospital.

(4) Before giving an assessment notice, the NHS body responsible for the
patient must consult—

(a) 10the patient, and

(b) where it is feasible to do so, any carer that the patient has.

(5) An assessment notice remains in force until—

(a) the patient is discharged (whether by the NHS body responsible for
the patient or by the patient himself or herself),

(b) 15the patient dies, or

(c) the NHS body responsible for the patient withdraws the notice by
giving a notice (a “withdrawal notice”) to the relevant authority.

(6) A reference in this paragraph to a hospital patient includes a reference to a
person who it is reasonable to expect is about to become one.

20Assessment notice given by responsible NHS body to local authority

2 (1) The NHS body responsible for a hospital patient, having given the relevant
authority an assessment notice, must—

(a) consult the authority before deciding what it will do for the patient
in order for discharge to be safe, and

(b) 25give the authority notice of the day on which it proposes to discharge
the patient.

(2) A notice under sub-paragraph (1)(b) is referred to in this Schedule as a
“discharge notice”.

(3) A discharge notice must specify—

(a) 30whether the NHS body responsible for the patient will be providing
or arranging for the provision of services under the National Health
Service Act 2006 to the patient after discharge, and

(b) if it will, what those services are.

(4) A discharge notice remains in force until—

(a) 35the end of the relevant day, or

(b) the NHS body responsible for the patient withdraws the notice by
giving a withdrawal notice to the relevant authority.

(5) The “relevant day” is the later of—

(a) the day specified in the discharge notice, and

(b) 40the last day of such period as regulations may specify.

(6) A period specified under sub-paragraph (5)(b) must—

(a) begin with the day after that on which the assessment notice is given,
and

(b) last for a period of at least two days.