(b) before “he” insert “it or”.

(6) In paragraph (2)(d) of that regulation, before “the Secretary of State” insert “the
Health Research Authority or (as the case may be)”.

(7) In paragraph (3) of that regulation, for the words from the beginning to “in the
5register” substitute “The Health Research Authority shall retain the particulars
of each entry it records in the register, and the Secretary of State shall retain the
particulars of each entry he records in the register,”.

(8) For paragraph (4) of that regulation substitute—

“(4) The Health Research Authority shall, in such manner and to such
10extent as it considers appropriate, publish entries it records in the
register; and the Secretary of State shall, in such manner and to such
extent as he considers appropriate, publish entries he records in the
register.”

CHAPTER 3 Miscellaneous and General

15Miscellaneous

108 Transfer orders

(1) An order under section 86 (establishment of Health Education England) or
section 99 (establishment of the Health Research Authority) (a “transfer order”)
may make provision for rights and liabilities relating to an individual’s
20contract of employment.

(2) A transfer order may, in particular, make provision the same as or similar to
provision in the Transfer of Undertakings (Protection of Employment)
Regulations 2006 (S.I. 2006/246S.I. 2006/246).

(3) A transfer order may provide for the transfer of property, rights or liabilities—

(a) 25whether or not they would otherwise be capable of being transferred;

(b) irrespective of any requirement for consent that would otherwise
apply.

(4) A transfer order may create rights, or impose liabilities, in relation to property,
rights or liabilities transferred.

(5) 30A transfer order may provide for things done by or in relation to the transferor
for the purposes of or in connection with anything transferred to be—

(a) treated as done by or in relation to the transferee or its employees;

(b) continued by or in relation to the transferee or its employees.

(6) A transfer order may in particular make provision about continuation of legal
35proceedings.

General

109 Part 3: interpretation and supplementary provision

(1) For the purposes of this Part, an expression in the first column of the following
table is defined or otherwise explained by the provision of this Act specified in
5the second column.

(2) A power under this Part to give a direction—

(a) includes a power to vary or revoke the direction by a subsequent
direction, and

(b) 25must be exercised by giving the direction in question in writing.

(3) The amendments made by sections 106 and 107 and Schedule 8 to provisions
of subordinate legislation do not affect the power to make further subordinate
legislation amending or revoking the amended provisions.

Part 4 30General

110 Power to make consequential provision

(1) The Secretary of State may by order make provision in consequence of a
provision of this Act.

(2) An order under this section may amend, repeal, revoke or otherwise modify an
enactment.

(3) The power conferred by this section is not restricted by any other provision of
this Act.

(4) 5A saving or a transitional or transitory provision in an order under this section
by virtue of section 112(7) may, in particular, modify the application of a
provision made by the order pending the commencement of—

(a) another provision of the order,

(b) a provision of this Act, or

(c) 10any other enactment.

(5) Before making an order under this section that contains provision which is
within the legislative competence of a devolved legislature, the Secretary of
State must consult the relevant devolved authority.

(6) A reference to an enactment includes a reference to an enactment passed or
15made after the passing of this Act.

111 Power to make transitional etc. provision

(1) The Secretary of State may by order make transitional, transitory or saving
provision in connection with the commencement of a provision of this Act.

(2) An order under this section may modify the application of a provision of this
20Act pending the commencement of—

(a) another provision of this Act, or

(b) any other enactment (including one passed or made after the passing of
this Act).

112 Regulations and orders

(1) 25A power or duty to make regulations under this Act is exercisable by the
Secretary of State.

(2) Regulations and orders under this Act must be made by statutory instrument.

(3) Subject to subsections (4) and (5), a statutory instrument containing regulations
or an order under this Act is subject to annulment in pursuance of a resolution
30of either House of Parliament.

(4) A statutory instrument which contains (whether alone or with other provision)
any of the following may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 13(7) (the eligibility criteria);

(b) 35regulations under section 15(4) (the cap on care costs) other than those
made in discharge of the duty under section 16(1);

(c) the first regulations under section 15(8) (the amount attributable to an
adult’s daily living costs);

(d) regulations under section 22(2)(b) (services or facilities which a local
40authority may not provide or arrange);

(e) regulations under section 35(9) or 36(3) (deferred payment agreements
and loans and alternative financial arrangements) which include
provision that amends or repeals a provision of an Act of Parliament;

(f) the first regulations under section 52(12) (meaning of references to
business failure);

(g) the first regulations under section 53(1) (criteria for application of
market oversight regime);

(h) 5the first regulations under section 53(4) (disapplication of market
oversight regime in particular cases);

(i) the first regulations under section 62(2) (exercise of power to meet
child’s carer’s needs for support);

(j) an order under section 75(9) (delegation of local authority functions);

(k) 10regulations under section 84 (offence of supplying etc false or
misleading information);

(l) an order under section 110 (consequential provision) which includes
provision that amends or repeals a provision of an Act of Parliament;

(m) regulations under paragraph 17 of Schedule 7 (fees chargeable by the
15HRA).

(5) Subsection (3) does not apply to—

(a) an order under section 86 (transfer order to new HEE);

(b) an order under section 99 (transfer order to new HRA);

(c) an order under section 111 (transitional etc. provision);

(d) 20an order under section 114 (commencement).

(6) A power to make regulations or an order under this Act—

(a) may be exercised for all cases to which the power applies, for those
cases subject to specified exceptions, or for any specified cases or
descriptions of case,

(b) 25may be exercised so as to make, for the cases for which it is exercised—

(i) the full provision to which the power applies or any less
provision (whether by way of exception or otherwise);

(ii) the same provision for all cases for which the power is
exercised, or different provision for different cases or different
30descriptions of case, or different provision as respects the same
case or description of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to
specified conditions, and

(c) may, in particular, make different provision for different areas.

(7) 35A power to make regulations or an order under this Act (other than the power
to make an order under section 111 or 114) includes —

(a) power to make incidental, supplementary, consequential, saving,
transitional or transitory provision, and

(b) power to provide for a person to exercise a discretion in dealing with a
40matter.

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

113 45General interpretation

In this Act—

Care BillPage 94

• “devolved authority” means the Scottish Ministers, the Welsh Ministers
  or the Department for Health, Social Services and Public Safety in
  Northern Ireland,

• “devolved legislature” means the Scottish Parliament, the National
  5Assembly for Wales or the Northern Ireland Assembly,

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation (within the
  meaning of the Interpretation Act 1978), and

  (b)

  an enactment contained in, or in an instrument made under, an
  10Act of the Scottish Parliament, an Act or Measure of the
  National Assembly for Wales or Northern Ireland legislation,

• “financial year” means a period of 12 months ending with 31 March (but
  see also the definition of that expression in paragraph 3 of Schedule 2,
  paragraph 19 of Schedule 5 and paragraph 18 of Schedule 7), and

• 15“the health service” means the comprehensive health service in England
  continued under section 1(1) of the National Health Service Act 2006.

114 Commencement

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

(2) 20The provisions of this Part come into force on the day on which this Act is
passed.

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

(4) 25Before making an order under this section bringing section 51 (provider
failure: 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
30(including different areas).

115 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
35made by section 66(3) which extends to England and Wales only.

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

(a) section 39(7) and Schedule 1 (cross-border placements);

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

(c) 40Chapter 2 of Part 3 (the HRA);

(d) section 108 (transfer orders), so far as relating to section 99 (the HRA);

(e) section 109 (Part 3: interpretation and supplementary provision);

(f) this Part;

(g) paragraph 17 of Schedule 5 (arrangements between HEE and devolved
45authorities) and section 86(2) so far as relating to that paragraph.

(4) The 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.

116 Short title

5This Act may be cited as the Care Act 2013.

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 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) 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

(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 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
35the local authority’s area, and

(b) is accordingly not to be treated for the purposes of Part 1 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 2013—

(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

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

(b) the adult concerned is not to be treated for the purposes of Part 1 of
this Act as ordinarily resident anywhere in England (unless the adult
5was 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 2013 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 2013—

(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 2013 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 2013—

(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 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 Part 1 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 2013 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