|
| |
|
| |
| |
| |
| |
Placements from England to Wales, Scotland or Northern Ireland |
| |
1 (1) | Where a local authority in England is meeting an adult’s needs for care and |
| 5 |
support by arranging for the provision of accommodation in Wales, the |
| |
| |
(a) | is to be treated for the purposes of this Part as ordinarily resident in |
| |
the local authority’s area, and |
| |
(b) | is accordingly not to be treated for the purposes of the Social Services |
| 10 |
and Well-being (Wales) Act 2013 as ordinarily resident anywhere in |
| |
| |
(2) | Where a local authority in England, in reliance on section 22(4), is making |
| |
arrangements which include the provision of accommodation in Wales, |
| |
section 22(4) is to have effect as if for paragraph (a) there were substituted— |
| 15 |
“(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 |
| |
support by arranging for the provision of accommodation in Scotland— |
| 20 |
(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) |
| |
(Scotland) Act 2003 applies in the adult’s case. |
| 25 |
(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 |
| |
| |
(a) | the adult is to be treated for the purposes of this Part as ordinarily |
| |
resident in the local authority’s area, and |
| 30 |
(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) | Section 22 (prohibition on provision of health services) is to have effect— |
| 35 |
(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 |
| |
| |
(b) | in its application to a case within sub-paragraph (3)— |
| 5 |
(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 |
| |
commissioning group or the National Health Service |
| 10 |
Commissioning Board included a reference to a 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 |
| |
facility provided under the National Health Service Act 2006 |
| 15 |
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 |
| |
| |
(ii) | as if the reference in subsection (6) to a clinical |
| 20 |
commissioning group or the National Health Service |
| |
Commissioning Board included a reference to a Health and |
| |
| |
(6) | Regulations may make further provision in relation to arrangements of the |
| |
kind referred to in this paragraph. |
| 25 |
(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). |
| |
Placements from Wales to England, Scotland or Northern Ireland |
| 30 |
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 |
| |
the local authority’s area, and |
| 35 |
(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 |
| |
the Social Services and Well-being (Wales) Act 2013— |
| 40 |
(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 |
| |
| 45 |
(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 |
| |
| |
(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 |
| |
was so ordinarily resident immediately before being provided by the |
| 5 |
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) | the adult is to be treated for the purposes of that Act as ordinarily |
| 10 |
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) | Where a local authority in Wales is arranging for the provision of |
| 15 |
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 |
| |
immediately before being provided by the local authority |
| 20 |
with accommodation in Scotland, as remaining within that |
| |
| |
(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 |
| 25 |
Scotland, as remaining outside but ordinarily resident in that |
| |
| |
(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. |
| 30 |
(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) | Where a local authority in Wales is discharging its duty under section 21 of |
| 35 |
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) | no duty under the Health and Personal Social Services (Northern |
| 40 |
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 |
| |
accommodation in Northern Ireland in the exercise of its power under |
| 45 |
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 |
| |
| |
(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 |
| 5 |
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 |
| |
(Northern Ireland) 2009 to provide or secure the provision of |
| 10 |
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 |
| |
authority with accommodation in Northern Ireland. |
| 15 |
(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 |
| |
(Scotland) Act 1968 are nonetheless to apply in the case of the adult |
| 20 |
concerned (and paragraph (b) of each of those sub-paragraphs is to be read |
| |
| |
Placements from Scotland to England, Wales or Northern Ireland |
| |
3 (1) | Where 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 |
| 25 |
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 |
| |
| |
(2) | Where a local authority in Scotland is discharging its duty under a provision |
| 30 |
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) | Where a local authority in Scotland is discharging its duty under a provision |
| 35 |
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 |
| |
accommodation or other facilities applies in the case of the adult in question. |
| 40 |
(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 |
| |
| 45 |
(b) | in subsection (2), for “such arrangements” substitute “persons for |
| |
whom such arrangements are made”, and |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(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 |
| |
Social Services (Northern Ireland) Order 1972 for the provision of |
| 10 |
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) | is accordingly not to be treated for the purposes of Part 1 of this Act |
| 15 |
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) | is to be treated for the purposes of that Order and the Health and |
| 20 |
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 2013 as ordinarily resident anywhere in |
| |
| 25 |
(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 |
| |
and the Health and Social Care (Reform) Act (Northern Ireland) 2009 |
| 30 |
as ordinarily resident in the area of the relevant Health and Social |
| |
| |
(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. |
| 35 |
(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) | Regulations may make further provision in relation to arrangements of the |
| 40 |
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). |
| 45 |
|
| |
|
| |
|
| |
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 |
| |
in Wales, it is to be determined by the Secretary of State or the Welsh |
| 5 |
| |
(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 |
| |
| |
(4) | If the dispute is between a local authority in England and a Health and Social |
| 10 |
Care trust, it is to be determined by the Secretary of State or the Northern |
| |
| |
(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 |
| |
| 15 |
(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 |
| |
| |
(7) | If the dispute is between a local authority in Scotland and a Health and |
| |
Social Care trust, it is to be determined by the Scottish Ministers or the |
| 20 |
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 |
| |
person is to be determined by the Department.” |
| 25 |
(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 |
| |
| |
(10) | Regulations may make provision for the determination of disputes between |
| 30 |
| |
(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 |
| 35 |
referring the dispute for determination under this paragraph; |
| |
(b) | provision about the procedure for referring the dispute under this |
| |
| |
| |
6 (1) | This paragraph applies where— |
| 40 |
(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 |
| |
|
| |
|
| |
|
territories was, for some or all of the time that the accommodation |
| |
was being provided, liable to provide the adult with |
| |
| |
(2) | The authority which made the arrangements may recover from the authority |
| |
in the other territory the amount of any payments it made towards the |
| 5 |
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) | In section 86 of the Social Work (Scotland) Act 1968 (adjustments between |
| 10 |
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 |
| |
shall” insert “, in a case where there is a dispute about the application of any |
| 15 |
of paragraphs 1 to 4 of Schedule 1 to the Care Act 2013 (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) | A person who, as a result of Schedule 1 to the Care Act 2013 (cross- |
| 20 |
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 |
| |
| |
(10B) | A person who, as a result of that Schedule, is not treated as ordinarily |
| 25 |
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 |
| |
| |
(4) | In section 97 of that Act (extent)— |
| |
(a) | in subsection (1), for “sections 86 and 87” substitute “section 87”, and |
| 30 |
(b) | after that subsection insert— |
| |
“(1A) | Section 86 of this Act shall extend to England and Wales and |
| |
| |
Provision of NHS accommodation not to affect deemed ordinary residence etc. |
| |
8 (1) | In a case where, as a result of this Schedule, an adult is treated as ordinarily |
| 35 |
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 |
| |
ordinarily resident anywhere in England or Wales (as the case may be), the |
| 40 |
adult continues not to be so treated even if the adult is provided with NHS |
| |
| |
(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 |
| |
|
| |
|