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

5 of
this Act as ordinarily resident anywhere in England (unless the adult
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
10the 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
resident in the local authority’s area, and

(b) no duty under Part 2 of the Social Work (Scotland) Act 1968 or
15sections 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
accommodation in Scotland in the exercise of its power under section 22 of
the Social Services and Well-being (Wales) Act 2013—

(a) 20the 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 Scotland, as remaining within that
area;

(ii) 25in 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
Scotland, as remaining outside but ordinarily resident in that
area, and

(b) 30no 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.

(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
35resident 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
the Social Services and Well-being (Wales) Act 2013 by arranging for the
provision of accommodation in Northern Ireland—

(a) 40the 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
Ireland) Order 1972 or the Health and Social Care (Reform) Act
(Northern Ireland) 2009 to provide or secure the provision of
45accommodation 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
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) 50in 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

(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 Part 1 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 2013 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).

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
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

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 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) 20A person who, as a result of Schedule 1 to the Care Act 2013 (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

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 2013,

(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—

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

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

(c) 5if they include provision relating to Northern Ireland, may not be
made without the consent of the Northern Ireland Department.

Interpretation

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

(2) “Accommodation in England” means accommodation in England of a type
10specified in regulations under section 39 but not of a type specified in
regulations under this paragraph.

(3) “Accommodation in Wales” means accommodation in Wales of a type
specified 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
15paragraph.

(4) “Accommodation in Scotland” means residential accommodation in
Scotland of a type which may be provided under or by virtue of section 12
or 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
20in 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) 25“Local authority in England” means a local authority for the purposes of this
Part.

(7) “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
30the Local Government etc. (Scotland) Act 1994.

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

(10) “NHS accommodation” has the meaning given in section 39(6).

Consequential provision

13 35In 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,
Scotland or Northern Ireland, see Schedule 1 to the Care Act 2013.

(5) Am ddarpariaeth ynghylch lleoliadau trawsffiniol i Loegr, yr Alban
40neu Ogledd Iwerddon neu o Loegr, yr Alban neu Ogledd Iwerddon,
gweler Atodlen 1 i Ddeddf Gofal 2013.”

Transitory provision

14 (1) Pending 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) 5A reference to that Act in paragraphs 1, 3 and 4 is to be read as a reference to
Part 3 of the National Assistance Act 1948.

(3) In paragraph 2—

(a) the references in sub-paragraphs (1), (3) and (6) to discharging a duty
under section 21 of the Social Services and Well-being (Wales) Act
102013 by arranging for the provision of accommodation are to be read
as references to providing residential accommodation under Part 3
of the National Assistance Act 1948;

(b) the references in paragraph (a) of each of those sub-paragraphs to the
Social Services and Well-being (Wales) Act 2013 are to be read as
15references to Part 3 of the National Assistance Act 1948;

(c) sub-paragraphs (2), (4) and (7) are to be ignored; and

(d) in sub-paragraph (10), the references to sub-paragraph (4) and
paragraph (b) of sub-paragraph (4) are to be ignored.

(4) In paragraph 9, the reference to sections 34 and 36 of the Social Services and
20Well-being (Wales) Act 2013 is to be read as a reference to section 57 of the
Health and Social Care Act 2001.

(5) In paragraph 12, sub-paragraph (3) is to be read as if the following were
substituted for it—

“(3) Accommodation in Wales” means residential accommodation in
25Wales of a type that may be provided under Part 3 of the National
Assistance Act 1948 but not of a type specified in regulations
under this paragraph.”

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

“(7) 30Local authority in Wales” means a local authority in Wales for the
purposes of Part 3 of the National Assistance Act 1948.”

(7) This paragraph does not affect the generality of section 120(2).

Section 43

SCHEDULE 2 Safeguarding Adults Boards

35Membership, etc.

1 (1) The members of an SAB are—

(a) the 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) 40the chief officer of police for a police area the whole or part of which
is in the local authority’s area, and

(d) such 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
5sub-paragraph (1), considers appropriate.

(3) A 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;
10and the representative must be a person whom the member considers to
have 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
15police.

(6) The 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
20included in the guidance issued for the purposes of section 77(1).

(8) An 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) 25by making the payments directly, or

(b) by 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.

30Strategic plan

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

(a) its strategy for achieving its objective (see section 43), and

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

(2) 35In 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) In this paragraph and paragraph 4, “financial year”, in relation to an SAB,
includes the period—

(a) 40beginning 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
date.

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) 5what 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 44
(safeguarding adults reviews) which have concluded in that year
10(whether or not they began in that year),

(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),

(f) what it has done during that year to implement the findings of
reviews arranged by it under that section, and

(g) 15where it decides during that year not to implement a finding of a
review arranged by it under that section, the reasons for its decision.

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

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

(b) 20the 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) the chair of the Health and Wellbeing Board for that area.

(3) 25“Local policing body” has the meaning given by section 101 of the Police Act
1996.

Section 73

SCHEDULE 3 Discharge of hospital patients with care and support needs

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

1 (1) 30Where 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) the local authority in whose area the patient is ordinarily resident, or

(b) 35if 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) 40An assessment notice—

(a) must 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.