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Make
provision about life-long learning for, and the employment of,
carers; to |
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place duties on local authorities
and health bodies in respect of carers; and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Equal
opportunities for carers |
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(1) |
A local authority shall
in carrying out its social services functions have due |
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regard to the need to promote
equality of opportunity between carers and |
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persons without caring responsibilities
with regard to carers’ health and well- |
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5 |
(2) |
In pursuance of subsection
(1) it shall be the duty of every local authority, when |
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providing or securing the
provision of services, to have due regard to |
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providing and securing services
which they consider likely to encourage, |
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enable or assist (directly
or indirectly) effective participation by carers in |
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education, training, employment
and leisure opportunities. |
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(3) |
Regulations may be made
in relation to subsections (1) and (2) which provide |
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(a) |
any programmes that need
to be developed to secure the effective |
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promotion of equality of opportunity,
and |
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(b) |
the services which may encourage
or promote the health and well- |
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15 |
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2 |
Planning
for provision of information for carers |
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(1) |
It shall be the duty of
local authorities, in co-operation with National Health |
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Service (NHS) bodies, to
ensure that the community strategies that they |
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prepare for the purposes
of section 4 of the Local Government Act 2000 (c. 22) |
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20 |
make specific provision for
informing relevant carers of the services that the |
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local authority provides
which are likely to promote the carers’ health and |
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(2) |
For
the purposes of this section, a relevant carer is a carer who
appears to the |
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local authority to be a person
who may have rights under section 1 or section 6 |
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of the Carers and Disabled
Children Act 2000 (c. 16) (the 2000 Act). |
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(3) |
In this section “NHS
body” means a Health Authority, Special Health |
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Authority, Local Health Board,
Primary Care Trust, or National Health Service |
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5 |
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(1) |
Where it appears to a local
authority both that— |
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(a) |
a person aged 18 or over
(“the adult cared for”) is a person for whom it |
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may provide or arrange for
the provision of community care services, |
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(b) |
a disabled child (“the
child cared for”) and his family are persons for |
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whom it may provide or arrange
for the provision of services under |
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section 17 of the Children
Act 1989 (c. 41) or section 2 of the Chronically |
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Sick and Disabled Persons
Act 1970 (c. 44); and |
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(c) |
another person (“the
carer”) provides, or intends to provide, a |
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substantial amount of care
on a regular basis for the person cared for, |
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the
local authority shall notify the carer that he may be entitled
under section |
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1 or section 6 of the 2000
Act and section 1 of the Carers (Recognition and |
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Services) Act 1995 (c. 12)
to request an assessment of his ability to provide, or |
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continue to provide, care
for the adult or child cared for. |
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4 |
Co-operation
between authorities |
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(1) |
Where it appears to a local
authority that any authority mentioned in |
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subsection (3) could, by
taking any specified action, help in the exercise of any |
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of their functions under
this Act, they may request the help of that other |
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authority, specifying the
action in question. |
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(2) |
An authority whose help
is so requested shall comply with the request if it is |
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compatible with their own
statutory or other duties and obligations and does |
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not unduly prejudice the
discharge of any of their functions. |
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30 |
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(b) |
any
local education authority; |
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(c) |
any
local housing authority; |
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(d) |
any
Health Authority, Special Health Authority, Local Health Board,
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Primary
Care Trust or National Health Service Trust; and |
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(e) |
any
person authorised by the Secretary of State (as regards England)
or |
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the
National Assembly for Wales (as regards Wales) for the purposes
of |
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(4) |
For the purposes of subsection
(3)(a) above “local authority” means a county |
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council, a county borough
council, a district council, a London borough |
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council, or the Common Council
of the City of London. |
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| |
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5 |
Co-operation
between health bodies and local authorities |
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(1) |
In exercising their respective
functions National Health Service bodies (on the |
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one hand) and local authorities
(on the other) shall co-operate with one another |
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(a) |
to ensure the effective discharge
by local authorities of their duties |
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5 |
under sections 1
to 3
of this Act; and |
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(b) |
to promote and safeguard
the health and welfare of carers in England |
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(2) |
In this section "NHS body"
means a Health Authority, Special Health |
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Authority, Local Health Board,
Primary Care Trust or National Health Service |
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6 |
Minor
and consequential amendments |
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(1) |
In Schedule 1 to the Local
Authority Social Services Act 1970 (c. 42) (which sets |
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out enactments conferring
functions referred to each local authority's social |
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services committee) at the
end, there is inserted— |
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“Carers (Equal
Opportunities) |
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The whole Act, in
so far as it |
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Equal opportunities
for carers.
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| |
confers
functions on a local |
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Carer
information strategies.
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authority
within the meaning of |
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Co-operation
between health |
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| |
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bodies
and local authorities.” |
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There
shall be paid out of money provided by Parliament any increase
attributable to |
|
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this
Act in the sums payable out of money so provided by virtue of
any other Act. |
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25 |
8 |
Interpretation
and construction |
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(1) |
Except as provided in section
3(4),
in this Act— |
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“carer”
has the meaning given by section 1 or section 6 of the Carers
and |
|
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Disabled
Children Act 2000 (c. 16); |
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“community
care services” has the meaning given by section 46(3) of
the |
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National
Health Service and Community Care Act 1990 (c. 19); |
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“disabled
child” means a child who is disabled within the meaning
of Part |
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III
of the Children Act 1989 (c. 41); |
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“education”
has the meaning given by section 3 of the Learning and Skills
|
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35 |
|
“local
authority” means a local authority having responsibilities
under the |
|
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Carers
(Recognition and Services) Act 1995 (c. 12) and/ or the Carers
|
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|
and
Disabled Children Act 2000; |
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|
“social
services function” means any of the functions listed in
Schedule 1 |
|
|
to
the Local Authority Social Services Act 1970; |
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40 |
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“training”
has the meaning given by section 3 of the Learning and Skills
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“regulations”
means regulations made by statutory instrument by the |
|
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Secretary
of State (in relation to England) or by the National Assembly
|
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for
Wales (in relation to Wales); |
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“well-being”
includes factors which contribute to a person’s well-being
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including
social, educational and training opportunities, and |
|
5 |
opportunities
to participate in employment. |
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(2) |
Regulations may make different
provision for different cases and may include |
|
|
such supplementary, incidental,
consequential and transitional provisions and |
|
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savings as the Secretary
of State (or the National Assembly for Wales) thinks fit. |
|
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(3) |
A statutory instrument containing
regulations made by the Secretary of State |
|
10 |
under this Act shall be subject
to annulment in pursuance of a resolution of |
|
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either House of Parliament. |
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9 |
Short
title, commencement and extent |
|
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(1) |
This Act may be cited as
the Carers (Equal Opportunities) Act 2004. |
|
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(2) |
Apart from this section,
this Act comes into force on such day as may be |
|
15 |
appointed by order made by
statutory instrument. |
|
|
(3) |
An order under subsection
(2) is to be made— |
|
|
(a) |
in relation to England, by
the Secretary of State; and |
|
|
(b) |
in relation to Wales, by the
National Assembly for Wales. |
|
|
(4) |
Different days may be appointed
for different provisions or for different |
|
20 |
|
|
(5) |
The Secretary of State may
by order made by statutory instrument provide that |
|
|
this Act shall have effect
in its application to the Isles of Scilly with such |
|
|
modifications as are specified
in the order. |
|
|
(6) |
A statutory instrument containing
an order under subsection (5) shall be |
|
25 |
subject to annulment in pursuance
of a resolution of either House of |
|
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|
|
(7) |
This Act extends to England
and Wales only. |
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| |
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