Disabled Persons (Independent Living) Bill [HL]

House of Commons

Session 2006 - 07
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Disabled Persons (Independent Living) Bill [HL]

Disabled Persons (Independent Living) Bill [HL]
Schedule 1 — Minor and consequential amendments
33

      (3)
In subsection (11) leave out from “if” to “; and” and insert “he—
(a)
has a physical, neurological or sensory impairment, a
learning disability, a mental health problem, an illness or
health condition, or
(b)
has had an illness or health condition, and
5

faces barriers to independent living”.
      (4)
After subsection (11) insert—
“(11A)
A disabled child’s requirements for practical assistance and support
for independent living and associated support shall be assessed and
determined and arrangements shall be made under and in
10
accordance with sections 13 to 15 of the Disabled Persons
(Independent Living) Act 2007.”.
Carers (Recognition and Services) Act 1995 (c. 12)
6     (1)
Section 1 of the Carers (Recognition and Services) Act 1995 is amended as
follows.
15
      (2)
In subsection (1)(a) for the words from “section” to “services” substitute
“section 14 of the Disabled Persons (Independent Living) Act 2007 of the
requirements of a disabled person (“the relevant person”) for practical
assistance and support for independent living”.
      (3)
For “care” substitute “care and independent living support”.
20
      (4)
For “needs” substitute “requirements”.
      (5)
For “provision of any services” substitute “provision of any practical
assistance and support for independent living”.
      (6)
In subsection (2)(a) for the words “Part III of the Children Act 1989 or section
2 of the Chronically Sick and Disabled Persons Act 1970” substitute “section
25
14 of the Disabled Persons (Independent Living) Act 2007”.
      (7)
In subsection (6) omit the definition of “community care services”.
      (8)
In subsection (6) for the words “to whom section 29 of the National
Assistance Act 1948 applies” substitute “to whom the Disabled Persons
(Independent Living) Act 2007 applies”.
30
Care Standards Act 2000 (c. 14)
7     (1)
In section 3(1) of the Care Standards Act 2000 for “any of the following”
substitute “disabled”.
      (2)
In section 3 omit subsection (2).
      (3)
In section 121(1) at the appropriate place insert ““disabled person” has the
35
same meaning as in the Disabled Persons (Independent Living) Act 2007;”.
      (4)
In section 121 omit subsection (2).
Carers and Disabled Children Act 2000 (c. 16)
8     (1)
The Carers and Disabled Children Act 2000 is amended as follows.

Disabled Persons (Independent Living) Bill [HL]
Schedule 2 — Repeals
34

      (2)
Wherever the word appears, for “care” substitute “care and independent
living support”.
      (3)
Wherever the words appear, for “cared for” substitute “cared for and
supported”.
      (4)
Wherever the words appear, for “community care services” substitute
5
“practical assistance and support for independent living”.
      (5)
Wherever the words appear, for “care for” substitute “care for and support”.
      (6)
Wherever the word appears, for “caring” substitute “caring and providing
independent living support”.
      (7)
In section 4(3)(a) for “section 47 of the National Health Service and
10
Community Care Act 1990” substitute “section 13 of the Disabled Persons
(Independent Living) Act 2007”.
      (8)
In section 6(1) for “section 17 of the Children Act 1989 (“the 1989 Act”)”
substitute “sections 13 to 15 of the Disabled Persons (Independent Living)
Act 2007”.
15
      (9)
In section 6(5) for “section 17 of the 1989 Act” substitute “sections 13 to 15 of
the Disabled Persons (Independent Living) Act 2007”.
     (10)
In section 6A(3)(c) for “section 4(3) of the Community Care (Delayed
Discharges etc.) Act 2003” substitute “section 16 of the Disabled Persons
(Independent Living) Act 2007”.
20
Carers (Equal Opportunities) Act 2004 (c. 15)
9     (1)
The Carers (Equal Opportunities) Act 2004 is amended as follows.
      (2)
Wherever the word appears, for “care” substitute “care and independent
living support”.
      (3)
Wherever the words appear, for “care for” substitute “cared for and
25
supported”.
Schedule 2
Section 37(2)

Repeals

Short title and chapter
Extent of repeal

National Assistance Act 1948 (c. 29)
Sections 29 to 33.

30

Health Services and Public Health Act 1968 (c. 46)
Section 45.

Chronically Sick and Disabled Persons Act 1970
Sections 1 and 2.

(c. 44)

National Health Service Act 1977 (c. 49)
Section 21(1)(b) and (c).

In Schedule 8, paragraph 2.

35

Health and Social Services and Social Security
Section 17.

Adjudications Act 1983 (c. 41)
Section 21.

Section 22.

Section 24.

In Schedule 9, Part II.

40

Disabled Persons (Independent Living) Bill [HL]
Schedule 2 — Repeals
35

Short title and chapter
Extent of repeal

Disabled Persons (Services, Consultation and
Sections 1 to 4.

Representation) Act 1986 (c. 33)

Children Act 1989 (c. 41)
Section 17A.

In Schedule 2, paragraph 2.

5

National Health Service and Community Care
Section 47.

Act 1990 (c. 19)

Care Standards Act 2000 (c. 14)
Section 3(2).

Section 121(2).

Health and Social Care Act 2001 (c. 15)
Section 57.

10

Community Care (Delayed Discharges etc.) Act
The whole Act.

2003 (c. 5)