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Autism Bill


 

Autism Bill

 

 
 

Contents

1   

Duty to record and provide information on the number of children with autism

2   

Duty to consider needs of children with autism in preparing a children and young people’s plan people

3   

Duty to promote effective transition for young people with autism

4   

Duty to recognise the needs of persons with autism

5   

Duty to promote services and support for adults with autism: England

6   

Duty to promote services and support for adults with autism: Wales

7   

Interpretation

8   

Expenses

9   

Short title, commencement and extent

 

Bill 10                                                                                                 

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Autism Bill

1

 

A

Bill

To

Make requirements relating to the collection and dissemination of information

on people with autism; to make provision about support for people with

autism; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Duty to record and provide information on the number of children with

autism

(1)   

The Children Act 1989 (c. 41) is amended as follows.

(2)   

In Schedule 2, after sub-paragraph (2) of paragraph 2, insert—

    “(3)  

The register shall in particular record how many disabled children in

5

the local authority’s area are children with autism.

      (4)  

Every local authority shall provide the contents of the register to its

relevant partners on an annual basis.

      (5)  

For the purposes of sub-paragraph (3), “autism” has the same

meaning as in section 7 of the Autism Act 2009.

10

      (6)  

For the purposes of sub-paragraph (4), “relevant partners” are those

organisations set out in section 10(4) of the Children Act 2004

(c. 31).”.

2       

Duty to consider needs of children with autism in preparing a children and

young people’s plan

15

(1)   

The Children Act 2004 is amended as follows.

(2)   

In section 17(3), at end insert—

“(c)   

The children’s services authority’s assessment of—

(i)   

the specific needs of children with autism in its area;

(ii)   

the services required to meet those needs, and

20

 

Bill 10                                                                                                 

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Autism Bill

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(iii)   

the training requirements of staff employed or

commissioned by the children’s services authority to

enable such services to be delivered effectively.

(d)   

In making the assessment under sub-paragraph (c) above, the

children’s services authority must have regard to the views of

5

children and young people with autism in its area and the views

of their parents and carers.

(e)   

For the purposes of paragraphs (c) and (d), “autism” has the

same meaning as in section 7 of the Autism Act 2009.

3       

Duty to promote effective transition for young people with autism

10

(1)   

The Children Act 1989 (c. 41) is amended as follows.

(2)   

In Schedule 2, paragraph 2, at end insert—

    “(7)  

Every local authority shall ensure that the register is reviewed at

least on one occasion in every three-month period from the date this

Act comes into force by its director of children’s services and the

15

director of adult services, for the purpose of improving the planning

of services for children and adults with autism and, in particular,

their transition between children and adult services.”

4       

Duty to recognise the needs of persons with autism

(1)   

The Local Government and Public Involvement in Health Act 2007 (c. 28) is

20

amended as follows.

(2)   

In section 116 (health and social care: joint strategic needs assessments) after

subsection (4), insert—

“(4A)   

In preparing an assessment of relevant needs, local authorities and

partner Primary Care Trusts must have particular regard to the

25

requirements for services and support of persons with autism.”

5       

Duty to promote services and support for adults with autism: England

(1)   

It shall be the duty of the Secretary of State to promote the provision of services

and support by local authorities and NHS bodies to adults with autism.

(2)   

The duty imposed by subsection (1) shall be performed in accordance with

30

regulations made by the Secretary of State.

(3)   

In particular, regulations made under subsection (2) must make provision in

relation to—

(a)   

the structures within local authorities and NHS bodies to be used to

promote the fulfilment of the duty set out in subsection (1);

35

(b)   

workforce requirements, including the training needs of professionals;

(c)   

the provision of diagnostic services for adults with autism;

(d)   

the provision of assessment services for adults with autism;

(e)   

the collection of data on the population of adults with autism and their

requirements for services and support;

40

(f)   

the arrangements for sharing of good practice in the provision of

autism support services at regional and national levels.

 
 

Autism Bill

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(4)   

The Secretary of State must, before making regulations under subsection (3),

consult—

(a)   

local authorities and NHS bodies;

(b)   

persons with autism, or representatives of persons with autism as

required;

5

(c)   

organisations representing persons affected by autism;

(d)   

user-led organisations representing persons with autism; and

(e)   

organisations representing professionals delivering autism support

services.

(5)   

In complying with any regulations issued under this section local authorities

10

and NHS bodies must, so far as is reasonably practicable and consistent with

these regulations, promote independent living for persons with autism.

(6)   

Regulations and orders made under this section shall be made by statutory

instrument.

(7)   

No regulations or orders under subsection (6) may be made unless a draft has

15

been laid before, and approved by a resolution of, each House of Parliament.

6       

Duty to promote services and support for adults with autism: Wales

(1)   

It shall be the duty of the Welsh Ministers for the National Assembly of Wales

to promote the provision of services and support by local authorities and

Welsh NHS bodies to adults with autism.

20

(2)   

The duty imposed by subsection (1) shall be performed in accordance with

regulations made by the Welsh Ministers.

(3)   

The Welsh Ministers must, before making regulations under subsection (2),

consult—

(a)   

local authorities and Welsh NHS bodies;

25

(b)   

persons with autism, or representatives of persons with autism as

required;

(c)   

organisations representing persons affected by autism;

(d)   

user-led organisations representing persons with autism;

(e)   

organisations representing professionals delivering autism support

30

services; and

(f)   

organisations involved in research relating to care services for persons

with autism.

(4)   

In complying with any regulations issued under this section local authorities

and Welsh NHS bodies must, so far as is reasonably practicable and consistent

35

with these regulations, promote independent living for persons with autism.

7       

Interpretation

In this Act—

“adult” means person over 18 years;

“autism” includes all autism spectrum disorders, including Asperger’s

40

syndrome;

“autism support services” means services provided by local authorities

and NHS bodies for the assessment, care and support of persons with

autism;

 
 

Autism Bill

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“independent living” means persons with autism enjoying the same

choice, freedom, dignity, control and substantive opportunities as

persons who are not disabled;

“local authority” means, in relation to England, a unitary authority, the

council of a county, a metropolitan district, a London Borough, the

5

Common Council of the City of London or the Council of the Isles of

Scilly, and in relation to Wales, the council of a county or a county

borough;

“NHS bodies” includes—

(a)   

a Strategic Health Authority,

10

(b)   

a Primary Care Trust,

(c)   

an NHS Trust,

(d)   

a Mental Health Trust,

(e)   

a Special Health Authority,

(f)   

an NHS Foundation Trust;

15

“relevant strategy documents and plans” means documents produced by

local authorities and NHS bodies for purposes of planning for the

provision of health and social care services;

“user-led organisations” means organisations where the majority of the

trustee board, management committee or senior management team (or

20

equivalent) are disabled, within the meaning of section 1 of the

Disability Discrimination Act 1995 (c. 50);

“Welsh NHS bodies” includes—

(a)   

local health board,

(b)   

an NHS trust.

25

8       

Expenses

There shall be paid out of money provided by Parliament

(a)   

any expenditure incurred under or by virtue of this Act by the Secretary of

State, and

(b)   

any increase attributable to this Act in the sums payable under any other Act

30

out of money so provided.

9       

Short title, commencement and extent

(1)   

This Act may be cited as the Autism Act 2009.

(2)   

Apart from this section, this Act comes into force on such day as may be

appointed by order made by statutory instrument.

35

(3)   

An order under subsection (2) shall 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)   

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

40

modifications as are specified in the order.

(5)   

A statutory instrument containing an order under this section shall be subject

to annulment in pursuance of a resolution of either House of Parliament.

(6)   

Sections 1 to 5 and 7 to 9 extend to England only.

 
 

Autism Bill

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(7)   

Section 6 extends to Wales only.

 
 

 

 
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