|
| |
|
(d) | enable a disabled person to require a providing authority to comply |
| |
with a request to provide direct payments in place of the qualifying |
| |
service (or its provision at certain times or in certain circumstances) |
| |
while providing, or continuing to provide, other relevant services (or |
| |
providing, or continuing to provide, the qualifying service at other |
| 5 |
times or in other circumstances); |
| |
(e) | make provision displacing functions or obligations of the providing |
| |
authority with respect to the provision of the qualifying service |
| |
(whether arising under any enactment, under any trust or otherwise) to |
| |
such extent and subject to such conditions as may be prescribed. |
| 10 |
(3) | Direct payments regulations must include provision excluding any duty of a |
| |
providing authority to comply with a request for direct payments, or a class of |
| |
such requests, if compliance with the request, or with requests falling within |
| |
that class, would in all the circumstances impose an unreasonable financial |
| |
burden on the providing authority. |
| 15 |
(4) | Direct payments regulations may— |
| |
(a) | make provision for and in connection with requiring or authorising the |
| |
providing authority to make direct payments to the disabled person or |
| |
such other person as the authority may determine (“the payee”) in |
| |
accordance with the regulations in respect of the person securing the |
| 20 |
provision of the equivalent service; |
| |
(b) | make provision as to the conditions falling to be complied with by the |
| |
payee in relation to the direct payments; |
| |
(c) | prescribe circumstances in which the providing authority may or must |
| |
terminate the making of direct payments; |
| 25 |
(d) | prescribe circumstances in which the providing authority may require |
| |
repayment (whether by the payee or otherwise) of the whole or any |
| |
part of the direct payments; |
| |
(e) | make provision for any sum falling to be paid or repaid to the |
| |
providing authority by virtue of any condition or other requirement |
| 30 |
imposed in pursuance of the regulations to be recoverable as a debt due |
| |
| |
(f) | prescribe circumstances in which any sum is to cease to be payable by |
| |
| |
(g) | make provision authorising direct payments to be made to a prescribed |
| 35 |
person on behalf of the disabled person. |
| |
(5) | For the purposes of subsection (4)(b), the conditions that are to be taken to be |
| |
conditions in relation to direct payments include, in particular, conditions |
| |
| |
(a) | what is or is not to be regarded as an equivalent service, |
| 40 |
(b) | the securing of the provision of the equivalent service, |
| |
(c) | the provider of the service, |
| |
(d) | the person to whom the payments are made in respect of the provision |
| |
| |
(e) | the provision of the service. |
| 45 |
33 | Exercise of rights on behalf of persons who lack capacity |
| |
(1) | Regulations under section 31 may make provision for and in connection with |
| |
enabling any request or consent for the purposes of the regulations (including |
| |
any request or consent relating to payments by virtue of subsection (2)(d) of |
| |
|
| |
|
| |
|
that section) to be made or given on behalf of a disabled person who falls |
| |
within subsection (2) by a person of a prescribed description. |
| |
(2) | A person falls within this subsection— |
| |
(a) | in relation to England and Wales, if the person lacks capacity, within |
| |
the meaning of the Mental Capacity Act 2005 (c. 9), in relation to the |
| 5 |
| |
(b) | in relation to Scotland, if the person is incapable, within the meaning of |
| |
the Adults with Incapacity (Scotland) Act 2000 (asp 4), in relation to |
| |
| |
| 10 |
(1) | Regulations to which this subsection applies may be made so as to have effect |
| |
for a specified period not exceeding 36 months. |
| |
(2) | Subsection (1) applies to regulations under section 31 that are made with a |
| |
| |
(a) | the extent to which their provisions contribute to achieving the purpose |
| 15 |
| |
(b) | the extent of any beneficial effects on the lives of the disabled people |
| |
| |
(c) | the extent of any financial burden imposed on the relevant authorities |
| |
to which the regulations relate. |
| 20 |
(3) | Regulations which, by virtue of subsection (1), are to have effect for a limited |
| |
period are referred to in this section as a “pilot scheme”. |
| |
(4) | A pilot scheme may provide that its provisions are to apply only in relation |
| |
| |
(a) | one or more specified areas; |
| 25 |
(b) | one or more specified classes of person; |
| |
| |
(i) | by reference to prescribed criteria, or |
| |
(ii) | on a sampling basis. |
| |
(5) | A pilot scheme may make consequential or transitional provision with respect |
| 30 |
to the cessation of the scheme on the expiry of the specified period. |
| |
(6) | A pilot scheme may be replaced by a further pilot scheme making the same or |
| |
| |
(7) | The appropriate authority which made a pilot scheme must prepare and |
| |
publish a report on the operation of the scheme. |
| 35 |
| |
35 | The appropriate authority by which regulations under section 31 are made |
| |
(1) | Subsection (2) has effect to determine the appropriate authority by which |
| |
regulations under section 31 may be made. |
| |
(2) | The Secretary of State is the appropriate authority, except that— |
| 40 |
|
| |
|
| |
|
(a) | in relation to provision that would be within the legislative competence |
| |
of the Scottish Parliament if it were included in an Act of that |
| |
Parliament, the Scottish Ministers are the appropriate authority, and |
| |
(b) | in relation to provision that would be within the legislative competence |
| |
of the National Assembly for Wales if it were included in a Measure of |
| 5 |
the Assembly (or, if regulations are made after the Assembly Act |
| |
provisions come into force, an Act of the Assembly), the Welsh |
| |
Ministers are the appropriate authority. |
| |
(3) | Any power of the Secretary of State to make regulations under section 31 is |
| |
exercisable only with the consent of the Treasury. |
| 10 |
(4) | In this section “the Assembly Act provisions” has the meaning given by section |
| |
103(8) of the Government of Wales Act 2006 (c. 32). |
| |
36 | Regulations under section 31: supplementary provisions |
| |
(1) | Any power to make regulations under section 31 may be exercised— |
| |
(a) | in relation to all cases to which it extends, |
| 15 |
(b) | in relation to those cases subject to specified exceptions, or |
| |
(c) | in relation to any specified cases or classes of case. |
| |
(2) | Any such power may be exercised so as to make, as respects the cases in |
| |
relation to which it is exercised— |
| |
(a) | the full provision to which the power extends or any less provision |
| 20 |
(whether by way of exception or otherwise); |
| |
(b) | the same provision for all cases in relation to which it is exercised, or |
| |
different provision for different cases or different classes of case or |
| |
different provision as respect the same case or class of case for different |
| |
| 25 |
(c) | any such provision either unconditionally or subject to any specified |
| |
| |
(3) | Where any such power is expressed to be exercisable for alternative purposes, |
| |
it may be exercised in relation to the same case for all or any of those purposes. |
| |
(4) | Any such power includes power— |
| 30 |
(a) | to make such incidental, supplementary, consequential or saving |
| |
provision as the authority making the regulations considers to be |
| |
| |
(b) | to provide for a person to exercise a discretion in dealing with any |
| |
| 35 |
(c) | to amend or repeal an enactment whenever passed or made. |
| |
| |
(1) | Before laying before Parliament (or the Scottish Parliament or the National |
| |
Assembly for Wales) a draft of a statutory instrument containing regulations |
| |
under section 31, the appropriate authority must— |
| 40 |
(a) | publish draft regulations in such manner as it thinks fit, and |
| |
(b) | invite representations to be made to it about the draft, during a |
| |
specified period of not less than 12 weeks, by persons appearing to it to |
| |
be affected by the proposals. |
| |
|
| |
|
| |
|
(2) | In this section “the appropriate authority” is to be read in accordance with |
| |
| |
38 | Regulations under section 31: control by Parliament or other legislature |
| |
(1) | The Secretary of State may not make a statutory instrument containing |
| |
regulations under section 31 unless a draft of the instrument has been laid |
| 5 |
before, and approved by a resolution of, each House of Parliament. |
| |
(2) | The Scottish Ministers may not make a statutory instrument containing |
| |
regulations under section 31 unless a draft of the instrument has been laid |
| |
before, and approved by a resolution of, the Scottish Parliament. |
| |
(3) | The Welsh Ministers may not make a statutory instrument containing |
| 10 |
regulations under section 31 unless a draft of the instrument has been laid |
| |
before, and approved by a resolution of, the National Assembly for Wales. |
| |
39 | Interpretation of Part 2 |
| |
| |
“employment” includes self-employment; |
| 15 |
“enactment” means an enactment contained in, or in an instrument made |
| |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, or |
| |
(c) | a Measure or Act of the National Assembly for Wales; |
| 20 |
“prescribed” means specified in, or determined in accordance with, |
| |
regulations under section 31. |
| |
| |
| |
40 | Disqualification for holding etc. driving licence or travel authorisation |
| 25 |
(1) | The Child Support Act 1991 (c. 48) is amended as follows. |
| |
(2) | In section 39B (disqualification for holding or obtaining travel authorisation)— |
| |
(a) | in subsection (1), for “The Commission may apply to the court for an |
| |
order under this section” substitute “The Commission may make an |
| |
order under this section (referred to in this section and sections 39C to |
| 30 |
39F as a “disqualification order”)”, and |
| |
(b) | for subsections (3) to (13) substitute— |
| |
“(3) | A disqualification order shall provide that the person against |
| |
whom it is made is disqualified for holding or obtaining— |
| |
| 35 |
(b) | a travel authorisation, or |
| |
(c) | both a driving licence and a travel authorisation, |
| |
| while the order has effect. |
| |
(4) | Before making a disqualification order against a person, the |
| |
Commission shall consider whether the person needs the |
| 40 |
relevant document in order to earn a living. |
| |
|
| |
|
| |
|
(5) | A disqualification order shall specify the amount in respect of |
| |
| |
(6) | That amount shall be the aggregate of— |
| |
(a) | the amount sought to be recovered as mentioned in |
| |
subsection (1)(a), or so much of it as remains unpaid; |
| 5 |
| |
(b) | the amount which the person against whom the order is |
| |
made is required to pay by the order under section |
| |
| |
(7) | The Commission shall serve a copy of the disqualification order |
| 10 |
(together with a copy of the order under section 39DA(1)) on the |
| |
person against whom it is made. |
| |
| |
“driving licence” means a licence to drive a motor vehicle |
| |
granted under Part 3 of the Road Traffic Act 1988; |
| 15 |
“relevant document”, in relation to a disqualification order |
| |
made against a person, means the document (or |
| |
documents) for the holding or obtaining of which the |
| |
person is disqualified by the order; |
| |
“travel authorisation” means— |
| 20 |
(a) | a United Kingdom passport (within the meaning |
| |
of the Immigration Act 1971); |
| |
(b) | an ID card issued under the Identity Cards Act |
| |
2006 that records that the person to whom it has |
| |
been issued is a British citizen.” |
| 25 |
(3) | In section 39C (period for which orders under section 39B are to have effect), |
| |
for subsection (1) substitute— |
| |
“(1) | A disqualification order shall specify the period for which it is to have |
| |
| |
(1A) | That period shall not exceed 12 months (subject to any extension under |
| 30 |
| |
(1B) | That period shall begin to run with— |
| |
(a) | the first day after the end of the period within which an appeal |
| |
may be brought against the order under section 39CB(1); or |
| |
(b) | if the running of the period is suspended at that time, the first |
| 35 |
day when its running is no longer suspended.” |
| |
(4) | After that section insert— |
| |
“39CA | Surrender of relevant documents |
| |
(1) | A person against whom a disqualification order is made who holds any |
| |
relevant document shall surrender it in the prescribed manner to the |
| 40 |
prescribed person within the required period. |
| |
(2) | For this purpose “the required period” means the period of 7 days |
| |
beginning with the start of the period for which the order has effect or |
| |
has effect again following a period of suspension. |
| |
(3) | But, if immediately before the end of the required period the person has |
| 45 |
a good reason for not surrendering any relevant document, the person |
| |
|
| |
|
| |
|
shall instead surrender it as soon as practicable after the end of that |
| |
| |
(4) | The Secretary of State may by regulations make provision |
| |
prescribing circumstances in which a person is, or is not, to be regarded |
| |
for the purposes of subsection (3) as having a good reason for not |
| 5 |
surrendering any relevant document. |
| |
(5) | The requirements imposed by subsections (1) and (3) cease to have |
| |
effect if the period for which the disqualification order has effect is |
| |
| |
(6) | A person who fails to comply with a requirement imposed by |
| 10 |
subsection (1) or (3) commits an offence. |
| |
(7) | A person guilty of an offence under subsection (6) shall be liable on |
| |
summary conviction to a fine not exceeding level 3 on the standard |
| |
| |
(8) | On sentencing a person for an offence under that subsection the court |
| 15 |
may by order extend the period for which the disqualification order is |
| |
to have effect by such period as may be specified in the order under this |
| |
| |
(9) | But the power conferred by subsection (8) may not be exercised so as to |
| |
provide for the disqualification order to have effect for a period |
| 20 |
exceeding 2 years in total. |
| |
(10) | In this section “relevant document” has the same meaning as in section |
| |
| |
(11) | Where this section applies in relation to a driving licence at any time |
| |
before the commencement of Schedule 3 to the Road Safety Act 2006, |
| 25 |
any reference in this section to any relevant document includes the |
| |
licence’s counterpart (within the meaning of section 108(1) of the Road |
| |
| |
39CB | Appeals against disqualification orders |
| |
(1) | A person against whom a disqualification order is made may appeal to |
| 30 |
the court against the order within a prescribed period (which must |
| |
begin with the first day on which that person had actual notice of the |
| |
| |
(2) | Where an appeal is brought under subsection (1), the running of the |
| |
period for which the order has effect shall be suspended until the time |
| 35 |
at which the appeal is determined, withdrawn or discontinued. |
| |
| |
(a) | the person against whom a disqualification order is made does |
| |
not bring an appeal within the period specified in subsection |
| |
| 40 |
(b) | prescribed conditions are satisfied, |
| |
| the court may grant leave for an appeal to be brought after the end of |
| |
| |
(4) | On granting leave under subsection (3) the court may suspend the |
| |
running of the period for which the order has effect until such time and |
| 45 |
on such conditions (if any) as it thinks just. |
| |
|
| |
|
| |
|
(5) | On an appeal under this section the court— |
| |
(a) | shall reconsider the exercise by the Commission of its powers |
| |
| |
(b) | may by order affirm, vary or revoke the disqualification order. |
| |
(6) | On an appeal under this section the court shall not question— |
| 5 |
(a) | the liability order by reference to which the Commission acted |
| |
as mentioned in section 39B(1)(a); |
| |
(b) | any liability order made against the same person after the |
| |
disqualification order was made; or |
| |
(c) | the maintenance calculation by reference to which any liability |
| 10 |
order within paragraph (a) or (b) was made. |
| |
(7) | The power under subsection (5) to vary a disqualification order |
| |
includes power to extend the period for which it has effect; but that |
| |
power may not be exercised so as to provide for it to have effect for a |
| |
period exceeding 2 years in total. |
| 15 |
(8) | If, on appeal under this section, the court affirms or varies a |
| |
disqualification order, the court shall substitute for the amount |
| |
specified under section 39B(5) the aggregate of— |
| |
(a) | the amount sought to be recovered as mentioned in section |
| |
39B(1)(a), or so much of it as remains unpaid; |
| 20 |
(b) | the amount which the person against whom the order was |
| |
made is required to pay by the order under section 39DA(1), so |
| |
| |
(c) | the amount which that person is required to pay by the order |
| |
under section 39DA(2); and |
| 25 |
(d) | if a liability order has been made against that person since the |
| |
disqualification order was made, the amount in respect of |
| |
which the liability order was made, so far as remaining unpaid. |
| |
(9) | On the affirmation or variation of the disqualification order by the |
| |
court, any existing suspension of the running of the period for which |
| 30 |
the order is to have effect shall cease. |
| |
(10) | But the court may suspend the running of that period until such time |
| |
and on such conditions (if any) as it thinks fit if— |
| |
(a) | the person against whom the disqualification order was made |
| |
agrees to pay the amount specified in the order; or |
| 35 |
(b) | the court is of the opinion that the suspension in question is |
| |
justified by exceptional circumstances. |
| |
(11) | If, on an appeal under this section, the court revokes a disqualification |
| |
order, the court shall also revoke the order made under section |
| |
| 40 |
(12) | But subsection (11) does not apply if the court is of the opinion that, |
| |
having regard to all the circumstances, it is reasonable to require the |
| |
person against whom the disqualification order was made to pay the |
| |
costs mentioned in section 39DA(1). |
| |
(13) | In this section “the court” means— |
| 45 |
(a) | in relation to England and Wales, a magistrates’ court; |
| |
(b) | in relation to Scotland, the sheriff.” |
| |
|
| |
|